Media Mentions
2008
Arnold Friede was quoted in the November 17 issue of Rx Compliance Report in an article regarding Pfzier's $60 million settlement with state AG's to resolve allegations concerning the illegal marketing of Bextra and Celebrex. "The Pfizer settlement appears to represent an unprecedented incursion by the State AGs into FDA's domain," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - FDA
Arnold Friede was quoted in the November 17 issue of The Pink Sheet in an article regarding FDA having to deal with regulation of new media and will face pressure from the industry to regulate the space, as firms view podcasts and the Internet as an increasingly coveted promotional area. "FDA is taking the same position on Internet communications it's been taking on print communication…even though there is no guidance," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - FDA
Arnold Friede was quoted in the November 10 issue of The Pink Sheet in an article regarding the interplay between preemption, on the one hand, and, on the other, FDA's new authorities to mandate Risk Evaluation and Mitigation Strategies, post-approval studies, and labeling changes. "If the test for pre-emption in the Levine case is whether FDA made an explicit determination about the risk in question, companies are going to want to make sure there is a robust dialog with FDA on possible warning points," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - FDA
Arnold Friede, Robert Nicholas and Paul Radensky’s article "FDA and Drug Advertising: No Attention Deficit On Nooed For 'Substantial Evidence'" appeared in the November 7 issue of the Washington Legal Foundations' Legal Backgrounder.
Arnold I. Friede, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Michael Peregrine was quoted in the November 3 issue of Modern Healthcare in an article regarding a case in the Virgin Islands where a board chair for a public hospital was arrested and charged for an alleged role in what prosecutors describe as a "criminal enterprise" among the top three executives. Hospital trustees on the mainland may wonder what it says, if anything, about their own risk of becoming targets when things go horribly wrong under their watch. "We are entering into an environment of recrimination, and there will absolutely be spillover in the nonprofit world against boards for what I call preventable harm,'' Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Nonprofit Organizations, Tax Exemption
Heidi Echols was quoted in the November 3 issue of AMNews in an article regarding the AMA and other groups winning a six-month reprieve for doctors to implement a prevention program originally mandated for November 1. "HIPAA covers how an entity uses and discloses protected health information to avoid unauthorized breaches," Ms. Echols said.
Heidi Y. Echols, Electronic Data Management, Privacy & Discovery, Health, HIPAA Privacy Solutions, Privacy and Identity Theft Issues
Russell Hayman was quoted in the November 1 issue of Healthcare Risk Management in an article regarding Staten Island University Hospital agreeing to pay $89 million in a False Claims Act settlement. "The SIUH case involved essentially three allegations," he said. "The lawsuits asserted that the hospital provided care in unlicensed beds, miscoded uncovered cancer therapies as covered therapies in order to obtain payment, and claimed an inflated number of medical residents in order to obtain graduate medical education expenses," Mr. Hayman said.
Russell Hayman, Health, Trial, White-Collar Criminal Defense
Arnold Friede was quoted in the October 30 issue of Health Law360 in an article regarding the Supreme Court's hearing of two separate cases within the next two months that will center on whether federal law preempts state-law claims. "It seems to me that there may be a window in which the court will except the notion of preemption and say it exists when the FDA's engagement with the matter has been substantial and direct," Mr. Friede added.
Arnold I. Friede, Health, Life Sciences & Medical Devices, Life Sciences - Health
Heidi Echols was quoted in the October 27 issue of Modern Healthcare in an article regarding Healthcare providers having another six months to adopt programs that comply with the Federal Trade Commission's "red flags" rule. "Hospitals should start by reviewing their privacy policies already in place under the Health Insurance Portability and Accountability Act of 1996, as well as those existing but unwritten procedures-then fill in the gaps. The process may be simpler than many fear, but it takes time and requires board approval, so the extra six months to get it done is very welcome," Ms. Echols said.
Heidi Y. Echols, Health, Privacy and Identity Theft Issues
Heidi Y. Echols was quoted in the October 27 issue of AmedNews in the article, "Caught Unaware, Doctors Get Delay in FTC Enforcement of ID Theft Rules," regarding the delay in enforcement of the FTC's identify theft "red flag" rules. Ms Echols said the red flag rules go even further than HIPAA: "HIPAA covers how an entity uses and discloses protected health information" to avoid unauthorized breaches, but the red flag rules add another layer of protection by requiring doctors to respond to evidence of medical identity theft even when it is presented to a physician's office after a patient's information has been stolen from elsewhere. "It is something designed to protect patients," Ms. Echols said.
Heidi Y. Echols, Health, Health - Information Systems
Heidi Echols was quoted in the October 27 issue of Modern Healthcare in an article regarding healthcare providers having another six months to adopt programs that comply with the Federal Trade Commission's vaguely understood call for identity-theft prevention and detection, known as the "red flags" rule. "The process may be simpler than many fear, but it takes time and requires board approval, so the extra six months to get it done is very welcome. There was a little bit of panic in the industry. It snuck up on people," Ms. Echols said.
Heidi Y. Echols, Health, Privacy and Identity Theft Issues
Michael Peregrine was quoted in the October 20 issue of Modern Healthcare in an article regarding Senator Chuck Grassley's intention to introduce new legislation in January that will attempt to define exact standards for tax exemption of not-for-profit hospitals, including community benefit. "The GAO report doesn't include any findings definitive enough to justify creating federal legislation mandating how not-for-profit hospitals report their community benefit-especially if that could lead to quotas. It doesn't provide the smoking gun that opponents of tax exemptions were looking for,'' Mr. Peregrine said.
Michael W. Peregrine, Health, Nonprofit Organizations, Tax Exemption
Michael Peregrine was quoted in the October 20 issue of Modern Healthcare regarding a Government Accountability Office (GAO) report that says the nation's approximately 2,900 nonprofit, non-government hospitals have made it all but impossible to uniformly measure community benefits across the country. Mr. Peregrine said the GAO report doesn't include any findings definitive enough to justify creating federal legislation mandating how not-for-profit hospitals report their community benefit, especially if that could lead to quotas.
Michael W. Peregrine, Health, Nonprofit Organizations
McDermott's On the Subject "FDA Challenges Implied Outcomes Claims For Several ADHD Products: An Analysis" was featured in the October 17 issue of Health Lawyers Weekly.
Arnold I. Friede, Jason A. Lief, Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Arnold Friede was quoted in the October 16 issue of RxCompliance in an article regarding the Eli Lilly settlement to resolve allegations surrounding the alleged improper marketing on the antipsychotic drug Zyprexa. "As in the Merck settlement of the Vioxx matter with the State AGs, the Lilly settlement on Zyprexa is further evidence that the State AGs have insinuated themselves as the new cop on beat in implementing and enforcing requirements that have historically been in FDA's bailiwick," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Arnold Friede was quoted in the October 13 issue of Medical Marketing & Media in an article regarding the Eli Lilly & Co. settlement agreement that includes provisions governing promotional activities, dissemination of medical information, CME grants, payments to consultants and speakers, sampling and clinical research, and stipulates areas and activities which are off limits to sales and marketing teams. "It's further evidence that state AGs are stepping into the shoes evacuated by FDA. Until FDA really starts aggressively policing the market to their satisfaction, they are going to do it," Mr. Friede said.
Arnold I. Friede, Health, Intellectual Property, Media & Technology, Life Sciences - FDA, Life Sciences - Health
Arnold Friede was quoted in the October 13 issue of the Pink Sheet in an article regarding record high advertising citations for the FDA's Division of Drug Marketing, Advertising and Communications. "That means that firms cannot describe characteristics of a disease without specific endpoints for those elements," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
McDermott's On the Subject "FDA Confirms Its View on Generic Drug Label Carve-Outs" was featured on October 9 in Health Law360.
Arnold I. Friede, Jason A. Lief, Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Michael Peregrine was quoted in the October 7 issue of The Chronicle of Philanthropy in an article regarding the growing questions about the recent actions and responsibilities of boards of deeply troubled U.S. banks and companies that will eventually also be felt by nonprofit organizations. "A spillover to charities from some of the events going on in Wall Street and Washington is probable. Boards of tax-exempt organizations are beginning to brace themselves for the spillover: this climate of responsibility and possibly recrimination," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Markets Restructuring, Tax Exemption
Jerry Sokol was quoted in the October 7 issue of Florida Medical Business in an article regarding the thriving business of ambulatory surgery centers. "The hottest thing going right now is that a lot of ASCs will start up physician-owned, and once they ramp up their earnings, they sell a piece to the national company," Mr. Sokol said.
Jerry J. Sokol, Ambulatory Surgery Centers (ASC), Health
Arnold Friede was mentioned in the October 6 issue of the Pink Sheet in an article regarding the McDermott White Paper entitled "FDA Challenges Implied Outcomes Claims for Several ADHD Products: An Analysis." "Beyond extending FDA's enforcement reach into new media, the ADHD letters may be establishing a new enforcement standard across all types of communication," Mr. Friede said.
Arnold I. Friede, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Arnold Friede was quoted in the October 3 issue of Health Law360 in an article regarding preemption. "I think it's unlikely that the Supreme Court will just broadly say that anytime a product is regulated by the PDS, that regulation preempts state claims. The regimes have coexisted for so long," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
McDermott Will & Emery's White Paper entitled "FDA Challenges Implied Outcomes Claims for Several ADHD Products: An Analysis" was featured in the Guest Column on October 3 in Health Law360.
Arnold I. Friede, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
McDermott was mentioned in the October 2 issue of FDA's Webview in an article regarding the Firm's On the Subject discussing the letters issued by the U.S. Food and Drug Administration's (FDA) Division of Drug Marketing, Advertising, and Communications alleging that promotional material for certain products intended for use in treating attention deficit hyperactivity disorder (ADHD) made implied claims about an effect on ADHD "outcomes" that were not supported by "substantial evidence." FDA Webview notes, "Attorneys at McDermott...say FDA's Warning Letters and notices of violation to several manufacturers of ADHD drugs mean that drug companies wanting to avoid a challenge from CDER's Division of Drug Marketing, Advertising, and Communications (DDMAC) should review ad and promotional materials in all therapeutic categories to determine whether they make implied outcomes claims of the kind alleged by DDMAC in the ADHD letters."
Arnold I. Friede, Robert B. Nicholas, Paul W. Radensky M.D., Conflicts of Interest - Health, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Arnold Friede, Jason Lief and Robert Nicholas were mentioned in the September 2008 issue of Innsight Industry Newsletter in an article discussing the FDA's view on generic drug-label carve outs.
Arnold I. Friede, Jason A. Lief, Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - Health
Arnold Friede was quoted in the September 22 issue of FDA Webview in an article regarding the Accreditation Council for Continuing Medical Education's (ACCME) proposal to fundamentally change the way continuing medical education is provided and funded. "The issue is analogous to questions raised about a federal agency's underlying legal authority to promulgate a particular regulation," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
Eric Hargan was featured in the September 22 issue of Chicago Business News in an article regarding performing due diligence for businesses abroad after a deal falls apart because a buyer in Indonesia concludes the asset doesn't exist. "That's rare in the U.S.," Mr. Hargan said.
Eric D. Hargan, Health, Mergers & Acquisitions
Arnold Friede was quoted in the September 19 issue of Health Law360 in an article regarding the FDA's changes to drug labeling rules and that it could take up to 18 months for the agency to come down with a final rule. "It typically takes six to 18 months, but I think that in this case we're talking longer rather than shorter, especially if they adopt a different approach than is proposed," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
Michael Peregrine was mentioned in the September 18 issue of The Earth Times and PR Newswire in an article regarding The University HealthSystem Consortium (UHC) recognizing five of its full academic medical center (AMC) members with the UHC 2008 Quality Leadership Award. Mr. Peregrine will present at the 8th Annual UHC Quality and Safety Fall Forum meeting in Arizona and will discuss staying focused and delivering results from the points of view of AMC board members, clinical and operational leaders, regulatorys, and direct patient care providers.
Michael W. Peregrine, Academic Medical Centers, Corporate Responsibility, Health
Ralph DeJong was quoted in the September 17 issue of BNA's Daily Tax Report in an article regarding the forthcoming guidance on tax code Section 457(f). "There are numerous opportunities under other available methods that are less onerous than 457(f) for executives of tax-exempt organizations to make elective deferrals of compensation that can be vested without running into some of the problems associated with Section 457(f)," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Bernadette Broccolo was quoted in the September 8 issue of The National Law Journal regarding McDermott's relationship with the medical device trade group, Advanced Medical Technology Association (AdvaMed). "The seminars are technically AdvaMed's, but the relationship gives the firm exposure to the hundreds of device companies, large, medium and small, that are members of AdvaMed," said Ms. Broccolo.
Bernadette M. Broccolo, Health, Life Sciences & Medical Devices, Life Sciences - Health
Jerome Tichner was pictured in the September 5-11 issue of the Boston Business Journal regarding his involvement in raising nearly $300,000 in this year's Associates Drive to benefit Greater Boston Legal Services' Family Law Unit.
Arnold Friede was quoted in the September 1 issue of The Pink Sheet in an article regarding a judge's decision to order PTC Therapeutics to provide an experimental drug for a teenage boy with Duchenne Muscular Dystrophy which highlights the need for caution in communications with patients and their families, particularly in cases of life-threatening disease. "Communications need to be carefully controlled so expectations are mutually understood and agreed in writing," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
Michael W. Peregrine was quoted in the August 29 issue of BNA's Health Care Daily Report in an article regarding the U.S. Department of Justice's revisions to its corporate charging guidelines, which will have particular relevance for health care organizations being investigated by federal prosecutors. While the new privilege policy is significant, Mr. Peregrine said health care organizations should pay special attention to the discussion in the guidance on the role of effective corporate compliance programs in prosecutors' decisions to prosecute health care-related cases. Mr. Peregrine also said that changes announced by DOJ are "excellent reminders that the attorney-client privilege, when properly applied, remains a valuable concept."
Michael W. Peregrine, Corporate Responsibility, Health, Health Care Litigation, Trial
Arnold Friede was quoted in the August 27 issue of FDA Webview in an article regarding the unique case of a New Jersey federal judge ordering PTC Therapeutics to provide one of its experimental drugs to a 16-year-old patient with duchenne muscular dystrophy. "The ruling is an important decision despite its unique circumstances. It contrasts with at least two cases in the past few years in which courts have rejected arguments advanced by patients in clinical studies that the companies had made an enforceable promise to continue the trial," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - FDA, Life Sciences - Health
Michael Peregrine was quoted in the August 25 issue of Modern Healthcare in an article regarding the final revisions to the IRS' Form 990 for not-for-profit hospitals and other tax-exempt organizations. "Boards face more explicit questions on conflicts-of-interest, director and trustee independence, and board review of public reporting," said Mr. Peregrine.
Michael W. Peregrine, Health, Tax Exemption
Jason Lief, Arnold Friede and Robert Nicholas were mentioned in the August 22 issue of FDA'sWebview in an article regarding their recent On the Subject discussing the FDA' Camptosar® decision.
Arnold I. Friede, Jason A. Lief, Robert B. Nicholas, Health, Life Sciences - Health
Kate Feola was quoted in the August 21 issue of Rx Compliance Report in an article discussing the new disclosure law enacted in Massachusetts that requires drug and device companies to report any gifts to doctors of more than $50. "Vermont is the only state that has taken steps to enforce its marketing disclosure statute, to date," Ms. Feola said.
Kate W. Feola, Health, Life Sciences - Health
Elizabeth Hack was quoted in the August 21 issue of Rx Compliance Report in an article discussing the new disclosure law enacted in Massachusetts that requires drug and device companies to report any gifts to doctors of more than $50. "The new Massachusetts law requires drug and device companies to adopt and comply with the Department's marketing code of conduct," Ms. Hack said.
Elizabeth I. Hack, Health, Life Sciences - Health
Michael Peregrine was quoted in the August 20 issue of Tax Analysts in article discussing the final instructions for the redesigned Form 990. "It will require tax-exempt organizations to confront potentially sensitive issues relating to board structure, conflicts management, and disclosure of compensation, as well as business and financial relationships between board members," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Michael Peregrine was quoted in the August 20 issue of BNA's Health Care Daily in an article discussing the final instructions for the redesigned Form 990. "The final instructions to the Form 990 are indeed a significant tax planning document because they underscore, in bold type, the significance attributed by the IRS to effective governance of tax exempt organization," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Michael Peregrine was quoted in the August 19 issue of The Chronicle of Philanthropy in an article discussing the final instructions for the redesigned Form 990. "These instructions are an exclamation point to the broad IRS discourse on the importance of corporate governance that has been Steve Miller's mantra for the last 24 months," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Michael Peregrine was quoted in the August 6 issue of Tax Analysts in an article regarding revisions to the draft instructions to the redesigned Form 990 in response to public comments. "At least from a governance perspective, the IRS took seriously the comments it received on the draft instructions. Exempt organizations might want to review the final instructions closely for their implications on corporate governance, which are likely to be significant," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Ned Milenkovich was quoted in the August 4 issue of American Medical News in an article regarding the new Medicare payment bill stating that doctors who prescribe electronically for Medicare Part D patients in 2009 will get an incentive payment equal to 2 percent of all the Medicare services they provide for the year. "Physicians are going to need to determine if the positive benefits associated with going electronic outweigh the economic downsides that go along with taking on the new technology," Mr. Milenkovich said.
Ned Milenkovich PharmD, Health, Life Sciences - Health
Michael W. Peregrine was featured in the August 1 issue of Corporate Counsel in an article regarding a nine-step process by which nonprofit board and executive leadership can work together to enhance the profile of a nonprofit General Counsel.
Michael W. Peregrine, Health, Tax Exemption
David Ivill was quoted in the July 31 issue of The National Law Journal in an article regarding the client conflict of interest that made him leave McDermott in 2006 but later returned to the Firm in 2007.
McDermott Will & Emery was mentioned in the July 2008 issue of DTC Insights – DTC Forecast in an article summarizing McDermott's recent White Paper on Merck settling the Vioxx Litigation with State Attorneys General.
Arnold I. Friede, Elizabeth I. Hack, Robert B. Nicholas, Paul W. Radensky M.D., T. Reed Stephens, Health, Health Care Litigation, Life Sciences - Health
Christopher M. Jedrey was selected for Nightingales Healthcare News' 2008 list of "Outstanding Hospital Lawyers," which appears in the July/August 2008 issue.
Christopher M. Jedrey, Academic Medical Centers, Health, Hospital and Health System Transactions
Arnold I. Friede was mentioned in the July 21 issue of The Pink Sheet in an article regarding the increased influence the Accreditation Council for Continuing Medical Education (ACCME) will have under PhRMA's revisions to its code on interactions with health care professionals. "Most of the companies are even ahead of where the code is and have been moving very aggressively over the last many years," Mr. Friede said. "Under the PhRMA code the companies may not suggest content; under ACCME proposals, companies would be foreclosed from even suggesting topics."
Arnold I. Friede, Health, Life Sciences & Medical Devices, Life Sciences - Health
Sheila D. Walcoff was mentioned in the July 18 issue of the Sarasota Herald-Tribune regarding her recent move as partner in the Health Law Department of McDermott's Washington, D.C. office.
Daniel H. Melvin was quoted in the July 7 issue of Modern Healthcare in an article regarding CMS' newly proposed rules for gain-sharing and other pay-for-performance initiatives that could be a significant step toward loosening financial-arrangement restrictions that many believe prevent doctors and hospitals from aligning on quality-improvement and cost-savings efforts. "The OIG has never wavered from its opinion that gain-sharing violates the law, but in cases where hospitals have sought its opinion (about implementing gain-sharing) the OIG has said it wouldn't prosecute. But, I do think that hospitals will seek to develop programs now that a government agency is looking favorably on gain-sharing,'' Mr. Melvin said.
Daniel H. Melvin, Health, Reimbursement/Fraud & Abuse
Michael W. Peregrine was quoted in the July 1 issue of The Wall Street Journal in an article regarding the dismissal of appeals against ex-New York Stock Exchange Chairman Richard Grasso to return a portion of his $187.5 million compensation package. "It's an incomplete decision from a nonprofit perspective. We're not going to have real closure on the merits. Having closure on merits would have provided some guidance to volunteer directors," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
John M. Callahan was mentioned in a press release published by Business Wire regarding McDermott's legal counsel to EyeCyte, Inc. in the company's Series A funding through an agreement with Pfizer. Under the terms of the deal, Pfizer has invested $3 million in Series A Preferred shares of EyeCyte, a company that believes to have developed a way to isolate and use stem cells to cure macular degeneration, retinopathy and other leading causes of blindness in the world. Mr. Callahan provided legal services to EyeCyte supporting this arrangement.
John M. Callahan, Health, Life Sciences & Medical Device Litigation, Life Sciences - Health
Ankur Goel was mentioned in the June 26 issue of Legal Bisnow in an article regarding his recent election to the D.C. Bar Board of Governors.
John M. Callahan was mentioned in the June 23 issue of PR-inside.com regarding McDermott’s legal counsel to EyeCyte, Inc. in the company’s Series A funding through an agreement with Pfizer. Under the terms of the deal, Pfizer has invested $3 million in Series A Preferred shares of EyeCyte, a company that believes to have developed a way to isolate and use stem cells to cure macular degeneration, retinopathy and other leading causes of blindness in the world. Mr. Callahan provided legal services to EyeCyte supporting this arrangement.
John M. Callahan, Health, Life Sciences & Medical Devices, Life Sciences - Health
John M. Callahan was mentioned in the June 23 issue of Forbes.com regarding McDermott’s legal counsel to EyeCyte, Inc. in the company’s Series A funding through an agreement with Pfizer. Under the terms of the deal, Pfizer has invested $3 million in Series A Preferred shares of EyeCyte, a company that believes to have developed a way to isolate and use stem cells to cure macular degeneration, retinopathy and other leading causes of blindness in the world. Mr. Callahan provided legal services to EyeCyte supporting this arrangement.
John M. Callahan, Health, Life Sciences & Medical Devices, Life Sciences - Health
Robert B. Nicholas was mentioned in the June 16 issue of the National Law Journal in an article regarding a new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries that will spark painstaking legal review of pharmaceutical companies' protocols for trials. "Adhering to the FDA's good clinical practices directives for studies done abroad means more work for clients and their attorneys. We'll be working with companies trying to structure clinical studies that they'll be conducting outside the U.S.," Mr. Nicholas said.
Robert B. Nicholas, Health, Life Sciences - Health
Eric Hargan and Kerrin Slattery were quoted in the June 16 issue of American Medical News in an article regarding the CMS Emergency Medical Treatment and Labor Act (EMTALA) law. "If CMS finalizes the proposal, legal firms that represent hospitals will recommend that they take a long look to assess whether community call makes sense for them. If a specialty hospital or other facility is designated as the on-call location for certain types of emergency patients, it might expect that it will take on more of the burden of caring for patients with those conditions than it currently does," Ms. Slattery and Mr. Hargan said.
Eric D. Hargan, Kerrin B. Slattery, Health
Douglas Mancino was quoted in the June 4 issue of BNA's Daily Tax Report in an article regarding the new IRS commensurate test found in IRS Rev. Rul. 64-182. "All of this hand wringing is an overreaction. People are taking a couple of words that have been in widespread use and acting like it's something new," Mr. Mancino said.
Douglas M. Mancino, Health, Tax Exemption
Sheila Walcoff was mentioned in The Washington Post and Congressional Quarterly Daily regarding her recent move to McDermott’s Health Law department and life sciences government strategies practice group in Washington, D.C.
Link to: Sheila Walcoff, Health, Life Sciences – Health, Government Strategies
Government Strategies, Health, Life Sciences - Health
Arnold Friede, Jennifer Geetter, Robert Nicholas, and Paul Radensky had their On the Subject published in the May 30 edition of Health Law 360 regarding the FDA Draft Guidance on certification of compliance with the new FDAAA clinical trial registration and posting regime.
Arnold I. Friede, Jennifer S. Geetter, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences - Health
Arnold Friede, Elizabeth Hack, Robert Nicholas, Paul Radensky and T. Reed Stephens were mentioned in a May 29 article in FDA Webview regarding the recent White Paper they had authored regarding Merck’s $58 million settlement of consumer fraud claims by state attorneys general.
Arnold I. Friede, Elizabeth I. Hack, Robert B. Nicholas, Paul W. Radensky M.D., T. Reed Stephens, Health, Life Sciences - FDA, Life Sciences - Health
Sheila Walcoff was mentioned in the May 29 Legal Times blog regarding her recent move to McDermott’s Health Law department in Washington, D.C.
Terese A. Mosher Beluris was quoted in the May issue of Healthcare Risk Management in an article entitled, "13 Hospital Workers Fired for Snooping in Britney Spears' Medical Records." The article discusses concerns associated with privacy breaches within the healthcare system. "The same mandates that require hospitals to store patients' files electronically in order to facilitate patient care also enable any person entitled to access a file to post it on MySpace in an instant," Ms. Beluris said. "Would Pentagon-level technology limit the risk? Perhaps," she added. "However, no hospital I know has a Pentagon-sized budget."
Terese A. Mosher Beluris, Health, HIPAA, HIPAA Privacy Solutions
Jennifer Geetter was quoted in the May 21 issue of Health Law360 in an article regarding the Genetic Information Nondiscrimination Act, which seeks to prevent unauthorized or required genetic testing of workers by employers and insurers. "A majority of insurers will not be affected by the act because they already do not use risk rating procedures based on genetic testing or family history," Ms. Geetter said.
Jennifer S. Geetter, Health, Life Sciences - Health
Karen Sealander was mentioned in the The Hearing Review's, "The Insider", in an article regarding the McDermott-engineered victory at the Office of Personnel Management and the Lobby Day in Washington that McDermott orchestrated for the International Hearing Society's Board of Governors. "Advocacy is all about education and relationship-building and the Society's governors did just that. The IHS Board educated its elected representatives in Congress about the importance of hearing health to overall health and general well-being, the vital role of the hearing aid specialist, and the effectiveness but dramatic underutilization of hearing aids," Ms. Sealander said.
Arnold Friede was mentioned in the May 8 issue of Rx Compliance Report in an article regarding challenges facing DTC advertising. “A consensus gradually emerged about the need for a robust FDA prior DTC review program. The hope was that stronger FDA oversight would itself act both as a further deterrent, while at the same time, safeguarding against any massive civil penalty for DTC violations,” Mr. Friede said.
Arnold Friede was quoted in the May 7 issue of Medical Devices Law & Industry in an article regarding the FDAAA Clinical Trial Certification requirements. "The draft guidance is helpful but it leaves as many questions unanswered as it does answer. Additionally, the draft guidance is ambiguous about whether certifications are required for compassionate use INDs involving more than one patient," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
Michael Peregrine was quoted in the May 1 issue of BNA's Health Law Reporter in an article regarding the IRS not backing off of its plan to put more pressure on charities to develop better governance plans. "The comments of the current and former IRS officials underscore the significant level of governance oversight activity at the federal level, provide guidance on specific areas of legislative and regulatory concern with respect to governance, and give counsel meaningful 'ammunition' as they seek to advise their client executives and boards concerning the reasons for, and extent of, IRS and Senate Finance Committee Interest," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Arnold Friede and Robert Nicholas were quoted in the April 2008 issue of Medical Marketing and Media regarding scientific 'free speech' being threatened. "Calls for an investigation into support for the American Heart Association (AHA) and American College of Cardiology stating are likely to convince other scientific groups not to speak out on issues of public concern," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - Health
Ankur J. Goel was mentioned in the April 21 issue of Modern Healthcare regarding the OIG's new self-disclosure protocol. "It's a signal that OIG is going to work to make these more acceptable to providers, or a better experience for providers," said Mr. Goel.
Robert B. Nicholas was quoted on April 14 by the National Law Journal in an article regarding the U.S. Food and Drug Administration's plan to post employees in the People's Republic of China. The FDA announced plans to post eight full-time, permanent FDA employees in China within the next 18 months, plus five local Chinese nationals to work with FDA staff. "A shift in China's regulatory regime for drugs, medical devices and foods isn't going to happen overnight, but its creation and development will create opportunities for lawyers working with U.S. and Chinese manufactures in China for many years to come," said Mr. Nicholas. "It takes knowledge, experience and training to get people to understand the consequences of how they prepare documents for contracts and for submission to various regulatory agencies," Mr. Nicholas added.
Robert B. Nicholas, Food and Drug Administration - Alcohol Beverages & Products, Health
Ralph E. DeJong and Elizabeth M. Mills were quoted in the April 14 issue of Modern Healthcare regarding the new IRS Form 990. "Draft instructions released last week could significantly expand the number of key hospital and health system employees whose pay, bonuses and benefits must be reported," said Mr. DeJong. "It's very specific. They're really trying to get information that can be compared, and is apples to apples across organizations, and enhance transparency,'' Ms. Mills said.
Ralph E. DeJong, Elizabeth M. Mills PC, Health, Tax Exemption
Ralph DeJong and Elizabeth Mills were quoted in the April 14 issue of Modern Healthcare Online in an article regarding instructions for not-for-profit hospitals and health systems using the new Form 990. "Draft instructions released last week could significantly expand the number of key hospital and health system employees whose pay, bonuses and benefits must be reported," Mr. DeJong said. "It's very specific. They're really trying to get information that can be compared, and is apples to apples across organizations, and enhance transparency," Ms. Mills said.
Ralph E. DeJong, Elizabeth M. Mills PC, Health, Tax Exemption
Arnold Friede and Robert Nicholas were mentioned in the April 2008 issue of Medical Marketing & Media (MMM) Online in an article regarding calls for investigation into support for the American Heart Association (AHA) and American College of Cardiology. "No one can question the status of the AHA and American College of Cardiology as scientific speakers in the debate about some of the most important public health issues of our time, even if they receive some financial support from commercial interests," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health
David Marx was quoted in the March issue of HealthLeaders in an article regarding the health industry's hospital consolidation wave. Mr. Marx discussed the effects of the FTC's investigation of a 2000 Evanston Northwestern Healthcare (ENH) merger that created a three-hospital system along Chicago's North Shore. Because the ENH case was so unusual in that the FTC waited so long after the merger to investigate, Mr. Marx noted that, "It is not discouraging anybody from doing what they think they need to do to be competitive in the marketplace, and that includes consolidations and collaborative ventures where appropriate." Mr. Marx warned, however, to keep the consumer in mind and remember that the FTC can challenge a merger after the fact, "…think about it from the perspective of the consumer because that's the way the agencies are going to look at the transaction and evaluate it," he said.
David Marx Jr., Health, Health - Antitrust, Hospital and Health System Transactions
Arnold Friede was mentioned in the March 31 issue of Legal Times regarding his move from Pfizer as senior corporate counsel to counsel in McDermott's Health Law Department based in the Washington, D.C. office.
Michael Peregrine was quoted in the March 28 issue of TaxAnalysts in an article regarding the new final regulations under section 4958 that were released by the IRS making clear that tax-exempt organizations that become involved in excess benefit transactions with disqualified persons will be in better shape if they discover the problem and take corrective action before the IRS gets involved. "The final regulations are significant from a corporate governance perspective. The regulations show that an organization's board must be aware of the circumstances under which excess benefit transactions can put exemption at risk," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Ralph DeJong was quoted in the March 21 issue of TaxAnalysts in an article regarding Part IV instructions for the hospital schedule of the redesigned Form 990. "This would be an explanation that many hospitals have until now included in their program services accomplishments section attached to their 990, and now that information has to be an express, explicit portion of the Schedule H filing," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Ralph DeJong was quoted in the March 21 issue of BNA's Health Law Reporter in an article regarding the IRS intending to issue instructions for the new Form 990. "Entities need to prepare now for the new form. The new form begins operationally on the first day of the fiscal year beginning in 2008 and calendar year filers should have started to collect data and expand data," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Michael Peregrine was quoted in the March 6 issue of BNA's Health Law Reporter in an article regarding the IRS' releasing of an updated memorandum detailing those organizational structures and operational policies that it believes will improve governance of tax-exempt organizations. "The memorandum sheds important new light on the IRS' view of such important issues as governing board size, diligence and composition; oversight of sophisticated investment vehicles; and document retention and whistleblower policies," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Douglas M. Mancino was quoted on March 5 in a PR Newswire article regarding a benefit gala for the Children’s Burn Foundation that raised more than $875,000 for burn survivors and prevention. "We are privileged to have raised these funds through the dynamic efforts of The Council who worked tirelessly to ensure that the Foundation can continue to do its important work," Mr. Mancino said. Mr. Mancino is also the chairman of the board of the Children's Burn Foundation. Mr. Mancino was also quoted in Pharma Investments, Ventures & Law Weekly and Pharma Business Week.
Ankur J. Goel was quoted in the February 29 issue of The Boston Globe in an article regarding the group of Massachusetts hospitals that will collect up to $200 million from the federal government over improperly calculated Medicare reimbursement rates. "The hospitals are gratified by the court's ruling that all wage data should be used when HHS calculates the wage index," Mr. Goel said. This case was also reported by BNA's Health Care Daily and The Daily News of Newburyport.
Chip Kerby was quoted in the February 2008 issue of CFO Magazine about how now, progressive employers are thinking more broadly about how they manage health care, and searching for savings at the individual level. There is also a fiduciary risk associated with HRAs that should not be overlooked, said Mr. Kerby, especially since such accounts are not covered by ERISA.
, Employee Benefits & Pensions, Employee Benefits Litigation, Health
Arnold Friede was mentioned in the February 2008 issue of DTC Insights regarding his recent move from Pfizer as senior corporate counsel to counsel in McDermott's Health Law Department in Washington, DC.
Joan Polacheck was quoted in the February 2008 issue of ABI/INFORM in an article regarding Stark law. "The law specifically prohibits physicians with a financial relationship with a hospital from making a referral to that hospital for the treatment of Medicare patients unless there is a specific exception. The problem is there is a lot of gray and disagreement about how the law is interpreted," Ms. Polacheck said.
Arnold Friede was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "No matter how liberal or restrictive the underlying FDA criteria for permissible dissemination of off-label journal articles by drug and device manufacturers, the FDA draft guidance does not address whether and how compliance with the states criteria would insulate manufacturers from liability under other statutes such as the False Claims Act," Mr. Friede said.
Arnold Friede and Robert Nicholas were quoted in the February 22 issue of FDA Webview in an article regarding the statements issued by the American Heart Association and the American College of Cardiology regarding the results of the Vytorin ENHANCE study. "Given the core First Amendment value of scientific speech by AHA and ACC about the ENHANCE study results, and their unquestionably sensible— benign —recommendation that patients speak with their doctors before precipitously stopping Vytorin, the fact that they have become objects of congressional investigations and have even been asked to name names about the preparation of their respective statements, suggests that there is a chill wind on free speech blowing from Capitol Hill," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health, Life Sciences - FDA
Reed Stephens was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "Plaintiffs will push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens said.
T. Reed Stephens and Arnold Friede were quoted in the February 22 issue of Rx Compliance Report in an article regarding the FDA draft guidance that was issued regarding industry dissemination of medical or scientific journal articles. "It seems entirely probable that enterprising plaintiffs, particularly qui tam whistleblowers, are unlikely to defer to FDA's draft guidance in determining whether certain manufacturer conduct provides a potential basis for False Claims Act liability," Mr. Friede said. "Plaintiffs must push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens added.
Arnold I. Friede, T. Reed Stephens, Health, Life Sciences - Health
Stephen W. Bernstein and Jennifer S. Geetter were quoted in the February 1 issue of Mass High Tech in an article regarding the state of Massachusetts funding stem cell research. "States see it as a hot new thing, and that's debatable. But in Massachusetts we have all the raw expertise and can use legislation to springboard what's already here," Mr. Bernstein said. "State programs can clarify legal aspects. It's an opportunity for states to clear up any state regulations which may impede stem cell research. State privacy laws are a patchwork, and you can get tangled in ways the legislation didn't intend," Ms. Geeter said.
Stephen W. Bernstein, Jennifer S. Geetter, Health, Life Sciences & Medical Devices, Life Sciences - Health
Stephen W. Bernstein was quoted in the February 2008 issue of Briefings on HIPAA in an article regarding healthcare organizations facing the prospect of preemptive, third-party compliance evaluations because PricewaterhouseCoopers has contracted with CMS to conduct security audits of covered entities. "Because the scrutiny rule's implementation specifications are generally more technical and more apparently to employees than the privacy requirements, expect more feedback about security policies and procedures from staff members than from patients," Mr. Bernstein said.
Stephen W. Bernstein, Health, HIPAA
Russell Hayman has been selected as one of Nightingale's Healthcare News' "Outstanding Healthcare Litigators" for 2007. Mr. Hayman was recognized as having successfully defended a client in a qui tam case regarding allegation of plagiarism with respect to endocrinology data submitted to National Institutes of Health (NIH) in support of an NIH grant application. He was also recognized for having successfully defended a client against claim that genetic research data had been falsified. Mr. Hayman is one of the 12 healthcare litigators throughout the United States to make the list.
Christopher M. Jedrey was quoted in a January 25 article of Biotech Law Weekly in an article regarding the Dublin – Research and Markets video seminar with Mr. Jedrey focusing on the "Research and Markets: Understand the Strategy and Structure of Healthcare Transactions." The goal of the video seminar was to provide lawyers and executives with essential information about understanding the strategy and structure of healthcare transactions.
Christopher M. Jedrey, Health, Hospital and Health System Transactions
Elizabeth I. Hack was quoted in the January 24 issue of Rx Compliance Report in an article regarding 2008 being a record year for pharma fraud recoveries along with surge in state, global and Part D enforcement. "Another important signal is that the AWP matters brought by the state are continuing to move forward at a faster pace than the Multi-District Litigation (MDL) in Boston. This is evidenced by the fact that next month Alabama will be the first state to bring to trial the state consumer fraud theories relating to AWP drug pricing," Ms. Hack said.
Elizabeth I. Hack, Health, Life Sciences & Medical Devices, Life Sciences - Health
Eric Zimmerman was quoted in the January 18 issue of BNA’s Medicare Report in an article regarding the top Medicare issues to watch in 2008, specifically competitive billing. "Barring a stay on implementation or other substantial change to the program requirements or roll-out, competitive bidding will have a serious and negative impact on small DME suppliers," Mr. Zimmerman said.
Robert Nicholas was quoted in the January 14 issue of Product Liability Law 360 in an article regarding the growing "cosmeceuticals" industry. "When you work with clients who have products they want to bring to the market, frequently the question they ask is, 'What’s the fastest way to get it to the market?' There is a trade-off between speed to market and exclusivity or safety. In the absence of a safety issue, the FDA doesn't tend to aggressively regulate cosmetics. That's one reason why it's an attractive area for manufacturers, even if you have legitimate claims of 'pharmaceutical' results," Mr. Nicholas said.
Robert B. Nicholas, Health, Health - Product Regulation
Ralph DeJong was quoted in the January 7 issue of Modern Healthcare in an article regarding the overhauled Form 990 and its governance policies and executive pay and perks, including executive compensation breakdown. "This will end up being a far more reliable picture of compensation and all of its constituent elements," commented Mr. DeJong. Organizations that had hoped to avoid disclosing unusual perks for key officers are out of luck, added DeJong, who said tax officials responded to criticism of its draft with “smart and savvy” changes.
Ralph E. DeJong, Health, Tax Exemption
Eric Hargan was mentioned in the January 6 issue of the Chicagoland Final Edition in an article regarding local Chicago people making promotions and career moves. Mr. Hargan was mentioned as having previously being acting deputy secretary of the U.S. Department of Health and Human Services prior to joining McDermott.
Michael Peregrine was quoted in the January 3, 2008 issue of BNA's Health Law Reporter in an article regarding top health law issues for 2008, including taxation affecting exempt health care organizations and governance issues. "The role of the federal government in the oversight of nonprofit health care facilities will continue to evolve with the ongoing interest of the Senate Finance Committee and the continued re-consideration of the community benefit standard – and its' community board component – for determining tax exemption eligibility," Mr. Peregrine said. He also commented that the IRS's new Form 990 places corporate governance of tax-exempt organizations front and center.
Douglas Mancino was quoted in the January 1, 2008 issue Health Law360 in an article regarding the fight over the property tax exemption of a nonprofit hospital health case. The loser will undoubtedly appeal to the Illinois Supreme Court, which hasn't considered such an issue in decades. For a health care facility, the tax exemption is "hugely important," Mr. Mancino said.
Christopher M. Jedrey was quoted in the January 2008 issue of ABI/INFORM in an article regarding community hospitals being clinically integrated. "A handful of recent FTC decisions offer more guidance for providers considering clinical integration. Providers need to demonstrate evidence of substantial commitment of staff and resources, shared electronic medical records, and incentives, such as enough shared financial risk. They also need to impose substantial penalties against outlier physicians who fail to embrace standardized best practices or improve the care they deliver. Providers need to convince the government that behavior will change," Mr. Jedrey said.
Bernadette Broccolo was quoted in the January 2008 issue of Briefings on HIPAA in an article regarding difficulties in trying to keep patient information private while conducting medical research. "The needs of the researchers will never be seen by regulators as greater than the privacy needs of the patients. However, obtaining patient authorization can be difficult and often impossible, especially when researchers need to access historical data from a large number of individuals and those individuals do not need a study for their own clinical care," said Ms. Broccolo.
Bernadette M. Broccolo, Health
H. Guy Collier was quoted in the January 2008 national edition of Metropolitan Corporate Counsel in an article regarding the D.C. Bar Association scheduling a four-part Introduction to Health Law Series of CLE Seminars. On January 24, Mr. Collier will provide an introduction to the U.S. health care system.
2007
Paul W. Radensky was quoted in the December 2007 issue of Biotechnology Healthcare in an article regarding IVDMIA guidance. "Assays are not defined in the Food, Drug and Cosmetic Act or any other regulation. In effect, the guidance is being promulgated as if it were a rule, even though guidances are not supposed to be binding. The Health and Human Services secretary has reportedly stated that the FDA would not enforce the IVDMIA guidance before any policy," Mr. Radensky said.
Eric Gordon was quoted in the December 2007 issue of ABI/INFORM in an article regarding The Health & Human Services Office of Inspector General issuing an approval for unnamed hospital's plan to pay doctors for on-call service. The OIG is further investigating whether there is a need for payments and whether the payment arrangements reflect a fair market. "Generally, fair market value is defined as the value between two parties in an arm's length transactions, without taking into account the volume of business otherwise generated between them," Mr. Gordon said.
Michael Peregrine was featured in the December 28, 2007 issue of Tax Analysts in an article where he discusses the Panel on the Nonprofit Sector's recently released Principles of Good Governance and Ethical Practice.
Michael Peregrine was quoted in a December 24, 2007 article in Crain’s Chicago Business in an article regarding the undisclosed compensation of Kaarina Koskenalusta, the head of the prosperous non-profit, Executive's Club of Chicago. "The IRS requires disclosure to be sure tax-exempt status doesn't result in excess pay. In this environment, boards have to be super-sensitive. You have to avoid the inference you're hiding excessive compensation," Mr. Peregrine said.
Michael Peregrine was quoted in the December 21, 2007 issue of the Wall Street Journal in an article regarding the IRS rolling back some of the elements hospital groups found in the new Form 990. Much of the new hospital-specific form won't apply until hospitals file for 2009. "The new forms are generally an improvement over this summer’s proposal. But the new regime will still be considerably tougher than what hospitals and other nonprofits currently file, particularly when it comes to disclosing governance procedures and potential conflicts of interest," Mr. Peregrine said.
Ankur Goel was quoted in the December 10, 2007 article in Report on Medicare Compliance in an article regarding the Centers for Medicare and Medicaid Services mandating compliance training for contracted providers of Medicare Advantage and Part D Plans. "This is a very clear trend. CMS is instructing Medicare Advantage organizations to insert themselves into compliance activities of providers at some levels," Mr. Goel said.
Heidi Echols was quoted in the November 2007 issue of HCPro in an article regarding physicians adopting electronic health records (EHR). "Some physicians fear that hospitals will use shared EHR software to monitor them inappropriately. Although some IT arrangements may allow hospitals access to physicians' medical records, this shouldn't be considered a negative consequence," Ms. Echols said.
Douglas Mancino was quoted in the November 23 issue of Tax Analysts addressing several court cases involving tax-exempt organizations that he addressed at a conference sponsored by the IRS and Loyola Law School. "In Illinois the head of the state's Department of Revenue made it a mission to expand the property tax base or to force hospitals in the state of Illinois to provide considerably greater levels of charity care, notwithstanding the absence of a statutory requirement to that effect," Mr. Mancino said.
Douglas Mancino was quoted in the November 12 issue of Modern Healthcare in an article regarding nationwide rules for how not-for-profit hospitals count and disclose what they give back to communities. "Frankly, the regulators as well as the legislators will start making judgments once a uniform federal standard is in widespread use. Scrutiny will continue as the public gains access to data that can be compared from one year to the next, from one hospital to the next," Mr. Mancino said.
Heidi Y. Echols was quoted in the November 2007 issue of HealthLeaders Media in an article regarding regulations for health information technology donations for electronic health record systems. "The regulations are really there to support and promote interoperability, so they’re hoping that at some point there is more access, but it doesn’t alter the regulatory framework that everybody is practicing under," Ms. Echols said.
Heidi Y. Echols, Health, Health - Information Systems
Jeffrey J. Bushofsky was mentioned in an October 25 article published by The Chicago Tribune regarding civil lawsuits against several chains of MRI facilities accused of involvement in kickback schemes. Illinois Attorney General Lisa Madigan's office plans to refile five cases with additional information in response to Cook County Circuit Court Judge Peter Flynn's request for more factual detail against defendants. Mr. Bushofsky represents Central States Imaging and Nydic. He recently reached a favorable settlement with the government on behalf of Central States Imaging, as mentioned in the article.
Jeffrey J. Bushofsky, Health, Health Care Litigation, Trial
Michael Peregrine was quoted in the October 23 issue of BNA’s Health Care Daily in an article regarding The Panel on the Nonprofit Sector Organization issuing a guide on good governance principles for charities. "The recommendations were comprehensive and are likely to evolve into 'de facto' best practices for the nonprofit sector and should be carefully reviewed," he said. "These recommendations introduce into the governance discourse a new level of detail and specificity concerning proper practices and serve as a reminder that the attention and focus on nonprofit governance is likely to remain as a basic legal and compliance issue," Mr. Peregrine added.
Eric Gordon was quoted in the October 22 issue of AMNews in an article regarding the Office of Inspector General’s backing a hospital’s plan to pay physicians for providing on-call emergency coverage. "What the OIG is trying to do is signal to the industry that there’s nothing inherently wrong with paying for on-call coverage when the service is actually needed and a hospital can demonstrate in good faith that it is trying to get coverage for its community," Mr. Gordon said.
Michael Peregrine was quoted in the October 22 issue of Modern Healthcare in an article regarding the Panel on the Nonprofit Sector releasing a report encouraging not-for-profit organizations to post their IRS Form 990s online. "For those hospitals that are voluntarily working to comply with Sarbanes-Oxley in an effort to be more transparent, the principles go way beyond those rules. What this will do is introduce into the governance discourse a new level of detail and specificity concerning proper practices," Mr. Peregrine said.
Michael Peregrine was quoted in the October 18 article in Corporate Counsel in regards to the J. Paul Getty Trust. "The Getty's experience is a wonderful example of two things. When clients say, 'It can't happen to us,' he points to the trust. It's also a great example of how to respond to a problem and fix it," Mr. Peregrine adds.
Daniel Melvin was mentioned in an October 1 article published in International Medical News Group and Clinical Psychiatry News regarding CMS issuing the third phase of the final regulations implementing the physician self-referral rule, also known as the Stark law, but reverting back to the original stance it had in phase one. "This reversion to the initial Stark policy is among the most important changes in the 516-page document. The application of exceptions will be different going forward," Mr. Melvin said.
Douglas Mancino was quoted in the September 20 article published by CNN in an article regarding donations sent to the Children’s Burn Foundation for a young Iraqi boy who was doused in gasoline by masked men and set on fire. "I'm just blown away by the outpouring of support for this boy and this family," said Mr. Mancino, the foundation's board chairman. "I've never seen anything like it."
Ralph DeJong was quoted on September 10 on CFO.com regarding an IRS rule issued in late July that restores the existing tax code, forcing employers to take greater responsibility for developing and overseeing 403(b) plans into line with rules governing 401(k)s, which are offered by non-profits as well as many profit-making companies. Mr. DeJong contends that the need for change was likely induced by, "a vacuum of responsibility." He states that, "Historically, tax-exempt organizations that sponsored or made available 403(b) tax-sheltered annuities took a hands-off approach." Citing that compliance failures are the main reasons the IRS pushed through the new rule, Mr. DeJong states that the most noticeable change to the tax rules is that employers will have to develop a plan document that identifies how the vendor and the employer with work together to administer the 403(b) plan.
Ralph E. DeJong, Employee Benefits & Pensions, Health
Donald C. Goldman was quoted in the September 2007 issue of the Chicago Lawyer in an article regarding the increasing salaries for f