Corporate Counsel News - Trends and Developments,Denial of CON for new psych...
By Harold Bishop, J.D.The review of a certificate of need (CON) application to establish a new acute care psychiatric and substance abuse hospital was not performed in an arbitrary and capricious...
View ArticleCorporate Counsel News - Trends and Developments,Deutsche’s closed-end funds...
By Jacquelyn LumbThe Division of Investment Management has advised closed-end funds Deutsche Strategic Income Trust and Deutsche Multi-Market Income Trust that it does not concur with their view that...
View ArticleCorporate Counsel News - Trends and Developments,Patient-focused and...
By Kathryn S. Beard, J.D.Outpatient hospitals and ambulatory surgical centers (ASCs) would face fewer location-based payment discrepancies under proposed payment policy changes for calendar year (CY)...
View ArticleCorporate Counsel News - Trends and Developments,SEC’s Investor Advisory...
By Jacquelyn LumbThe SEC’s Investor Advisory Committee heard presentations on sustainability reporting from former SEC general counsel and former PCAOB member Daniel Goelzer, and representatives of the...
View ArticleCorporate Counsel News - Trends and Developments,Hospice provider...
By Patricia K. Ruiz, J.D.Evercare Hospice and Palliative Care (Evercare), a Minnesota-based hospice care provider, will pay $18 million to resolve allegations under the False Claims Act that it claimed...
View ArticleCorporate Counsel News - Trends and Developments,Over 500 hospitals reach DSH...
By Paul ClarkResolving 11 pieces of litigation stretching back to 2010, over 500 hospitals on July 14, 2016, entered into confidential settlement agreements with CMS regarding Medicare disproportionate...
View ArticleCorporate Counsel News - Trends and Developments,What does good governance...
By Anne Sherry, J.D.A group of business leaders released a set of "commonsense corporate governance principles" to further a conversation about governance. The group of 13 includes Warren Buffett and...
View ArticleCorporate Counsel News - Trends and Developments,DOL proposes changes to...
By Carol Potaczek, J.D.The Department of Labor (DOL) has issued proposed revisions to modernize and improve the Form 5500 Annual Return/Report filed by private-sector employee benefit plans. If...
View ArticleCorporate Counsel News - Trends and Developments,‘Patient dumping’ allegation...
By Wolters Kluwer Editorial StaffA Pennsylvania district court dismissed with prejudice a patient’s Emergency Medical Treatment & Labor Act (EMTALA) (42 U.S.C. §1395dd) claims against a hospital...
View ArticleCorporate Counsel News - Trends and Developments,Derek Jeter's undies...
By Anne Sherry, J.D.A governance-based endorsement deal between Derek Jeter and sports-underwear maker RevolutionWear soured, prompting the Delaware Court of Chancery to warn about "the mixing of roles...
View ArticleCorporate Counsel News - Trends and Developments,CMS ultimately prevails in...
By Harold Bishop, J.D.CMS did not improperly calculate the amount that nine affiliated hospitals should be paid for uncompensated disproportionate share hospital (DSH) care in 2012. In granting summary...
View ArticleCorporate Counsel News - Trends and Developments,C&J merger upheld under...
By Anne Sherry, J.D.The business judgment rule shielded the C&J Energy Services board from damages allegedly incurred in its merger with a subsidiary of Nabors Industries. The Delaware Court of...
View ArticleCorporate Counsel News - Trends and Developments,1.5 percent payment cut...
By Patricia K. Ruiz, J.D.Despite pushback from the industry, CMS finalized a controversial 1.5 percent cut to acute care hospital reimbursement under the American Taxpayer Relief Act of 2012 (ATRA),...
View ArticleCorporate Counsel News - Trends and Developments,NY OAG puts best practices...
The New York Office of the Attorney General (OAG) has adopted policies supporting the right of employees to undergo a gender transition. The OAG relied on best practices from the transgender advocacy...
View ArticleCorporate Counsel News - Trends and Developments,Slashing male’s pay to level...
By Joy. P. Waltemath, J.D.Pay equity—or the lack of it—is a hot topic in employment law. It is the subject of controversial federal agency action, state legislation, White House pronouncements, and...
View ArticleCorporate Counsel News - Trends and Developments,‘Deplorable’ conduct will...
By Amy Leisinger, J.D.The Delaware Court of Chancery has ordered the CEO of TransPerfect Global, Inc. to pay over $7.1 million in sanctions to his former girlfriend and business partner. The court...
View ArticleCorporate Counsel News - Trends and Developments,OCR thinks small to stop...
By Bryant Storm, J.D.Reports of breaches impacting the protected health information (PHI) of 500 or fewer individuals will be more widely investigated by the HHS Office for Civil Rights (OCR),...
View ArticleCorporate Counsel News - Trends and Developments,Nearly half of Americans...
By Tulay Turan, J.D.Health benefits can make a significant difference in people’s job satisfaction and may even impact their choice of jobs, according to a survey conducted by One Medical Group. The...
View ArticleCorporate Counsel News - Trends and Developments,Hospitals’ challenge to...
By Bryant Storm, J.D.HHS did not act arbitrarily or capriciously when establishing the method it uses to calculate the "fixed-loss threshold" (FLT) for Medicare hospitals, a district court held. The...
View ArticleCorporate Counsel News - Trends and Developments,Dermatology practice...
By Bryant Storm, J.D.Dermedx Dermatology, P.C. d/b/a/ Dermatique, and its owner entered into a three-year Corporate Integrity Agreement (CIA) with the HHS Office of Inspector General (OIG) to promote...
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