Supreme Court Upholds Applicability of Federal Arbitration Act to Predispute Nursing Home Arbitration Agreements

The use of arbitration clauses in nursing home admission agreements is a growing trend.  In some states, however, there is bias against the enforcement of such clauses, particularly those adopted prior to the occurrence of the events that give rise to the dispute.  Some state courts have gone so far as to hold that predispute […]

Federal Qui Tam Complaint Charges LabCorp with Improperly Billing the Medicare System Billions

A federal judge in New York’s Southern District Court recently unsealed a federal qui tam complaint alleging that Laboratory Corporation of America violated the federal False Claims Act by providing kickbacks to UnitedHealthcare in the form of highly reduced prices on tests.  More specifically, the suit claims prices on tests were a third to half […]

D.C. Circuit Upholds Individual Mandate Provision in PPACA

Today, in a 2-1 split decision, the United States Court of Appeals for the District of Columbia upheld the constitutionality of the individual health care mandate in the Patient Protection in Affordable Care Act. Writing for the majority, Judge Laurence H. Silberman rejected the opponents’ argument that the law exceeded the powers of Congress under the Commerce […]

Healthcare Association of New York State Wins Important Victory: Federal Court Permanently Enjoins New York from Implementing or Enforcing “Union Neutrality Law”

On September 7, 2011, following several years of litigation in the federal district court and the Second Circuit Court of Appeals, and a related case from California that was heard in the U.S. Supreme Court, the Hon. Neal P. McCurn, a Senior United States District Judge in Albany, New York, declared that New York Labor […]

New York State Settles Federal Lawsuit Challenging Placement of Mentally Ill Patients in Nursing Homes

On September 6, 2011, New York State entered into a settlement with Disability Advocates, Inc. in resolution of the federal lawsuit, Joseph S. et al. v. Hogan, which challenged the placement of mentally ill patients in nursing homes.

Fourth Circuit Holds Virginia Lacks Standing to Challenge Individual Mandate

Today, in a unanimous decision authored by Judge Diana Gribbon Motz, the United States Court of Appeals for the Fourth Circuit ruled that the Commonwealth of Virginia has no standing to challenge the constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act (PPACA).  Unfortunately for those keeping a running tally, the […]

Federal Appellate Courts Now Split over PPACA’s Individual Mandate

Late Friday afternoon the Eleventh Circuit Court of Appeals ruled that PPACA’s “individual mandate” – requiring virtually every American to purchase health insurance by 2014 – is unconstitutional.  In a 2-1 opinion exceeding 300-pages in length, the majority reasoned that upholding the controversial mandate would grant Congress powers beyond those intended by the Constitution. The […]

Petition Filed with U.S. Supreme Court to Challenge PPACA’s Individual Mandate

A group of Michigan citizens, along with a public interest law firm, that last year filed the first federal action challenging the constitutionality of PPACA’s individual mandate are now trying to become the first to obtain the right to argue their case before the United States Supreme Court following a federal appellate court decision.

U.S. Sixth Circuit Upholds Affordable Care Act

On Wednesday, June 29, 2011, the United States Court of Appeals for the Sixth Circuit in Cincinnati upheld the lower U.S. District Court’s ruling that the Affordable Care Act’s requirement that all Americans purchase health insurance (known as the “individual insurance mandate”) is constitutional and does not violate the extent of Congress’ authority to regulate […]

HIPAA-Based Criminal Indictment for Communicating with Patient’s Employer

A Virginia physician has become the first person criminally indicted under the Health Insurance Portability and Accountability Act (HIPAA) for communicating with a former patient’s employer. According to the United States Attorney for the Eastern District of Virginia, Dr. Richard Kaye, the former Medical Director of the Psychiatric Care Center at Sentara Obici Hospital in Suffolk, Virginia, […]