Articles and Blogs

Year: 2020

FTC, DOJ Release Draft Vertical Merger Guidelines

[01/21/20]

Posted on January 21, 2020 in Health Law News

Published by: Hall Render

On January 10, 2020, the Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) (collectively, the “Federal Antitrust Enforcers”) proposed their first new vertical merger guidelines (the “Draft Vertical Merger Guidelines”) in 36 years. The Draft Vertical Merger Guidelines, which will supersede and replace the 1984 DOJ “Non-Horizontal Merger... READ MORE

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Informational Bulletin from CMS Addresses Best Practices to Avoid 340B Duplicate Discounts

[01/17/20]

Posted on January 17, 2020 in Health Law News

Published by: Hall Render

On January 8, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released an Informational Bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid” (“Bulletin”). The Bulletin outlines best practices that CMS encourages state Medicaid agencies to consider to avoid the situation where a manufacturer provides both a Medicaid drug rebate and... READ MORE

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Health Provider News – January 17, 2020

[01/17/20]

Posted on January 17, 2020 in Health Law News

Published by: Hall Render

NATIONAL Could Patient Privacy Awareness Drive Health IT Innovation in 2020? How tech will transform the healthcare workplace by 2050: 3 predictions Physicians will keep fighting on these 6 key issues in 2020 How healthcare will change in 2020 Health Plans Struggle with HIPAA Compliance, Unprepared for Audit AHA files another challenge to CMS... READ MORE

Congress Delays Laboratory Data Reporting Requirements Until 2021

[01/16/20]

Posted on January 16, 2020 in Health Law News

Published by: Hall Render

Under the Protecting Access to Medicare Act (“PAMA”), certain laboratories must report private payor data to the Centers for Medicare & Medicaid Services (“CMS”). This data is in turn used by CMS to establish a single, national Clinical Laboratory Fee Schedule. For a more detailed discussion on PAMA and the types of laboratories that... READ MORE

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DOJ’S 2019 False Claims Act Recoveries Total More Than $3 Billion

[01/15/20]

Posted on January 15, 2020 in Health Law News

Published by: Hall Render

On January 9, 2020, the Department of Justice (“DOJ”) announced that it collected over $3 billion in settlements and judgments under the False Claims Act (“FCA”) in the federal fiscal year 2019. The FCA has historically been the government’s primary tool for combatting perceived fraud, waste and abuse in the health care system, and... READ MORE

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Hall Render’s The Week in Washington – January 13, 2020

[01/13/20]

Posted on January 13, 2020 in Federal Advocacy

Published by: Hall Render

Welcome to the new The Week in Washington! This newsletter will publish on Monday to review the past week’s news for Congress and the administration, as well as provide a preview for the upcoming week. Health Care on the Hill – What to Expect in 2020 Since 2020 is an election year, Congress traditionally... READ MORE

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Do-It-Yourself Legal Review Part 2: A Guide for Helping Businesses Evaluate Software Terms

[01/10/20]

Posted on January 10, 2020 in Health Information Technology

Published by: Hall Render

In part 1 of this series about negotiating procurement deals, we talked about the parties to the agreement and how that easily overlooked issue can cause problems such as unlicensed use of the software being acquired. Other basic issues can cause deals to go sideways. This post addresses the first issues that an organization’s... READ MORE

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Texas v. United States – House of Representatives and Defender States Petition Supreme Court for Review: Will Obamacare Fall?

[01/10/20]

Posted on January 10, 2020 in Health Law News

Published by: Hall Render

On December 18, 2019, in a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiffs in Texas v. United States[1] had standing to bring a case challenging a provision of the Affordable Care Act (“ACA”) known as the individual mandate (26 U.S.C. §5000A) and that the individual mandate requiring... READ MORE

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Health Provider News – January 10, 2020

[01/10/20]

Posted on January 10, 2020 in Health Law News

Published by: Hall Render

NATIONAL Hospitals Exploring Short-Term Housing For Homeless Patients To Free Up Beds VA drops its star ratings system for hospitals TEVA Agrees to Pay $54 Million to Settle McEldrew Young False Claims Act Qui Tam Whistleblower Lawsuit 43% of older patients seek out physician ratings CMS releases 2021 Medicare Advantage risk adjustment payment changes... READ MORE

Failure to Encrypt Laptop and Failure to Comply with Technical Assistance from OCR Leads to $65,000 Settlement

[01/07/20]

Posted on January 7, 2020 in Health Information Technology

Published by: Hall Render

On December 30, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a resolution agreement with an ambulance company (“Company”) covered entity that provides both emergency and nonemergency transportation services. The Company employs only 64 workers. The Company will pay $65,000 and enter into a Corrective Action Plan (“CAP”)... READ MORE