Federal Decision Shows Inability to Rely upon CMS Approval

A recent decision by the U.S. District Court for the Middle District of Tennessee has significant implications on provider arrangements structured in reliance on the knowledge and approval of the Centers for Medicare and Medicaid Services (CMS). In U.S. ex rel. Williams v. Renal Care Group, the court analyzed the corporate structure between RCG Supply Company […]

Arkansas Federal Court Determines that Arbitration Agreement Is Not Prohibited “Other Consideration” under Medicaid Regulations

Medicaid law forbids nursing facilities from requiring “any gift, money, donation, or other consideration” as a precondition of admission to that facility.  See 42 U.S.C. § 1396r(c)(5)(A)(iii); 42 C.F.R. § 483.12(d)(3).  On May 10, 2011, the United States District Court for the Western District of Arkansas ruled that an arbitration agreement as a precondition of […]

GlaxoSmithKline In-House Attorney Acquitted of Obstruction of Justice Charges; Judge Criticizes Application of Crime Fraud Exception to Privileged Documents

In November 2010, a former in-house counsel for the pharmaceutical company GlaxoSmithKline, Lauren Stevens, was indicted on charges of making false statements and obstructing a federal investigation into illegal drug marketing with regard to the antidepressant Wellbutrin.  The federal investigation surrounded allegations that GlaxoSmithKline had illegally marketed Wellbutrin for weight-loss, a use for which had […]

Can you really patent a human gene? U.S. Appeals Court will soon decide

On Monday, the United States Federal Circuit Court of Appeals heard oral argument in Association of Molecular Pathology v. U.S. Patent and Trademark Office.  The court’s decision, expected in the coming months, could affect the validity of thousands of existing gene patents. Under the U.S. Patent Act, “[w]hoever invents or discovers any new and useful […]