Perspectives on Health Care

The issue of where a medical provider with an assignment of benefits may sue an ERISA-governed healthcare plan for unreimbursed medical care is important.

On August 21, 2017, the Health Resources and Services Administration published a proposed rule that would entertain even further delays of the implementation of a January 5, 2017 Final Rule regarding calculation of 340B ceiling prices.

Arent Fox partner and national leader of the Health Care group Lowell Brown was quoted in the Modern Healthcare article, “C-suite pay raises target transformational healthcare leaders,” on executive compensation among health systems.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2018.

Arent Fox former Senator and Congressman, respectively, discussed a newly released report that shows the benefits of group purchasing organizations on the cost of health care.

On July 18, 2017, FDA held a public meeting to address efforts to ensure a balance between innovation in drug development and accelerating the access of the public to lower-cost alternatives to innovator drug therapies is maintained under the Drug Price Competition and Patent Term Restoration Act.

The Centers for Medicare & Medicaid Services has released its annual proposed update to the hospital outpatient prospective payment system for calendar year 2018.

Health Care Partner Tom Jeffry and 44 other health care executives spoke to Becker’s Hospital Review about the key trends disrupting the traditional hospital and how institutions can prepare for the future.

AnMed Health, a hospital located in South Carolina, recently agreed to pay almost $1.3 million dollars and enter into a settlement agreement with the HHS Office of Inspector General to resolve allegations that it violated the Emergency Medical Treatment and Labor Act.

Earlier this year, Abid Hospital in Pakistan began accepting PakCoin (a cryptocurrency similar to Bitcoin) as payment for healthcare services, paving the way for innovative medical payment solutions in Asia.

Last week, the FDA released a draft guidance titled Product Identifier Requirements Under the Drug Supply Chain Security Act—Compliance Policy, with a 60-day comment period ending around September 3, 2017.

Nevada is the latest state in the Union to adopt some form of a drug pricing transparency law, after Nevada Governor Brian Sandoval signed Senate Bill No. 539 into law on June 15, 2017.

Health Care partner Lowell Brown spoke with the LA Times for an article titled “What the Senate healthcare bill could mean for Californians.”

After weeks of secrecy and speculation about the content of the Senate’s health care bill, Senate Republicans released a “discussion draft” of their bill on Thursday.

Medical providers seeking to pursue state law claims for payment from health care payers scored a win in the Second Circuit last month in a holding that affirms providers’ ability to hold health care insurers and other payers to their payment representations and promises.

Earlier this month, the Health Care Industry Cybersecurity Task Force sent to Congress the Report On Improving Cybersecurity in the Health Care Industry.

Alleged price gouging by drug manufacturers and distributors has been in the news the past several years, causing many lawmakers to threaten to take action. 

Pursuant to the Bipartisan Budget Act of 2015, manufacturers participating in the Medicaid Drug Rebate Program must pay an Additional Discount on Non-Innovator products to the extent the Average Manufacturer Prices of their products are rising faster than inflation.

The Supreme Court issued a stunning ERISA decision on Monday, overturning the law in the three federal circuits as to what constitutes a “church plan” that is exempt from ERISA’s requirements.

Last week, eClinicalWorks (ECW)—an electronic health records (EHR) vendor—settled an intervened False Claims Act case with the Department of Justice for $155 million.

The Supreme Court issued a stunning ERISA decision on Monday, overturning the law in the three federal circuits as to what constitutes a “church plan” that is exempt from ERISA’s requirements.

The 2017 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 17 of the firm’s practice areas were ranked among the best in the country. Legal 500 highlighted Arent Fox’s extensive capabilities across a number of areas of the law.

Chambers USA: America’s Leading Lawyers for Business has recognized 32 Arent Fox LLP attorneys as leaders in their field.