Articles and Blogs

Year: 2020

Wisconsin Statute Permitting Warrantless Blood Draws from Unconscious Drivers Held Unconstitutional

[07/15/20]

Posted on July 15, 2020 in Health Law News

Published by: Hall Render

On June 25, 2020, the Wisconsin Court of Appeals struck down a state statute permitting police to order warrantless blood draws from incapacitated drivers in State of Wisconsin v. Dawn M. Prado. This holding follows a U.S. Supreme Court ruling during the 2018 term that left unsettled whether Wisconsin’s implied consent law satisfies the... READ MORE

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What Does the Supreme Court’s Recent Decision Mean for Religious Health Care Organizations?

[07/14/20]

Posted on July 14, 2020 in HR Insights for Health Care

Published by: Hall Render

A recent U.S. Supreme Court decision in Our Lady of Guadalupe School v. Morrissey-Berru reaffirmed the “ministerial exception” to bar certain employment discrimination claims involving teachers at religious schools who are entrusted with the responsibility of instructing their students in the faith.[1] This constitutional holding follows the Court’s unanimous 2012 ruling in Hosanna-Tabor Evangelical... READ MORE

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Objectively Reasonable Interpretation Saves Pharmacies from FCA Liability

[07/14/20]

Posted on July 14, 2020 in False Claims Act Defense

Published by: Hall Render

On July 1, 2020, the U.S. District Court for the Central District of Illinois granted summary judgment in favor of a number of pharmacy defendants who argued that they could not be liable under the False Claims Act (“FCA”) because their interpretation of an applicable law was objectively reasonable, though incorrect, at the time... READ MORE

DOJ, FTC Issue Vertical Merger Guidelines

[07/10/20]

Posted on July 10, 2020 in Health Law News

Published by: Hall Render

On June 30, 2020,  the Antitrust Division of the Department of Justice (“DOJ”), along with the Federal Trade Commission (“FTC”) issued a finalized version of their new Vertical Merger Guidelines (the “Guidelines”). The Guidelines do not institute many significant changes to the enforcer’s approach to analyzing vertical mergers but rather attempt to memorialize the... READ MORE

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Health Provider News – July 10, 2020

[07/10/20]

Posted on July 10, 2020 in Health Law News

Published by: Hall Render

NATIONAL 34 hospital groups urge HHS to delay price disclosure start 98% of physicians avoid MIPS penalties 5 FDA approval decisions to watch in the 3rd quarter 77 hospitals that received $5M to $10M in PPP loans 10 big advancements in healthcare tech during the pandemic America’s 100 best hospitals, according to IBM Watson... READ MORE

Graduate Medical Education in Health Care M&A: Four Things You Need to Know

[07/09/20]

Posted on July 9, 2020 in Health Law News

Published by: Hall Render

Mergers and acquisitions in the health care industry present unique challenges that are not often present when undertaking transactions in other industries. Because of health care’s highly regulated nature, parties may falter if a health care transaction is not reviewed and negotiated carefully with respect to all of the components of health care regulation.... READ MORE

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As COVID-19 Cases Continue to Increase, Commercial Eviction Restrictions Are Decreasing

[07/09/20]

Posted on July 9, 2020 in COVID-19 Daily Updates, Health Law News

Published by: Hall Render

In April 2020, Hall Render published an article detailing state statutory, administrative and common law directives guiding commercial eviction and foreclosure actions during the COVID-19 pandemic. Two months later, the pandemic has far from subsided with many states reporting rising rates of new cases and experts predicting a second wave sometime in the fall,... READ MORE

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Creating Swing Beds: Key Regulatory, Operational, Billing and Compliance Considerations Under the CMS Blanket Waivers

[07/08/20]

Posted on July 8, 2020 in COVID-19 Daily Updates, Long-Term Care, Home Health & Hospice

Published by: Hall Render

CMS recently issued an update of a memorandum entitled “COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers” (“Blanket Waiver Memo”) that announced additional blanket waivers for providers, including hospitals and skilled nursing facilities (“SNFs”) as a result of the COVID-19 public health emergency (“PHE”). The waivers have a retroactive effective date of March... READ MORE

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OFCCP Confirms Its Lack of Authority Over TRICARE Providers

[07/06/20]

Posted on July 6, 2020 in HR Insights for Health Care

Published by: Hall Render

The Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule amending its regulations concerning its jurisdictional authority over health care providers that participate in TRICARE. Effective immediately, and in direct opposition with its prior legal position, OFCCP has confirmed that it lacks authority to regulate health care providers solely because they participate... READ MORE

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False Claims Cost More: DOJ Increases Civil Penalties for False Claims Act Violations

[07/01/20]

Posted on July 1, 2020 in False Claims Act Defense, Press Room

Published by: Hall Render

On June 19, 2020, the Department of Justice (the “DOJ”) announced its Final Rule[1] increasing the penalties assessable under the False Claims Act (“FCA”). The DOJ raised the minimum penalty for a single false claim from $11,181 to $11,665; the maximum penalty from $22,363 to $23,331. Under the False Claims Act,[2] any person who... READ MORE

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