FTC allows Organization Proposal to Negotiate Rates with Payors to Go Forward

By James M. Burns On February 13th, the Federal Trade Commission (“FTC”) issued an Advisory Opinion in which they indicated that they would not challenge a decision by an Oklahoma physician hospital organization (“PHO”) to negotiate rates jointly with payors as a horizontal price fixing agreement.  As explained in the Opinion, the PHO was successful …

Supreme Court Limits “State Action” Antitrust Exemption in FTC v. Phoebe Putney, Reversing Decision that Limited FTC Authority to Challenge Hospital Merger

By James M. Burns On February 19, 2013, the United States Supreme Court issued its decision in FTC v. Phoebe Putney Health System, a closely-watched antitrust case involving an FTC challenge to a Georgia hospital merger.  In a 9-0 opinion, authored by Justice Sonia Sotomayor, the Supreme Court held that the “State Action Doctrine” – …

Record Recoveries Announced by DOJ and HHS

In a recent announcement, the Departments of Justice and Health & Human Services announced record recoveries of $4.2 billion in their 2012 fiscal year from healthcare fraud prevention and enforcement efforts.  This is an increase from the $4.1 billion recovered during 2011. Highlighted areas of recovery included improper billing (overpayments and for services not performed) …

The New HIPAA/HITECH Rules and Medical Research: “Buying” Patient Data for Medical Research

By Scott Roberts When conducting medical research, a researcher may want to obtain health information to use as data in a study.  For observational studies, clinical data and treatment information can be especially useful, particularly when large amounts of clinical data are aggregated together. The Health Insurance Portability and Accountability Act, also known as “HIPAA,” …

DW Health Care Team – News & Success Stories

Effective January 1, 2013, Dickinson Wright PLLC expanded its practice in the Arizona and Southwestern U.S. legal and business communities, combining with Mariscal Weeks of Phoenix, Arizona, creating “Dickinson Wright/Mariscal Weeks”. This combination is part of a strategy that will solidify Dickinson Wright’s position as a leader in the North American marketplace and strengthen the …