Showing 58 posts by Mindi M. Johnson.
US Supreme Court Receives Health Reform Challenge
In the race to the top, the 6th Circuit decision upholding the constitutionality of the Patient Protection and Affordable Care Act ("PPACA") is the first to come before the United States Supreme Court. In response to the 6th Circuit's adverse ruling against it (discussed here), the Thomas More Law Center, et. al., recently petitioned the Supreme Court for review.
The Petition specifically presents two questions for consideration by the Supreme Court: Read More ›
Categories: Health Care Reform, Insurance
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US Supreme Court Protects the Free Speech of Pharmaceutical Detailers
The US Supreme Court recently delivered a victory to data miners and pharmaceutical manufacturers in a June 23, 2011 decision, which held that a Vermont statute was an unconstitutional restriction of free speech rights. In William Sorrell v IMS Health, Inc., 564 US --- (2011), the Court reviewed a Vermont statute that prohibited the use of prescriber-identifiable information (details of a physician's prescription practices) for marketing or promoting a prescription drug. The statute was intended to target the practice of "detailing" a pharmaceutical representative's use of a particular physician's prescribing history to tailor a sales pitch to that physician in an effort to persuade him or her to prescribe certain (high profit or brand name) drugs. Because various Circuit Courts of Appeal had reached opposite conclusions on the constitutionality of similar statutes, the United States Supreme Court agreed to hear the case. Read More ›
Categories: Physicians
First Appellate Holding: PPACA is Constitutional
On June 29, 2011, the 6th Circuit Court of Appeals issued the first appellate decision with regard to the constitutionality of the Patient Protection and Affordable Care Act ("PPACA"). In a split decision (2-1), the court upheld the minimum coverage provision of PPACA (also know as the 'individual mandate') as constitutional. The individual mandate essentially fines non-exempt persons for not securing minimum essential health insurance coverage. The court noted that this provision was effectively a regulation on the practice of self-insuring (an individual's actions in arranging his or her own financial affairs to compensate for future health care needs). Read More ›
Categories: Health Care Reform, Insurance
The Government is paying HOW much?
The Medicare Data Access for Transparency and Accountability Act ("DATA Act") was introduced in the United States Senate on April 7, 2011. The DATA Act seeks to make public the Department of Health and Human Services' claims and payment data, which would include data on payments made to medical providers pursuant to the Social Security Act (i.e., Medicare). Specifically, the data made available to the public would include the following: Read More ›
Categories: Billing/Payment, Medicare/Medicaid
Doctors Soon Will Be Allowed to Say "I'm Sorry"
The Michigan House of Representatives and Senate have both recently approved versions of what's been termed the "I'm Sorry Bill." The Bill provides that certain statements expressing sympathy, compassion, commiseration, or a general sense of benevolence relating to pain, suffering, or death of an individual are inadmissible as evidence of an admission of liability in a medical malpractice action. However, statements of fault, negligence or culpable conduct would remain admissible. Read More ›
Categories: Hospitals
Nursing Home Update - 50% Reduction in Civil Money Penalties
The Centers for Medicare and Medicaid Service's (CMS) recently published Final Rule related to Civil Money Penalties for Nursing Homes implements provisions of the Patient Protection and Affordable Care Act related to the nursing home enforcement process. Read More ›
Categories: Compliance, Regulatory
New Long Term Care Regulations Impose Requirements for Provider Contracts
The Centers for Medicare & Medicaid Services ("CMS") has recently proposed the much anticipated Long Term Care regulations related to Hospice Services. These proposed rules mirror the hospice regulations that went into effect on December 2, 2008, and establish requirements that facilities must meet in order to qualify to participate in the Medicare and Medicaid programs. Specifically, the proposed rules obligate Long Term Care facilities to (1) enter into an agreement with a Medicare-certified hospice to arrange for the provision of hospice services to residents, or (2) assist in transferring residents to a facility that will arrange for the provision of hospice services when requested by the residents. If an arrangement between a Long Term Care facility and Hospice is established, CMS has also strictly regulated the content of the agreements between the two. Traditionally, the content of such agreements receives significant attention and scrutiny from surveyors.
If you would like assistance in drafting new agreements or reviewing your current contracts to ensure compliance with the proposed rules, please contact one of the experts in Foster Swift's Health Care Practice Group.
Categories: Compliance, Regulatory
New Blue Cross Class Action Lawsuit Implicates Hospitals
On January 21, 2011, the City of Pontiac filed a class action lawsuit against Blue Cross Blue Shield of Michigan ("Blue Cross") and 21 hospitals and health systems (collectively, the "Hospital Defendants"). The complaint alleged that Blue Cross unlawfully restrained trade in violation of the Sherman Act and Michigan Antitrust Reform Act by including 'most favored nation' ("MFN") clauses in its contracts with hospitals. (The effect of these clauses was to allegedly raise the minimum prices that hospitals could charge to Blue Cross' competitors.) Read More ›
Categories: Billing/Payment, Hospitals
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.