Health Care Law

  • How Courts Interpret and Apply the Interplay Between the Bankruptcy Code and Medicare Program Act

    The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

    April 30, 2026Andrew C. Kassner and Joseph N. Argentina Jr.

  • The CAA's Impact on Health and Welfare Plans

    In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage.

    June 01, 2021Lawrence L. Bell

  • Telehealth Enforcement: Is It the Next Big Thing?

    With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

    March 01, 2021Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta

  • Don't Set It & Forget It: The Importance of Evaluating & Evolving Healthcare Compliance Programs

    The federal government won or negotiated over $2.6 billion in healthcare fraud judgments and settlements in 2019. The government's investment of resources toward combatting fraud, waste and abuse in healthcare can be expected to continue in full force, irrespective of a change in political administration. Accordingly, it is important for healthcare companies to focus on maintaining flexible and effective compliance programs.

    November 01, 2020Brian Bewley, James D. Gatta and Kaitlyn L. Dunn

  • How the Healthcare Industry Can Fight Rising Cyber-Attacks

    The healthcare industry is facing an alarming proliferation of cyber perils. Why? Because our healthcare system is a "soft target," and particularly vulnerable because of its lifesaving work, where time is of the essence. It's a recipe for disaster from a cybersecurity standpoint.

    December 01, 2019Jason G. Weiss

  • Due Diligence in Distressed Community Hospitals

    Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

    December 01, 2018Deborah Williamson, Mark Andrews and Richard Y. Cheng

  • Are Allegations of Lack of Medical Necessity in False Claims Act Cases a Basis for Settlement or Trial?

    Lessons Learned from Recent Settlements and Decisions

    Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government.Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.

    October 01, 2018Jacqueline C. Wolff

  • Due Diligence in Distressed Community Hospitals

    Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

    August 01, 2018Deborah Williamson, Mark Andrews and Richard Y. Cheng

  • Genetic Labeling: Legal Uncertainty for Pharma Product Liability

    The FDA's recent approval of 23andMe's direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.

    January 01, 2018Shannon E. McClure and Whitney Mayer

  • Arizona's New Paid Sick Leave Law

    As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act. The law dictates how employers must implement the new rules — from when the benefits begin to accrue to when they pay out, and what fines will be imposed for non-compliance.

    October 02, 2017Tamara Cook