March and April will be critical months for employers who sponsor ERISA-governed employee benefit plans that provide benefits subject to the disability claim procedures. Any claims filed after April 1, 2018 will be subject to a new final rule issued by the Department of Labor (“DOL”) in December of 2016. Plans subject to these rules …
Prescription for Fraud: Government Enforcement Activities in Compounding Pharmacies
On October 18, 2017, a Mississippi physician was charged with health care fraud for writing prescriptions for medically unnecessary compounded medications. This is the latest – though certainly not the last – example of the Department of Justice’s efforts to combat fraud within the TRICARE program. From California to Florida, federal prosecutors have charged physicians, …
Department of Justice use of Parallel Proceedings
By: Kerry Harvey Corporations and individuals engaged in a heavily regulated industry, particularly those doing business with the federal government, stand a good chance of being called upon to provide information related to a government investigation. Healthcare providers, government contractors and financial institutions immediately come to mind. The initial contact may come in a number …
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Keeping Pace in Clinical Research: The Common Rule Picks up Speed
By: Billee Lightvoet Ward, Esq. Of Counsel, Grand Rapids Office Phone: 616.336.1008 bward@dickinsonwright.com In recent years, the world of human subjects research has expanded not only with regard to the number of clinical research trials being conducted and the array of drugs and devices being tested, but also with respect to the technology employed to …
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Recent Case Serves as Reminder to Take Care in Structuring Sales of Physician Practices
By: Ralph Levy Of Counsel, Nashville Office Phone: 615.620.1733 rlevy@dickinsonwright.com Over the past few years, hospitals, health systems and practice management companies have increased their efforts to acquire physician practices. Moreover, physician groups are increasingly interested in selling their practices to these interested purchasers. The primary reasons for this trend are varied but in general …
High Court Unanimously Upholds ERISA Exemption For Church-Affiliated Pension Plans
By: Kimberly J. Ruppel Member, Troy Office Phone: 248.433.7291 kruppel@dickinsonwright.com Advocate Health Care Network et al v. Stapleton et al, 581 U.S. __ (2017) In one of the recent opinions rendered by the United States Supreme Court, it was found that pension plans maintained by religiously affiliated pension plan committees were exempt from certain provisions …
Where is your PHI Data Traveling Today?
By: Craig A. Phillips Member, Grand Rapids Office Phone: 616.336.1030email: cphillips@dickinsonwright.com With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and business associates are questioning whether and how they can take advantage of cloud computing while complying with …
Attempting To Avoid The High Cost Of A Reported HIPAA Breach
By: Kimberly Ruppel and Billee Lightvoet Ward Preventing unintended or unauthorized disclosure of protected health information is an ever-present goal of all covered entities and business associates. However, protective firewalls and electronic data security measures are not enough to avoid a potentially costly penalty or settlement amount in the event of a breach. In order …
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Cyndi Moore Participated in “What’s Driving Health Care Costs in America” Roundtable Discussion
Federal lawmakers need to focus on what’s driving health care costs in America that in turn contributes to the rising cost of health coverage. That’s according to a group of health care industry executives who gathered for a recent roundtable conversation organized by MiBiz. They also said that health care needs more cost transparency and …
“Blessings in Disguise: The Hidden Opportunities of Healthcare Bankruptcies” Webinar
With the changes in the healthcare reimbursement and regulatory environment, it is all but certain we will see an increase in the number of distressed healthcare entities over the next few years. Whether your organization is doing well, or underperforming, there are significant opportunities in this uncertain time. The team at Dickinson Wright advises healthcare …