Articles

Health Care in the High Court

By Nabilah Irshad

The Supreme Court is hearing oral arguments concerning one of the most contentious pieces of legislation this election cycle: The Patient Protection and Affordable Care Act .

The Federal Health-Care Act Heads to the Supreme Court

By Norayr Zurabyan

The U.S. Supreme Court has granted certiorari to hear the Patient Protection and Affordable Care Act case from the Eleventh Circuit, amid presidential elections.

Violations of Payment/Participation Conditions as Predicates for False Claims

By Katherine A. Lauer, Jason M. Ohta, and Amy E. Hargreaves

The distinction between a condition of payment and a condition of participation should continue to be particularly significant in FCA actions.

Expertly Impeaching the Medical Expert

By James V. Painter

Attorneys should research potential sources that can be utilized to expertly impeach medical experts.

Courts Grapple with the Enforceability of Nursing Home Arbitration Clauses

By Joanne Snow

The enforceability of mandatory arbitration agreements in the patient admission process will continue to be fought in the courts.

False Claims Act Expands Liability for Inadvertent Stark Law Violation

By Katherine A. Lauer, Michael P. Myers, and Scott W. Morris

Many of the changes to the False Claims Act address and expand the types of entities and conduct subject to the FCA's reach.

Interagency Medicare Fraud Initiative Expands Ongoing Enforcement Activity

By Bary M. Sabin, Alice S. Fisher, and Daniel Meron

The Health Care Fraud Prevention and Enforcement Action Team (HEAT) will battle fraud in Medicare and Medicaid programs.

Federal Stimulus Package Broadens HIPAA Rules and Adds New Security Breach Notification Requirements

By Nestor J. Rivera

Changes to the HIPPA Privacy Rule impact covered entities and/or business associates and how they handle the use, disclosure, or request of a patient's protected health information and/or electronic health record.