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The Legal Intelligencer

Health Department's Nursing Home Review Not Privileged

Plaintiffs can access through discovery documents created during an investigation by the Pennsylvania Department of Health into a nursing home in violation of state or federal law, an Allegheny County judge has ruled in an apparent issue of first impression.
8 minute read

Daily Business Review

Greenspoon Marder Acquires Florida Health Law Boutique

Greenspoon Marder, which has grown by about 20 lawyers and several offices since the start of the year, has continued its expansion, this time with the addition of a South Florida health law boutique.
10 minute read

The Legal Intelligencer

Court Clarifies Scope of 'Implied Certification' Theory of Liability

On June 16, the U.S. Supreme Court issued a unanimous decision in the Medicaid case Universal Health Services v. United States ex rel. Escobar, 579 U.S. 15-7 (2016), endorsing an ­expanded version of the "implied certification" theory as a basis for liability under the federal False Claims Act (FCA), but adopting a rigorous "materiality" standard for determining liability in such cases.
14 minute read

National Law Journal

FTC, Reversing In-House Judge, Rules Against LabMD in Cybersecurity Case

The Federal Trade Commission has found that the now-shuttered cancer testing company LabMD failed to adequately protect the personal information of nearly 10,000 patients, reversing an in-house judge's decision in a closely watched data security case.
8 minute read

Texas Lawyer

After Feds Pass, Private Lawyers Strike Eight-Figure Accord in Medical Device Qui Tam Case

Even though the federal government took a pass, a whistleblower has secured a settlement in excess of $11 million over a case where artery stents were allegedly marketed improperly by a device maker.
5 minute read

Daily Business Review

Debate Emerges on Severability, Constitutionality of 'Docs v. Glocks' Law

As a federal appeals court ponders the constitutionality of Florida's "docs v. glocks" law, attorneys this week debated in court documents whether it would be possible to jettison parts of the controversial measure and keep others.
3 minute read

Connecticut Law Tribune

Whistleblower Case Against Psychiatrist Settles for $36K

A Danbury-based psychiatrist and mental health practice accused of billing Medicare for brief patient "visits" over the phone agreed to pay over $36,000 to settle allegations that they violated the False Claims Act.
8 minute read

New York Law Journal

Noting Human Rights Concerns, Surrogate Denies Guardianship of Disabled Adult

A Brooklyn surrogate court refused to name a guardian for a 34-year-old woman with Down syndrome at her parents' request, suggesting that guardianship appointments can undermine the rights of people with mental disabilities.
11 minute read

Connecticut Law Tribune

Suit Over Bayer's Essure Birth Control Implant Is Dismissed

Judge Jeffrey Meyer's ruling follows two other dismissals in California.
10 minute read

New York Law Journal

New Law to Combat Opioid Addiction

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig discusses the growing epidemic of addiction to the prescription pain medications known as “opioids.” He summarizes legislation recently enacted in New York that is the latest attempt to curtail opioid abuse. The law places new requirements on hospitals, physicians and other licensed prescribers, substance abuse treatment providers, pharmacies, health insurers, and managed care plans.
17 minute read

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