More than a year has passed since U.S. Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to utilize the resources of the U.S. Department of Justice (DOJ) and partner with various governmental agencies to combat COVID-19-related fraud. Since that time, the DOJ has touted its enforcement efforts in both the civil
As we reported back in July on this blog, the U.S. Supreme Court earlier this year held that the federal government improperly lowered drug reimbursement payments to certain 340B hospitals that serve low-income communities. Following that decision, the case was remanded back to the lower courts for further proceedings consistent with the Court’s ruling.
On
For nearly 40 years, federal courts have routinely upheld agency action under the principle of judicial deference established in the seminal case of Chevron U.S.A. v. Natural Resources Defense Council, Inc., which requires courts to uphold an agency’s interpretation of the statute it administers if the statutory language is ambiguous, and the agency’s interpretation
Noncompete agreements and restrictive covenants have increasingly become the subject of scrutiny, and within the healthcare sector the use of these agreements remains both highly controversial and highly litigated. Greenbaum attorneys Jessica M. Carroll and John Zen Jackson analyze these issues, including related activity on the legislative front and the potential impact of federal antitrust
On the heels of the Dobbs decision overruling Roe v. Wade, President Joe Biden directed the Secretary of Health and Human Services (HHS) to provide guidance under the Health Insurance Portability and Accountability Act (HIPAA) and other statutes to protect reproductive rights and abortion access by strengthening “the protection of sensitive information related to reproductive
Many believe that the future of technology is artificial intelligence (AI). Everywhere we look, we see examples of AI seeping into various aspects of our lives. The complex algorithms that operate the facial recognition on our cell phones, the smart home devices that learn our preferences, the social media platforms that personalize our content, or
The U.S. Departments of Health and Human Services, Labor, and the Treasury have issued final rules under the No Surprises Act, largely addressing the Independent Dispute Resolution process and downcoding.
As we previously reported, the U.S. District Court for the Eastern District of Texas issued a ruling that certain Centers for Medicare & Medicaid
In response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the resulting laws enacted in several states to prohibit abortions, New Jersey has passed new laws designed to protect individuals who visit New Jersey seeking reproductive healthcare services, in addition to the medical providers who provide them with care
As we reported recently in a Client Alert, the Supreme Court of New Jersey’s recent decision in Rivera v. The Valley Hospital, Inc. aligned with prior case law in confirming that punitive damages in medical malpractice actions are only available in “exceptional cases.” Although the Rivera decision does not immunize medical defendants from claims
On August 12, 2022, the U.S. District Court for the District of Minnesota entered an order in favor of Travelers Casualty and Surety Company of America, dismissing the complaint filed by SJ Computers, LLC, a Minnesota-based computer store. The case should serve as a cautionary tale to businesses across the country, underscoring the critical need