Legal Updates

U.S. Supreme Court Tosses Ruling Against Merck on Fosamax Osteoporosis Drug

Andrew Chung | May 22, 2019

WASHINGTON (Reuters)—On May 20, the U.S. Supreme Court threw out a lower court ruling that had revived hundreds of lawsuits accusing Merck & Co. of failing to properly warn patients of debilitating thigh-bone fractures as a result of taking its osteoporosis drug alendronic acid (Fosamax). The nine justices unanimously directed the Philadelphia-based 3rd U.S. Circuit…

Employment Agreement Considerations for a New Practitioner

Steven M. Harris, Esq. | May 17, 2019

You are a new practitioner, ready to begin your first job, one for which you’ve been preparing for years. Your prospective employer gives you an agreement that outlines your compensation, scope of work, requirements and benefits. You are eager to start your new assignment, and you want to sign this document quickly to make your…

Ethics Forum: Patient Safety at Home—What Are Our Legal & Ethical Responsibilities?

Sarah F. Keller, MD, & Marcy B. Bolster, MD | April 15, 2019

A 60-year-old woman with a six-month history of retroperitoneal fibrosis transfers her care to you. She initially presented with severe bilateral flank pain radiating to the abdomen and chest. A computerized tomography (CT) angiogram of the abdomen demonstrated an infrarenal abdominal aortic aneurysm surrounded by a thick inflammatory rind entangling the left renal vein and…

Kentucky Launches Probe into Drug Overcharges by Pharmacy Benefit Managers

Reuters Staff | March 25, 2019

(Reuters)—Kentucky Attorney General Andy Beshear said on Thursday he had launched an investigation into allegations that pharmacy benefit managers (PBMs) had overcharged state health insurance programs for drugs and discriminated against independent pharmacies. The investigation comes against the backdrop of widespread criticism of rising costs of prescription medicines in the United States, with PBMs, middlemen…

Ohio Accuses UnitedHealth’s OptumRx of Drug Overcharges

Nate Raymond | March 23, 2019

(Reuters)—Ohio’s attorney general on Monday said he had filed a lawsuit against UnitedHealth Group Inc’s OptumRx unit, saying the pharmacy benefit manager had overcharged the state nearly $16 million for prescription drugs. Ohio Attorney General Dave Yost’s lawsuit followed a probe into the extent pharmacy benefit managers (PBMs) like OptumRx had engaged in pricing practices…

U.S. Judge Throws Out Maryland Bid to Protect Obamacare

Lawrence Hurley | February 5, 2019

WASHINGTON (Reuters)—On Feb. 1, a U.S. judge threw out the state of Maryland’s bid to protect the healthcare law, known as Obamacare, in a ruling that also sidestepped a decision on whether President Donald Trump’s appointment of Matthew Whitaker as acting attorney general was lawful. In a win for the Republican president, Baltimore-based U.S. District…

The Eliminating Kickbacks in Recovery Act of 2018—What Does It Mean?

Steven M. Harris, Esq. | January 17, 2019

It should not be a surprise to anyone that the U.S. is facing a national opioid crisis. It may be a surprise, however, that the federal government recently passed a law to address this crisis—a law that may have a profound impact on many healthcare facilities, some of which are not involved in the substance…

Ethics Forum: When & How to Intervene with the Impaired Colleague

Jill Johnson, MD | October 18, 2018

You are seeing a hospital consult late in the afternoon on a Saturday. The patient has suspected, new-onset lupus with inflammatory arthritis, renal failure with nephrotic range proteinuria and a malar rash. You plan to start the patient on high-dose IV steroids, and you decide to speak to the nephrologist on call first. When he…

Is Concierge Medicine Right for Your Practice?

Steven M. Harris, Esq. | September 20, 2018

It is no surprise to practicing physicians that the healthcare landscape is becoming more and more unpredictable. Because of the volatility surrounding today’s healthcare environment, such as increasing overhead costs and decreasing reimbursement rates, many physicians are asking themselves whether there is a different, more lucrative way to practice medicine. Concierge medicine may just be…

Compliance Means More than Just Paperwork

Anita Henderson-Sumpter, MHA, MBA, CHC, CPC | September 20, 2018

Effective management of healthcare compliance requires an office compliance plan that stays current with changing government regulations, payer requirements, office operations and technology. Many still wonder, why is a compliance program needed—if something isn’t broken, don’t fix it, right? This is not always the case; compliance is an essential part of practice operations, but providing…