Under the False Claims Act (“FCA”), whistleblowers (known as qui tam relators) are able to initiate and direct the litigation of cases that seek recovery for alleged injuries to the federal government. 31 U.S.C. § 3730(b). The penalties for FCA violations are astronomical – with penalties up to…
Restrictive covenants in Indiana have long been a topic of litigation and debate for health care providers, private practices, and health systems. Historically, and before there were statutory restrictions for physician non-competes, there is a long line of cases that have required physician…
Effective July 31, 2024, health care providers will be subject to “disincentives” for committing information blocking. As codified under the 21st Century Cures Act, information blocking is when an “actor” (e.g. health care provider) interferes with the access, exchange, or use of electronic health…
The beginning of July always brings fireworks, cookouts, patriotic festivities, and a laundry list of new laws with a July 1 effective date. This year is no different, as several new laws applicable to health care providers were enacted by the Indiana General Assembly during the 2024 legislative…
Covered Entities as defined in the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), including health care providers and health plans, must have HIPAA policies and procedures in place to protect the privacy and security of patients’ protected health…
Just over a year after the rule was first proposed, and after receiving over 400 comments, the Centers for Medicare and Medicaid Services (“CMS”) finalized its managed care access, finance, and quality rule (“Final Rule”). While the rule covers a wide range of managed care topics in its 895 pages,1…
On April 26, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (“HHS-OCR”) published a final rule (the “Rule”), which amends the HIPAA Privacy Rule to afford greater reproductive health care privacy protection. Highlights of the new Rule that will have a practical…
On May 6, 2024, the Department of Health and Human Services (HHS) adopted a final rule that extends existing anti-discrimination rules for healthcare providers participating in federal healthcare programs. The new rule specifically adds protections for LGBTQI+ individuals, including those based on…
On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all employee non-compete agreements nationwide in approximately 120 days. The FTC initially issued its proposed rule in January 2023. The FTC thereafter received and considered over 26,000 comments to…
On March 13, 2024, Governor Eric Holcomb signed Senate Enrolled Act 9 (“SEA 9”) into law, requiring advance reporting for certain mergers and acquisitions involving Indiana health care entities. Indiana joins a number of other states with similar reporting requirements, although the drafting of SEA…
How much is too much when it comes to damages awards for False Claims Act violations? A district court judge in Minnesota weighed in recently in United States of America ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc. et al., No. 13-cv-3003 (D. Minn.), holding that the jury’s $487 million verdict…
On November 17, 2023, the Centers for Medicare & Medicaid Services ("CMS") issued a Final Rule implementing certain requirements in the Affordable Care Act regarding the disclosure of ownership, managerial and other information for Medicare and Medicaid participating nursing facilities. The Final…
