Searching Content indexed under Healthcare by Cadwalader, Wickersham & Taft LLP ordered by Published Date Descending.
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State Attorneys General Jolt Antitrust Enforcement – Cadwalader Expands A.G. Practice
Over the past year, State Attorneys General have stepped into what they describe as a void of antitrust enforcement at the federal level
United States
30 Jul 2019
Untimely Physician Certifications For Medicare Home Care Claims—Arguably A Technicality—Vulnerable To False Claims Act Allegations: Sixth Circuit
On June 11, 2018, the United States Court of Appeals for the Sixth Circuit sustained a complaint against a home health care agency alleging that the agency had violated the False Claims Act (the "FCA") ...
United States
17 Jul 2018
Court: CMS' Broad Authority To Suspend Medicare Payments Based On Alleged Overpayments Beyond Judicial Review Until All Administrative Remedies Are Exhausted
Medicare contractor's determination to suspend the agency's Medicare payments—holding that the home care agency had to exhaust its administrative remedies prior to filing suit.
United States
15 Mar 2018
N.Y. Appellate Court Rejects "Soft Cap" Limitation On Health Care Executive Compensation
The Third Department of the New York State Appellate Division issued a decision on Department of Health regulations, which imposed limits on executive compensation and administrative costs...
United States
6 Jul 2017
Latest Court Decision Addresses New York's Limits On Executive Compensation And Administrative Costs Of State-Funded Providers -- Third Department Tosses "Soft" Cap But Affirms "Hard" Cap
On June 22, 2017, the New York State Appellate Division, Third Department issued a decision in LeadingAge New York v. Shah on the validity of regulations promulgated by the Department of Health ("DOH")...
United States
3 Jul 2017
Strike One On Health Care Reform: Where Do We Go from Here?
One of the first priorities of the Trump administration was the repeal of the Patient Protection and Affordable Care Act.
United States
12 Apr 2017
Status Of The Affordable Care Act Repeal Efforts
On January 20, 2017, Donald J. Trump became the 45th President of the United States. Consistent with his campaign promises to act swiftly to "repeal and replace" the Patient Protection and Affordable Care Act . . .
United States
31 Jan 2017
The Trump Administration: The Future Of Health Care
The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate...
United States
12 Dec 2016
Federal Court Blocks CMS Ban On Pre-Dispute Nursing Home Arbitration Agreements Pending Legal Challenge: What The Ruling Means For Providers
Earlier this week, a federal court enjoined the federal Centers for Medicare and Medicaid Services ("CMS") from enforcing a rule.
United States
16 Nov 2016
In Final Rule, CMS Acts To Bar Pre-Dispute Binding Arbitration Agreements With Nursing Home Residents Effective November 28, 2016
On September 28, 2016, the federal "CMS" issued its long-awaited final rule that, among other things, prohibits "SNFs" and "NFs" participating in the Medicare or Medicaid programs...
United States
4 Oct 2016
IRS Ruling Sounds Alarm Over Tax-Exempt Status Of Nonprofit ACOs Operating Outside Of The Medicare Shared Savings Program
On April 8, 2016, the IRS released private letter ruling 201615022 denying tax-exempt section 501(c)(3) status to a nonprofit accountable care organization ("ACO") that did not participate in the Medicare Shared Savings Program.
United States
17 May 2016
More Than A Family Affair: Six-Figure HIPAA Penalty Upheld For Unrepentant Home Care Agency Due To PHI Access By Spurned Spouse Of Employee
The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder ("HIPAA") should be now well-known to health care providers and health plans.
United States
14 Mar 2016
CMS Issues Final Regulations To Guide Medicare Providers And Suppliers In Complying With 60-Day Mandate To Report And Return Overpayments
The Patient Protection and Affordable Care Act ("PPACA"), signed into law on March 23, 2010, included a provision (the "Report and Refund Mandate")...
United States
1 Mar 2016
In Closely Watched Case, Federal Court Upholds The Government's Position On Provider Mandate To Report And Return Medicare And Medicaid Overpayments In 60 Days
The federal district court in Kane v. Healthfirst, Inc., has stepped in to fill a regulatory void left by the Centers for Medicare & Medicaid Services and has provided long-awaited guidance to providers struggling to understand their compliance obligations and risks under The Patient Protection and Affordable Care Act's report and refund mandate.
United States
17 Nov 2015
Budget Legislation Repeals Affordable Care Act's Automatic Enrollment Requirement For Large Employers
The Bipartisan Budget Act of 2015, Pub. L. No. 114-74, which was signed by President Obama on November 2, 2015, included a little‑publicized provision that repealed the Affordable Care Act's automatic enrollment requirement.
United States
9 Nov 2015
Supreme Court Upholds Premium Subsidies In 34 States With Federally-Facilitated Marketplaces
Today the U.S. Supreme Court handed down its much anticipated decision in King v. Burwell, a case challenging the legality of Federal subsidies provided to individuals in the 34 States that did not establish State-based American Health Benefit Exchanges, and instead provide individual marketplace coverage through "Federally-facilitated Exchanges."
United States
1 Jul 2015
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