Media Mentions
2010
Christopher Jedrey was interviewed February 24 by Health Leaders Media concerning the interaction between potential health reform legislation and ongoing consolidation in the health care industry. "Consolidation is ongoing on the provider and the insurer side, and will come from the cost and quality pressures that are driving reform legislation," Mr. Jedrey said. He noted that the last reform effort in the 1990s was a major driver for consolidation on the insurer side, and now believes that "the pendulum is swinging back" toward more consolidation among providers, both physicians and hospitals. "Providers are scrambling to catch up with the insurers to consolidate and achieve a similar level of cost efficiencies, particularly as physicians seek to participate in the value-based purchasing systems of hospitals," Mr. Jedrey stated, "and insurers are working collaboratively with the provider community to help realize their cost reduction goals."
Christopher M. Jedrey, Health, Health - Insurance
Michael Peregrine was quoted by BNA’s Health Law Reporter (February 11) concerning the impact that changes to the federal sentencing guidelines could have on the compliance programs of hospitals and health systems. Mr. Peregrine said the changes emphasize that “the definition of what constitutes an ‘effective compliance plan’ … remains living, breathing and subject to periodic modification.” He noted that some elements of effectiveness include a strong document retention program and a direct compliance officer reporting relationship to the board of directors. Mr. Peregrine added that the guidelines also cite self-reporting, cooperation with authorities and restitution of damages as desirable responses after an organization detects criminal conduct.
Michael W. Peregrine, Conflicts of Interest - Health, Corporate Responsibility and Governance, Health
Michael Peregrine was quoted in a January 18 Modern Healthcare article about a not-for-profit health system’s purchase of a stake in a health and wellness company whose CEO had sat on the health system’s board but resigned after the board voted to make the purchase. While not commenting on the transaction directly, Mr. Peregrine noted that not-for-profits must adhere strictly to conflict of interest policies in transactions involving board members’ companies, and that such transactions face greater scrutiny “regardless of whether it’s a ‘good deal’ or not.” He added that scrutiny by regulators and credit analysts is focusing on sophisticated private equity transactions by not-for-profit hospitals (such as in this case), because of doubts that the hospitals’ boards and executives have the ability to manage these investments.
Michael W. Peregrine, Conflicts of Interest - Health, Corporate Responsibility and Governance, Health, Nonprofit Organizations
Joel Michaels gave his thoughts on healthcare reform to Legal BisNow on January 28. “Scaling back health reform will be harder than it looks,” Mr. Michaels stated. “Eliminating consideration of preexisting conditions, for example, doesn't work without requiring individuals to purchase insurance. The individual parts are so interdependent that dealing with only one feature can create other imbalances that are problematic.”
Eric Zimmerman told Modern Healthcare on January 25 that he is “still confident that healthcare reform will be enacted. It’s too much of a priority for the administration, and Congress hasn’t sunk this much time into it” for it to fail. Mr. Zimmerman said he believes that House consideration of the Senate’s reform bill “remains the only possible pathway to getting reform done,” adding that he expects President Obama’s State of the Union address will give House members an incentive to vote for the Senate bill. “I think that the Democrats will realize that it is less desirable to do nothing, even if enacting health reform is not universally popular,” Mr. Zimmerman stated. Click here to view the full article.
Eric Zimmerman, Health, Life Sciences & Medical Devices
Michael Peregrine and Kerrin Slattery were quoted in Chicago Lawyer (January 2010) on the evolution of the health law field. Ms. Slattery cited the trend in which many community-based hospitals and small stand-alone hospitals have been combined into larger health systems, and said that health reform legislation could "change the way health care facilities deliver services in general, and therefore the landscape of legal services sought and delivered will also change." Mr. Peregrine added that this, along with other complex health sector developments in the past five to seven years, means that health provider organizations "are relying more on their in-house attorneys for less complex matters in an effort to save on costs, and enlisting [outside counsel] to do more regulatory, executive compensation and transactional work that is beyond the expertise of the in-house staff." Click here for the full article.
Michael W. Peregrine, Kerrin B. Slattery, Health
AmLaw Daily interviewed Eric Zimmerman (January 21) regarding the prospects for passage of health reform legislation. "I'm very confident that health care reform will be enacted," he declared. "The question is what will it look like, and when will it be enacted." He based his belief on the effort expended on the legislation to date: "Health care reform...has consumed a great deal of time, attention and resources from Congress and the administration for the past year...at the expense of other issues, like the economy and jobs." Saying he did not "think it's likely" that reform will have bipartisan approval, Mr. Zimmerman stated that Democratic leadership will "figure out its strategy and pursue one." He added that McDermott will "help businesses navigate these shoals" once reform is passed. Click here to view the full article.
Eric Zimmerman, Health, Life Sciences & Medical Devices
Eric Zimmerman was quoted by BNA's Medicare Report (January 2010) concerning the impact that the current lack of a permanent administrator at the CMS will have as health care reform legislation is implemented. "The administration is going to have a lot at stake with the implementation [of reform], which will be almost as important politically as enacting reform in the first place," he said. "It is in the administration's interests that the implementation go smoothly, that deadlines be met, and that Congress be satisfied. That is a tall order without a permanent administrator." Zimmerman also noted as a key 2010 Medicare issue the outcome of a number of budget neutrality adjustment appeals regarding reimbursement, which are currently pending before the Provider Reimbursement Review Board. Click here to view the full article.
Eric Zimmerman, Government Strategies, Health
Michael Peregrine was quoted in a January 4 Modern Healthcare story about how tax-exempt hospitals and health systems are likely to face more scrutiny than ever from federal regulators, state prosecutors, the media and the general public. Governance is an especially hot issue, because, as Mr. Peregrine noted, “The IRS has clearly seen enough examples of bad boards where they know what they look like. If you’re really pushing the edge of the envelope in a way that is not supportable, you’re going to see more challenges from the IRS” and from state attorneys general over governance matters. And, Mr. Peregrine added, if malfeasance is found, regulators will push for resignations of board members as well as executives.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Nonprofit Organizations, Tax Exemption
Paul DeStefano was mentioned in a January 4 National Law Journal feature on significant new law firm lateral hires. Mr. Stefano joined McDermott’s Menlo Park office as a member of the Health Industry Advisory and the Life Sciences & Medical Devices Practice Groups. He will counsel companies in the biotech-pharmaceutical sector on strategic planning, company formation, financing and operations.
Paul R. DeStefano, Health, Life Sciences & Medical Devices
Reed Stephens told Law360 on January 1 that Bates and Patrick v. Unnamed Defendant will be a particularly important health law case in 2010. The case involves a nationwide Department of Justice investigation into false Medicare claims for kyphoplasty spinal surgery, and Mr. Stephens said that it “highlights the real risk associated with the relationship between pharmaceutical and device manufacturers and hospitals and doctors.” He added that providers must be able to prove that the procedures they bill for are medically necessary. Mr. Stephens represents a provider client in a similar case, which he sees either moving toward a “reasonable” resolution or to trial if the government is too aggressive.
T. Reed Stephens, Health, Health Care Litigation, Life Sciences & Medical Devices, Trial
Michael Peregrine discussed for Law360 on January 1 the increase in the Department of Justice’s pursuit of health care billing fraud, particularly with regard to holding hospital boards and executives responsible for alleged violations. “The government has said quite regularly, ‘We’re looking at the source of the problem,’ and that’s worrying board members,” Mr. Peregrine stated. He cited the application to health care the “responsible corporate officer doctrine” already used in securities and environmental law, adding, “We’re watching closely just to see where the government is taking this” so far as holding directors responsible for violations of false claims laws, the Stark Law and HIPAA.
Michael W. Peregrine, Corporate Responsibility and Governance, Health
2009
Roger Strode, Jr., was mentioned on December 29 by the Chicago Daily Law Bulletin for having joined the Healthcare Advisory Board of Pinstripe, Inc., a human resources and recruitment outsourcing company. Mr. Strode’s practice focuses on health care business transactions.
Paul DeStefano was quoted in a December 28 Daily Journal story that reviewed the possible effect of health reform legislation on business combinations in the health care industry. He noted that reform bills have had little effect on mergers and acquisitions involving large pharmaceutical companies, mainly because those deals take too long to respond to rapidly changing legislative developments. “The cycle on product development is so long, so uncertain and so expensive, you can’t turn that ship based on a change made today,” Mr. DeStefano said.
Paul R. DeStefano, Health, Life Sciences & Medical Device Litigation, Life Sciences - Corporate, Life Sciences - Health
Eric Hargen discussed for FDA Week (December 25) provisions in the final Senate version of the health care reform bill that impose limits and hurdles on the Centers for Medicare and Medicaid Services (CMS) for using comparative effectiveness research (CER) to make reimbursement and coverage decisions. The new provisions “did nothing to disturb the underlying other provisions that guide CMS in using this data,” Mr. Hargen observed. He added that under the provisions “CMS has been given a framework in which to use [CER]. They’ve been given an implicit license to use it as long as they use it in a particular way.”
Paul DeStefano was cited by Biotech Business Week on December 14 for joining McDermott’s Silicon Valley office as a partner. Calling Mr. De Stefano “one of the nation’s elite attorneys in the biotech industry,” the article noted that he will provide guidance on the formation, financing and operations of companies in the biotech-pharmaceutical sector.
Paul R. DeStefano, Health, Life Sciences & Medical Devices
Massimiliano Russo provided four articles in the 8-14 December 2009 issue of Il Sole 24 ore, which looked at pharma supply contracts with the Italian government (vaccines against H1N1 influenza) and the comparison with U.S. law.
Massimiliano Russo, Health, Italy
Paul De Stefano was mentioned in numerous media outlets on December 2 and 3 as he joined the Health Industry Practice Group and Life Sciences & Medical Devices practice at McDermott’s Silicon Valley office. Mr. De Stefano will focus on strategic planning and legal representation in the formation, financing and operation of biotech and pharmaceutical companies. Coverage appeared in (among others) Intellectual Property Today, BusinessWeek.com, Bizz.Yahoo.com, Law360, National Law Journal, Law.com, USA Today, The Recorder, LawFuel.com and Biovalley.
Paul R. DeStefano, Health, Life Sciences & Medical Devices
Joan Polacheck was quoted in the December 2009 issue of Inside Counsel regarding health care reform legislation being considered by Congress. She stated that provisions to fight fraud by strengthening requirements that health care organizations return overpayments quickly will play a key role in funding the overall plan. “There will be enhanced scrutiny of the relationship between health care providers and insurance companies,” Ms. Polacheck stated, which will create increased pressure to identify and refund overpayments.
Joan Polacheck, Health, Health - Insurance, Reimbursement/Fraud & Abuse
Jerry Sokol was cited by Cataractoutsourcing.com on November 17 on the trend toward more mergers of hospitals and surgery centers. He stated that many of the mergers are aimed at increasing profitability, noting that, with the credit markets opening up and Medicare reimbursements getting squeezed more, surgery centers in particular should be looking at their merger options. Mr. Sokol added that the physician owners of such centers could consolidate the revenues of various facilities, reduce their overhead costs, minimize risks and perhaps increase distributions by means of a merger.
Jerry J. Sokol, Health, Health - M&A, Mergers & Acquisitions
Jean Marie Pechette was cited by AmLaw Daily’s “The Churn” on October 23 for joining McDermott’s Chicago office as a partner in the Health Law Department. Ms. Pechette was previously with Kelley Drye & Warren.
Jean Marie R. Pechette, Health
Douglas Mancino wrote about Halloween safety for the Los Angeles Daily News on October 27. “Halloween costumes made of flammable material and holiday decorations can easily ignite if they come into contact with candles or lit jack-o-lanterns,” he warned. Costumes and wigs should be flame resistant or retardant, and candles and lit pumpkins should always be carefully attended. “Halloween is a wonderful time of year for parents to practice stop-drop-and-roll with children in case their costumes catch on fire, and review how to call 911” Mr. Mancino added. “Parents should also ensure that smoke detectors are working, review the family home escape plan, and instruct children on how to locate the exits at a party in case of an emergency.”
David Ivill was quoted by Crain’s Health Pulse in an October 20 story about litigation decisions that will enable New York State teaching hospitals to get refunds of FICA taxes that they had paid on medical residents’ stipends. McDermott represented two hospitals that won their challenges against the IRS in the Second Circuit Court, which upheld the student tax exemption for residents and their hospital employers. “The Second Circuit cases should help us shake loose settlements for the taxpayers” covered by the decision, noted Mr. Ivill, who worked on the cases with McDermott partner Thomas Sykes.
David S. Ivill, Thomas D. Sykes, Health, Nonprofit Organizations
Bernadette Broccolo discussed conflict of interest (COI) concerns for university technology transfer offices (TTOs) in the September 2009 issue of Technology Transfer Tactics. She noted that, particularly in medical research, TTOs must integrate with university compliance officers to ensure that there is no appearance of financial conflicts from consulting arrangements, research grants, company interests, reimbursement, and similar issues. These are "looked at individually and in the aggregate" by regulators, industry associations and the media, Ms. Broccolo stated, "particularly when you're talking about several relationships in the same entity." COI concerns arising from any financial relationship are "variations on a common theme," she added, and COI programs "should not stop with reporting, as so many have done in practice," but instead should actively identify potential problems and monitor compliance throughout the life of a project.
Bernadette M. Broccolo, Conflicts of Interest - Health, Health
Eric Zimmerman discussed how to influence the outcome of Centers for Medicare and Medicaid Services (CMS) regulations in an October 2 story by BNA’s Medicare Report. Noting that there are “many other points of entry” beyond the obvious of submitting comments and engaging Congress on rulemaking, Mr. Zimmerman advised contacting the right people at CMS even before the rulemaking process is too far developed. He recommended meeting with staff at all levels – career policy, senior political leadership, at the office of the secretary, and the office of the general counsel.
David Hanselman, Jr., spoke to Law360 on September 29 about a federal judge’s denial of class certification to a group of nurses who alleged that four Chicago area hospital systems violated antitrust law by colluding to suppress the nurses’ wages. The judge ruled that the plaintiffs did not have a viable method of showing classwide injury, which Mr. Hanselman, who represented one of the hospital systems, said “constitutes the death knell” for the litigation. “I can’t say that this effectively ends the case because plaintiffs’ lawyers can be creative,” he noted, “but it certainly is a significant blow to the plaintiffs’ case, and we’ll be anxious to see what they do from here.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health, Health Care Litigation, Trial
Joel Michaels was quoted in a September 24 American University American Today summary of a panel discussion, held at the Washington College of law, which discussed the health care reform debate. Mr. Michaels discussed the political opposition that the issue has generated, and noted, “When you talk about the public option, people say this is the government’s first step into creating a national health care system, and we don’t like it.”
Michael Peregrine was quoted in The Wall Street Journal’s Health Blog (September 16) concerning Sen. Max Baucus’ healthcare overhaul. Nonprofit hospitals are relieved that Sen. Baucus doesn’t include an excise-tax measure that had been recently contemplated for hospitals not offering enough charity care. “What the Baucus Bill proposes is a supplement to, rather than a replacement of, the community benefit standard and without the controversial excise tax and minimum patient charity care standards originally proposed by Senate Finance last May,” said Mr. Peregrine.
Michael W. Peregrine, Health, Nonprofit Organizations
J. Peter Rich spoke at length to HealthLeaders Media on September 15 regarding disruptive physician treatment of staff members. "In some cases the physicians are good at dealing with patients," he noted, "but when it comes to staff they can't keep their temper and they don't know how to treat people properly." Mr. Rich recommends that provider organizations hiring new physicians do a full due diligence screening of their past work history for signs of disruptive behavior. "It's easier to keep out a disruptive physician than to keep one out," he asserted. He also recommended writing into physician contracts that failure "to act in a civil manner toward colleagues, patients and others" is grounds for termination. Should there be disruptive behavior, Mr. Rich advised creating signed, dated documentation of it. "If this is a pattern that needs to be dealt with, it is important to have a paper trail," he said.
Adam Rogers analyzed for Report on Medicare Compliance (August 17) recent steps by the Centers for Medicare and Medicaid Services (CMS) to reduce Medicare fraud and abuse by home health agencies (HHAs). He noted that a recent government report brought HHAs to light "as a hotbed for potential problems," in such areas as the sharing practice locations among Medicare-enrolled HHAs. Mr. Rogers believes that banning space sharing "can have a positive impact to the extent that it ferrets out providers who may just be using an address and a billing number and [are] not actually…providing quality services to Medicare beneficiaries." He noted that this proposal and others are still preliminary, and that "most, if not all, of the proposals will change in some form," but added that they show CMS is focused on "making sure that those in the business of providing home health care are truly committed to that business."
Michael Peregrine was quoted in Modern Healthcare on August 17 concerning a federal district court ruling that the interim CEO of a failing hospital was personally liable for $2 million in payroll taxes that were not paid during his tenure. Although this and a similar case had unique circumstances, Mr. Peregrine said that their idiosyncrasies should not obscure the basic lesson for any hospital: “When you’ve really got cash flow problems, board members and senior managers have to make sure they walk the [payroll tax] check to the mailbox.”
Monica Wallace was profiled in NIU Business (Summer 2009) as the recipient of the inaugural Executive Club scholarship award at Northern Illinois University College of Business. Ms. Wallace graduated summa cum laude and first in her class at NIU before attending the University of Iowa College of Law and entering practice at McDermott, where today she counsels clients in every major sector of the health care industry on regulatory issues and business transactions. She continues her contributions to Northern Illinois University by serving as a board member of the NIU Executive Club, helping plan the annual shadowing program for College of Business students, and doing on-campus recruiting for McDermott.
Michael Peregrine was quoted in BNA’s Health Law Reporter (July 30) concerning new Internal Revenue Service training materials for the leaders of nonprofit organizations. He called the best practices described in the materials “a good resource for nonprofit boards and their governance advisors,” saying that the materials address “governance ‘areas of interest’ that have not been as publicly pronounced before,” such as size, composition, authority allocation and key policies of boards. Mr. Peregrine asserted that “while the IRS may not be able to mandate specific governance practices, it is clearly extending its governance reach,” and added that the new training materials demonstrate that “the IRS is in it for the long haul as it relates to governance scrutiny.”
Michael W. Peregrine, Health, Nonprofit Organizations
Eric Zimmerman was quoted in Modern Healthcare (July 13) concerning an agreement that three hospital lobbying groups reached with Congress and the White House to reduce hospital reimbursement during the next 10 years and to make changes in physician self-referral to hospitals in which they have an ownership interest. “It looks like a lot for a little,” Mr. Zimmerman said of the agreement. “Physician ownership has been the top priority for the hospital lobby. It’s always confused me why that’s the top priority. It’s a little confounding that they would sacrifice so much to get assurance on this issue.”
Bernadette Broccolo was quoted in the July 6 issue of Modern Healthcare regarding the assertion by new IRS commissioner Sarah Hall Ingram that the IRS will more closely scrutinize governance practices of not-for-profit hospitals to ensure that they do not abuse their tax exemption. Noting that Ingram is building on the policies of her predecessor in pursuing once-controversial governance oversight, Ms. Broccolo said of the IRS: “They are going forth with confidence in that position. We’re not going to see a reversion to circumspection.”
Bernadette M. Broccolo, Health, Nonprofit Organizations, Tax Exemption
Eric Hargan was quoted in BioWorld Today on July 6 regarding a recommendation by the Institute of Medicine that comparative effectiveness research (CER) should be a top priority for government-funded health care programs. Mr. Hargen stated that if CER is not handled “very carefully and delicately,” any negative findings from its broadly based sampling may have a chilling effect that could limit or deny individual access to a treatment. He added that if CER “tugs against very promising new techniques, drugs and devices that are rising to treat smaller populations,” that would “be a problem.”
Michael Anthony told Lab Law Weekly (July 3) that the newest rankings for McDermott in Chambers USA, “particularly our position as the only Band 1 health care practice in Illinois, are a great honor.” He noted that because the Chambers researchers in part base their rankings on client feedback, “these results indicate that our dedication to legal excellence and industry knowledge is having a direct, positive impact on those we serve.” McDermott Illinois health law lawyers receiving Band 1 individual rankings, in addition to Mr. Anthony, are Bernadette Broccolo and Michael Peregrine. Ralph DeJong received “well regarded” recognition, while Kerrin Slattery was identified as “up and coming.”
Michael F. Anthony, Bernadette M. Broccolo, Ralph E. DeJong, Michael W. Peregrine, Kerrin B. Slattery, Health
Michael Anthony was quoted by Business & Finance Week regarding the launch of the Firm’s HealthCareLawReform.com blog. Mr. Anthony noted McDermott’s decades-long leadership in breadth and depth of health industry knowledge and stated, “This blog is designed to help bring that critical insight to stakeholders in the most immediate and useful way possible as we approach an era of unprecedented change in our nation’s health care system.”
Geoffrey Raicht was mentioned in INSOL World (Third Quarter 2009) for his role chairing an expert panel discussion on the state of the health care sectors in the U.S., U.K. and South Africa. The panelists agreed that, although there are substantial differences between the countries (with no government-owned health facilities in the U.S, and mainly public funding of the health care sector in the latter two), the key issues of access to care and cost of care are common in all three. The quality and fairness of health care, and the rights of access to it, are issues across the world.
Geoffrey T. Raicht, Health, Private Equity, Restructuring & Insolvency
Anne Hance was quoted by BNA’s Health Care Daily Report on June 29 regarding stepped up surveillance and enforcement actions by the Centers for Medicare and Medicaid Services (CMS). “The environment is really starting to change,” Ms. Hance noted, adding that she sees an “ever-increasing uptick” in CMS enforcement activities. Given that the health care reform bill before Congress expands penalties for Medicare/Medicaid coverage marketing violations, Ms. Hance warned companies in the health care sector that the climate will only get “tougher for all of you trying to do the right thing.”
Michael Peregrine commented in a June 17 Wall Street Journal story about a recent federal appeals court decision supporting an IRS penalty against a nonprofit hospital board chair for unpaid payroll and related taxes. The ruling, combined with increased IRS oversight of the tax-exempt sector, shows the extent to which board members can be held personally liable for a charity's decisions. As Mr. Peregrine observed, “This stuff is starting to spread like wildfire in boardrooms, and people are starting to get nervous.”
Michael W. Peregrine, Health, Nonprofit Organizations
Karen Sealander is mentioned in a June 23 Washington Post article about advocacy efforts to include dental care in the Obama Administration’s health care reform plan. She noted that dental hygienists, as represented by the American Dental Hygienists' Association (a client of the Firm) foresee a bigger role for themselves in preventive dental care to the poor and under-served. The story described the Capitol Hill advocacy efforts by ADHA members from 39 states, under the slogan of “Put Teeth in Health Reform.”
Eric Zimmerman commented on the Obama health care reform proposal in a June 22 blog post for Healthcarelawreform.com. He noted that many of the anticipated Medicare program payment reductions and revisions are absent from the initial proposal draft, but added that “providers should not draw too much comfort from that. President Obama has called for more than $600 billion in savings from Medicare, and … [p]roviders should still expect significant savings provisions to be added later.” Mr. Zimmerman added that the proposal means health care service providers will “face new systems, obligations and incentives that will dramatically alter how providers furnish services and interact with Medicare and its beneficiaries.”
Joshua Buchman and Ankur Goel were both quoted in a June 19 Law360 story on recent changes to the False Claims Act. Mr. Buchman noted that companies no longer must deal directly with the U.S. government to have False Claims Act liability. “The bottom line is, just because you're one or two or even three levels removed from the entity doing business with the U.S. government, you're not safe,” he said. Mr. Goel thus urged companies to review their compliance programs to demonstrate “the kind of diligence the law contemplates … to show that they are aware of what they're supposed to be doing and have made a reasonable effort to put a system in place,” he said.
Joshua T. Buchman, Ankur J. Goel, Corporate Responsibility and Governance, Health, Trial
McDermott Will & Emery was mentioned in the Chicago Daily Law Bulletin on June 17 for the launching of healthcarelawreform.com, a blog covering the various reform proposals. The article noted that McDermott lawyers will use the blog to comment on current and future reform proposals and to analyze their effect on the health care industry.
Eric Hargan appeared June 17 on Fox Business News "Money for Breakfast," where he spoke about the potential impact of the Obama Administration's health care reform proposal. "There is a problem with adding a new public plan to the existing public plans," Mr. Hargan stated. "We already have a large governmental health insurance system [Medicare and Medicaid] and it is going bankrupt. The idea that we fix a government plan by adding tens of millions more people to the plan seems to me to be the height of folly." Click here for clip.
Arnold Pamplona was quoted in a June 18 Reuters dispatch concerning the Philippine American Bar Association’s stance on same-sex marriage in California. Mr. Pamplona is President of the Association, and he said the organization at first found it difficult to endorse same-sex marriage “because being Filipino American, the great majority of our members are Roman Catholic.” However, the organization has come to support the concept because of past discrimination against the Filipino community. “Until not too long ago it was illegal for Filipinos and whites to marry,” Mr. Pamplona said, “and a lot of our board members are married to Caucasians.”
Jeffrey Jung and John Tamisiea examined the increasing use of royalty financing techniques with respect to pharmaceutical and biotech assets as a source of capital in their article that appeared in The Deal Magazine on June 15. “As more market participants use royalty financing techniques as an alternative financing tool, and as the transactions continue to increase in size, there is likely to be a corresponding continued increase in transactional complexity,” the authors stated. Such transactions include investments in the anticipated future revenues from late development stage or precommercial launch products (“revenue interest” or “synthetic royalty” transactions), and various hybrid financing structures.
Jeffrey A. Jung, John P. Tamisiea, Corporate, Health, Healthcare Royalty Sales
Bernadette Broccolo discussed for Medical Research Law & Policy Report (June 9) a proposal by the National Institutes of Health to expand its management and oversight of conflict-of-interest policies for its grantees. Ms. Broccolo said that the proposal would identify conflict of interest by asking questions that “are very thorough and reflective of all the key considerations that have become part of the guidance we’ve been receiving from nongovernmental sources. And that’s important – very important....because the law has been perhaps at best a minimum standard.” Ms. Broccolo cited such points as the proposal’s focus on institutional conflicts of interest to demonstrate that it is “a really good effort to strike a balance between bringing things up to date but not being too prescriptive and recognizing that organizations need to have … flexibility for judgment.”
Bernadette M. Broccolo, Conflicts of Interest - Health, Health
Anne Hance gave an extensive interview to Medicare Part D Compliance Rules (June 2009) on new Medicare draft guidelines regarding Medicare Advantage (MA) and Part D plans. Ms. Hance said of the draft document overall that "it's not so much a huge directional shift. Rather, the changes that they've incorporated are really more minor tweaks and tend to offer clarification on issues that have been outstanding." However, the guidelines on compensation for plan-employed agents and brokers are "a pretty big deal because all of a sudden [companies] would have to completely modify" compensation structures for such persons. She also noted that the draft guidelines have other confusing provisions on the marketing of MA and Part D plans. Ms. Hance advised companies not to make immediate changes "given the fact that it's draft guidance, not final guidance," but suggested that they submit comments to CMS asking for clarification.
Douglas Mancino's comments to the Senate Finance Committee concerning proposals to mandate national minimum tax-exemption standards for nonprofit hospitals were quoted by The Bond Buyer on June 1. Mr. Mancino warned that a possible mandated level of charity care would be particularly negative for nonprofit hospitals. "Mandated charity care levels will erode operating margins, which will have the effect of degrading bond ratings, which will in turn increase costs of capital," he stated, adding that measuring charitable care by the amount of money spent on it could result in "potentially bad policy decisions."
Douglas M. Mancino, Health, Nonprofit Organizations, Tax, Tax Exemption
Eric Hargan was featured in a question-and-answer session on Seafoodsource.com concerning China's new food safety law, which took effect June 1. Noting the "bewildering" array of companies producing food items in China, Mr. Hargen said that the new law is "creating standards that will drive a lot of people [out of business] and will allow for greater safety - it's an unmitigated good for China and the United States" with regard to Chinese food exports. Mr. Hargen noted that the prospect of profitable Chinese seafood exports to the U.S. is attracting "producers who aren't sensitive to what they're doing, including family-owned fish farms that don't have the education and wherewithal to participate in the U.S. market in the way that they need to." He added that the new food safety law shows that "China is working toward a [food safety] system that is more stringent, regular, practical and centralized - that's a big deal."
Eric D. Hargan, Chinese Products, Health, Health - Product Regulation
Michael Peregrine was quoted in the May 21 BNA Daily Health Care Report concerning proposed federal legislation to codify the requirements for determining if a hospital qualifies for tax-exempt status. Noting that the battle for hospital tax exemption standards has now been joined, although the details are not yet clear, Mr. Peregrine believes one clear component that will be defined is the concept of a minimum level of charitable patient care. "The other requirements don't necessarily carry the same level of concern as does the minimum level of care," he said, "although the annual community needs analysis could become somewhat of a burden if not precisely drawn." Mr. Peregrine added that the interesting debate will be over the definitions of "minimum level" and "charitable patient care."
Michael W. Peregrine, Health, Tax Exemption
Bernadette Broccolo commented for BioWorld Today on an agreement between President Obama and a coalition of industry, insurance, health care and labor leaders to cut health care costs by $2 trillion over 10 years. "The failure of health care reform in the past was all of these constituencies taking a siloed, self-interest approach," she stated. Ms. Broccolo said that many details have to be worked out on such key issues as health IT and comparative effectiveness research, adding, "the devil is in the details." But she also noted that the agreement is evidence that the President has been able to "break the log jam" that has impeded health reform in the past.
Bernadette M. Broccolo, Health
Bernadette Broccolo told Business Week (May 12) that the agreement between President Obama and major health care sector players to cut health care costs by $2 trillion "is very significant. It shows a dimension to the reform effort that no prior Administration was able to achieve. Ms. Broccolo said the importance of the agreement reflected the fact that "every one of the key constituencies is on the record. We all have a cynical side, but I think there is a real difference time in how serious all sides are."
Bernadette M. Broccolo, Health
Robert Nicholas analyzed the Seventh Circuit's decision in U.S. v. Farinella in a May 8 Washington Legal Foundation Legal Opinion Letter. The decision held that the Food & Drug Administration cannot merely rely on its own assertion and opinion when claiming that food or drug labeling is misleading and in violation of the law. Mr. Nicholas concluded that "one can make a compelling argument based on Farinella that . . . both the [Food & Drug] Act and the Constitution demand more than an assertion by the FDA about what something means . . . without any authoritative support whatsoever."
Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - Health
Michael Peregrine was quoted by The Wall Street Journal on May 5 regarding more detailed disclosure on executive and trustee compensation that charities must make using new Form 990 annual reports to the Internal Revenue Service. Mr. Peregrine believes that the IRS intended the new form to involve board members more in the reporting process, stating that "The IRS feels the more the board is familiar with what's in the form, the more effective they will be in governance and oversight." He added that, for this reason, board members should be alert to and ask questions about potential conflicts of interest, excessive compensation or insider transactions revealed on the form.
Michael W. Peregrine, Conflicts of Interest - Health, Corporate Responsibility and Governance, Health
Jennifer Geetter was quoted by AISHealth.com on May 4 in a story about the Institute of Medicine's new recommended conflict of interest policies governing the relationships between health care institutions and pharmaceutical and medical device companies. "One of the challenges in management [of conflicts of interest] right now is most people recognize that they need to do it, but there are a lot of question marks around the how," Ms. Geetter said. "Now institutions are looking for matches between individual interests, imputed interests and institutional interests," which makes the process more inter-related and complex. She added concerning such relationships, "This is not just a compliance issue – it is a process issue. You [must] have a process in place that is flexible and elegant enough, that can handle all your problems, but is simple and transparent. And it has to be integrated into the other parts of your organization."
Jennifer S. Geetter, Conflicts of Interest - Health, Health
Bernadette Broccolo was quoted in an April 27 Modern Healthcare story about a healthcare communication systems company that formed an advisory board of seven nurse executives from hospitals that use the company's products. Ms. Broccolo believes that the advisors could still ethically discuss the company's products at their hospitals, but that they should disclose their advisory relationships and refrain from voting on product decisions to avoid any impression of bias. "What everyone is clamoring for first and foremost is . . . that any kind of participation in advisory groups of these kind[s] be made in the sunshine," she stated.
Bernadette M. Broccolo, Conflicts of Interest - Health, Health
Robert Nicholas analyzed the U.S. Seventh Circuit's decision in United States v. Farinella for Health Lawyers Weekly (April 24). The decision rejected the Food & Drug Administration's assertion that "misleading" product labeling violates the "misbranding" provisions of federal law. Although the case related to a food product, Robert noted that it has "significant potential applications" for prescription drug and medical device advertising and promotion, where "the FDA often relies only on its own expertise in deciding what meaning to ascribe to otherwise ambiguous and undefined representations."
Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - Health, Life Sciences - Medical Device & Technology
Kate Feola was quoted in ePharmaceuticals (April 2009) about the Massachusetts Pharmaceutical and Medical Device Manufacturer Conduct regulations. Pharmaceutical and medical device companies must annually disclose to the Massachusetts Department of Public Health any payment or economic benefit with a value of at least $50 made for sales or marketing. Ms. Feola said that the disclosure requirements are not new to pharmaceutical companies. However, Ms. Feola said that Massachusetts is the first state to require financial disclosure by medical device companies which will increase compliance challenges facing the manufacturers. "Device manufactures have never had to think through what systems, whether manual or electronic, are necessary to ensure the company is accounting for all of the expenses that must be reported to the state, what accounts are those expenses coming from, and to whom they are being paid."
Kate W. Feola, Health, Life Sciences & Medical Devices, Life Sciences - Health, Life Sciences - Medical Device & Technology
Robert Nicolas was quoted April 3 in Dickinson's FDA Webview concerning the Seventh Circuit Court of Appeals reversal in a jury conviction of a food manufacturer for misbranding food. The conviction had hinged on the FDA's unfounded assertion that a "best when purchased by" date was the same as an "expiration date" that could raise freshness or safety concerns for consumers. The attorney said that the FDA's interpretation lacked empirical support about the term's meaning, and added: "Surely the First Amendment demands at least some reliable extrinsic evidence . . . before FDA can simply assert, in the absence of any otherwise controlling authority, that consumers comprehend ambiguous advertising and labeling claims in the way the agency alleges."
Robert B. Nicholas, Health, Health - Product Regulation, Life Sciences & Medical Devices, Life Sciences - FDA
Christopher Jedry was cited in April 2 press reports on Business Wire and M2 Presswire concerning his online seminar, "Foundation Model Proposal for a Hospital." The seminar presentation is viewable on computer or iPod, and offers innovative ideas and best practices for structuring such a proposal.
T. Reed Stephens was quoted in a March 30 story in The National Law Journal concerning letters about marketing practices sent by the Food & Drug Administration (FDA) to pharmaceutical companies. State attorneys general increasingly use the letters to sue those companies for false advertising. Mr. Stephens urged companies who receive such letters to assess their marketing practices for compliance problems, adding that "[w]hen you get this type of regulatory action from the FDA that's public, you do need to take proactive measures to better understand what's going on under the hood of your car."
T. Reed Stephens, Government Strategies, Health, Life Sciences & Medical Devices, Life Sciences - Health
Eric Zimmerman was extensively quoted in BNA's Daily Health Care Reporter on March 30 regarding final rules for the Centers for Medicare and Medicaid Services (CMS) to reimburse ambulatory service centers (ASCs). Mr. Zimmerman said the new rules "are really shaking up the industry" by more closely aligning ASC reimbursement with hospital outpatient surgical services. However, because of statutory budget constraints, CMS pays ACSs considerably less than hospitals. "It's outrageous to think that ACSs can furnish procedures for that little money," Mr. Zimmerman stated. ACSs seeking reimbursement must also submit quality and performance data, but Mr. Zimmerman noted that "there is no indication" that CMS will adopt industry suggestions for what this data should contain.
Eric Zimmerman, Health, Life Sciences & Medical Devices, Reimbursement/Fraud & Abuse
Michael Peregrine was quoted in the March 2009 issue of Trustee magazine regarding the increased scrutiny on board of director members as the result of the Sarbanes-Oxley Act and other regulations. "The job is not harder than before [and] Sarbanes-Oxley should not frighten people away," Mr. Peregrine said of potential directors. "Board work is not more risky, it just requires more self-reflection on the qualities of a good board and a better job of managing those duties. Liability is not greater than before, it's just the prism of how the board is looked at that has changed." Mr. Peregrine recommended that board members "be able to explain your fiduciary responsibilities," adding, "If you are informed and alert and do your homework, you should have no problem."
Michael W. Peregrine, Corporate Responsibility and Governance, Health
Stephen Bernstein's article, "Appeals Court Ruling Severely Undermines Speech Rights" was republished in March 2009 in the American Health Lawyers Association Practice Groups Member Briefing.
Stephen W. Bernstein, Health, Life Sciences - FDA, Life Sciences - Health
Eric Hargan, Robert Nicholas and Sheila Walcoff's article, "President Obama Announces FDA Commissioner and Deputy Commissioner Appointments" was mentioned in a March 17 story by Dickinson's FDA Webview.
Eric D. Hargan, Sheila D. Walcoff, Health, Life Sciences & Medical Devices, Life Sciences - Health
David Ivill was quoted in Crain's Health Pulse on March 13 concerning the easing of federal restrictions on stem cell research. Speaking of companies that are tissue banks and clinical laboratories in the state of New York, Mr. Ivill noted that "many of my clients say this promises more opportunities." He added that although New York imposes very strict regulation on the business practices of these companies, it is one of the few states funding millions of dollars in stem cell research.
Eric Hargan was quoted on March 3 by The U.S. News & World Report regarding President Obama's appointments of Nancy-Ann DeParle as the director of the White House Office of Health Reform and Kathleen Sebelious as secretary of health and human services. Mr. Hargan, former deputy secretary at HHS, said that the Obama administration was "doing themselves a real service by splitting those offices up." Mr. Hargan was originally quoted by The Washington Times on March 2.
Eric D. Hargan, Health, Life Sciences & Medical Devices
Eric Hargan was quoted on March 2 by The Washington Times regarding President Obama's appointment of Nancy-Ann DeParle as the director of the White House Office of Health Reform. President Obama also announced the appointment of Kansas Gov. Kathleen Sebelius to be secretary of health and human services. Mr. Hargan, former deputy secretary at HHS under President Bush, commented that "the Obama administration was 'doing themselves a real service by splitting those offices up." He continued, "It's too much. Sebelius would be handing the largest civilian department in the fed government. It's a quarter of the federal budget, an enormous place….And to add to that to try to handle all the White House things herself, it was a recipe for disaster."
Eric D. Hargan, Health, Life Sciences & Medical Devices
Michael Peregrine was quoted on February 26 in The Chronicle of Philantrophy regarding the new Internal Revenue Service report on tax-exempt hospitals and executive compensation. Mr. Peregrine commented that, "charities need to take heed: Lawmakers and the American public today are questioning any institution that receives government assistance – whether it's bailout money or beneficial tax treatment." He continued, "They are saying, In this environment, with huge economic problems and deficits, tell me again why we are providing certain groups with tax exemptions….The IRS is saying, Everybody here play by the rules. And the broader charitable sector should say, All right, let me understand again what are those rules and double-check we are complying with them."
Michael W. Peregrine, Health, Nonprofit Compensation, Nonprofit Organizations, Tax Exemption
Michael Peregrine was quoted on February 26 in The Chronicle of Philanthropy regarding the criticism of Obama's plan to reduce charitable deductions for the wealthy. Mr. Peregrine said charities now face three factors that could cut into their deductions including, the bad economy, the proposed charitable-deduction limits and proposals by President Obama to end tax cuts for wealthy people that were introduced by President Bush. Mr. Peregrine is concerned that charities that are hurting for donations will be more susceptible to fund-raising scams. He said, "What is certain is that the perception that this will reduce charitable donations in the short term is going to draw out the fraudsters."
Michael W. Peregrine, Health, Nonprofit Organizations, Tax Exemption
Michael Peregrine was quoted on February 18 in the Chronicle of Philanthropy in an article regarding the recent report issued by the Internal Revenue Service regarding tax-exempt hospitals and executive compensation. Mr. Peregrine warned that charities need to take notice—lawmakers are paying particular attention to any institutions receiving government assistance. "They are saying, In this environment, with huge economic problems and deficits, tell me again why we are providing certain groups with tax exemptions," Mr. Peregrine said. "The IRS is saying, Everybody here play by the rules. And the broader charitable sector should say, All right, let me understand again what are those rules and double-check that we are complying with them," he added.
Michael W. Peregrine, Health, Nonprofit Compensation, Nonprofit Organizations, Tax Exemption
Michael Peregrine was quoted on February 16 in Modern Healthcare in an article regarding the Internal Revenue Service (IRS) report on nonprofit hospital executive pay and community benefits. The IRS found that executive pay at nonprofit hospitals is uneven compared to the community benefits provided by nonprofit hospitals. Mr. Peregrine noted that "the reports release amid public outcry over payouts to executives at failed corporations could put not-for-profit hospitals on the defensive." He added that the unfortunate timing may overshadow positive survey results that show hospitals largely comply with regulations, "The report makes it clear that hospitals have been playing by the rules," Mr. Peregrine noted. Mr. Peregrine provided similar comments regarding the IRS report to BNA's Health Care Reporter and EO Tax Today.
Michael W. Peregrine, Health, Nonprofit Compensation, Nonprofit Organizations, Tax Exemption
Michael Peregrine was quoted on February 13 in the Wall Street Journal in an article regarding a report issued by the Internal Revenue Service claiming that a small amount of nonprofit hospitals provide the most charity care and that the same nonprofit hospitals are overcompensating their top executives. "For the hospital sector, it's really unfortunate, the timing of this report, because this gets dropped into a real toxic environment," commented Mr. Peregrine. He continued, "You've got people really upset about government subsidies to organizations." Mr. Peregrine noted that many consider tax exemptions a form of subsidy.
Michael W. Peregrine, Health, Nonprofit Compensation, Nonprofit Organizations, Tax Controversy
Stephen Bernstein was quoted in the February 10 issue of Health Law360 in an authored article discussing IMS Health Inc. v. Ayotte.
Stephen W. Bernstein, Health, Life Sciences & Medical Devices, Life Sciences - Health
Roger Strode was quoted in the February 9 issue of The Milwaukee Journal Sentinel in an article regarding physician-patient relationships once a physician departs from a health care system and cannot disclose to their patients where they will be practicing. "The rationale is that health care systems invest time and money in helping a doctor build his or her practice. In some cases, the health care system may have bought the practice for the potential revenue," Mr. Strode said.
Link to: Roger Strode, Health, Hospital and Health System Transactions
Roger D. Strode Jr., Health, Hospital and Health System Transactions
Eric Zimmerman was quoted in the February 2 issue of Modern Healthcare in an article regarding physician-owned hospitals being worried about the priorities of the Federation of American Hospitals and the SCHIP bill that was passed. "It is likely that the House will take up the Senate bill – making a conference not necessary – and send it to the president. With that said, if this provision is not included in what is sent to the president, it will re-emerge again. Those who object to physician ownership of hospitals have made it clear that this is a priority and one they want to purse until they achieve their objective," Mr. Zimmerman said.
Eric Zimmerman, Health, Health Ventures/Physician Transactions
Ankur Goel was quoted in the February 2 issue of Modern Healthcare in an article regarding Attorneys General authorities and their abilities to garner change and achievement. "If there's any connection, it's one of timing and the broad array of authorities attorneys general possess. In general, the intense political focus and concern about healthcare, as well as the increasing role of healthcare in the economy, are likely to be reflected in the level of government activity," Mr. Goel said.
Ankur J. Goel, Health, Health Care Litigation
Russell Hayman and Jon Dean were quoted in the February 1 issue of Corporate Counsel in their co-authored article regarding how employers should handle the departure of an employee with caution.
Jon Dean, Russell Hayman, Health, Trial
Stephen Bernstein was quoted in the January 30 issue of the Washington Legal Backgrounder in an authored article discussing IMS Health Inc. v. Ayotte.
Health, Life Sciences & Medical Devices, Life Sciences - Health
Stephen Bernstein was quoted in the January 29 issue of FDA Webview in an article regarding a New Hampshire law that violates the Firm Amendment because it prohibits the transfer of prescriber-identifiable information for use by drug companies field representations. "If the transfer of the information was the target of the conduct restraint, then, at a minimum, all the information transfers for all commercial uses would have been forbidden, instead of just those having to do with the ensuing commercial use in influencing physician behavior," Mr. Bernstein said.
Stephen W. Bernstein, Health, Life Sciences - FDA
Eric Gordon was quoted in the January 13 issue of Modern Healthcare in an article regarding the HHS's inspector general's office moving forward with a rural multiple-ownership deal. "The OIG is saying here that you need to be foursquare within the group practice definition—or very close to it—for us to bless this type of arrangement. They're saying 'We mean it, to be protected you need to qualify as a group practice,'" Mr. Gordon said.
Eric B. Gordon M.D., Health, Reimbursement/Fraud & Abuse
Eric Zimmerman was quoted in the January 9 issue of BNA’s Medicare Report in an article regarding Medicare legislation in 2009. "Congress will consider comprehensive Medicare legislation, including significant program payment reforms in 2009. There is enormous pent-up demand to address several systemic problems, including the physician payment update," Mr. Zimmerman said.
Eric Zimmerman was quoted in the January 5 issue of Modern Healthcare in an article with respect to physician-owned hospitals. "A physician-ownership provision could appear in the reauthorization of the State Children’s Health Insurance Program early in 2009, or perhaps in Medicare legislation later in the year," Mr. Zimmerman said.
Eric Zimmerman, Health, Health Ventures/Physician Transactions
Eric Zimmerman was quoted in the January 5 issue of Modern Healthcare in an article regarding physician-owners expecting legislative action early in the year from Democrats who will now have greater majorities in Congress and support from a same-party president in the White House. "The topic remains a priority for healthcare leaders in Congress. A physician-ownership provision could appear in the reauthorization of the State Children's Health Insurance Program early in 2009, or perhaps in Medicare legislation later in the year," Mr. Zimmerman said.
Health, Health Ventures/Physician Transactions
2008
David Marx was quoted in the December 30 issue of Global Competition Review in an article regarding Inverness Medical Innovations' settlement with the Federal Trade Commission (FTC) on charges that the company illegally sought to maintain its monopoly on pregnancy tests by acquiring assets from competitor ACON Laboratories. Inverness must sell the assets, including an intellectual property license for dye technology. "With this decision, the FTC shows it remains committed to enforcing antitrust laws in the health-care sector," said Mr. Marx. "The FTC has ensured that the market has returned to an even more competitive state than it was before Inverness acquired ACON's assets," he added.
David Marx Jr., Antitrust & Competition, Antitrust - IP, Health, Health - Antitrust, Intellectual Property
Michael Peregrine was quoted in the December 25 issue of BNA’s Health Law Reporter in an article regarding Senior Chuck Grassley discussing the possibility with other lawmakers of crafting legislation that would establish charity care and community benefit standards for nonprofit standards for nonprofit hospitals and accountability benchmarks for assessing whether exempt hospitals actually are meeting those standards. "Hospitals should not necessarily take comfort from the fact that Sen. Grassley’s previous efforts in this area never went anywhere," Mr. Peregrine said.
Michael W. Peregrine, Health, Hospital and Health System Transactions, Nonprofit Organizations, Tax Exemption
Joshua Kaye and Daniel Melvin were quoted in the December 22 issue of Report on Medicare Compliance in an article regarding the recent answer to a FAQ that CMS posted regarding the final Medicare physician fee schedule regulation that will change the dynamic of mobile diagnostic testing relationships. "If the under arrangement was structured to involve referring physician ownership in the company providing services to the hospital, and the fee structure had a per-click or other variable fee component, there is a compliance risk," Mr. Kaye said. "The new rule for mobile operators should never have been construed to require portable testing equipment and technologist leading companies to enroll in Medicare as IDTFs, but CMS made published statements suggesting that this was their intent," Mr. Melvin said.
Joshua M. Kaye, Daniel H. Melvin, Health, Health Ventures/Physician Transactions, Reimbursement/Fraud & Abuse
Guy Collier was quoted in the December 2008 issue of Washington Lawyer in an article regarding the D.C. Bar Pro Bono Program Law Firm Clinic recently changing their name to the Advocacy & Justice Clinic. "The Pro Bono Committee felt strongly that the name should do much more to reflect the fundamental importance of the services offered to beneficiaries of the clinic, as well as the richness of the experience to participating law firm attorneys. At its most basic level, the clinic is all about lawyers advocating to ensure that low-income District residents have a voice and secure individual justice in areas that are vitally important in their day-to-day lives – housing, public benefits, and family law," Mr. Collier said.
H. Guy Collier, Health, Pro Bono & Community Service
Russell Hayman was quoted in the December 8 issue of American Medical News in an article regarding physicians being seldom named in false claims cases but are often in a position to blow the whistle on fraud that they observe. "Health care services account for roughly 10% of the nation's gross domestic product. Put that together with the fact it is so heavily regulated by the federal government and states, and you have a recipe for False Claims Act activities on the scale we've seen in recent years," Mr. Hayman said.
Russell Hayman, Health, Health Care Litigation, Trial
Karen Sealander's comments on the Obama Administration's initial choice of former Senator Tom Daschle to be Secretary of Health and Human Services were summarized by Healthcare IT News on November 19, 2008.
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.
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 and Governance, Health, Nonprofit Organizations, Tax Exemption
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
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
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
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.
Robert B. Nicholas, 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.
Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
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
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 and Governance, Health, Markets Restructuring, Tax Exemption
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.
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."
Robert B. Nicholas, Paul W. Radensky M.D., Conflicts of Interest - Health, Health, Life Sciences & Medical Devices, Life Sciences - FDA, Life Sciences - Health
Robert Nicholas was mentioned in the September 2008 issue of Innsight Industry Newsletter in an article discussing the FDA's view on generic drug-label carve outs.
Robert B. Nicholas, Health, Life Sciences & Medical Devices, 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
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 and Governance, 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.
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 and Governance, Health, Health Care Litigation, Trial
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
Robert Nicholas was mentioned in the August 22 issue of FDA'sWebview in an article regarding his recent On the Subject discussing the FDA's Camptosar® decision.
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
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 and Governance, 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 and Governance, 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 and Governance, 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
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.
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
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
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
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
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
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.
Jennifer S. Geetter, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences - Health
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.
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.
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
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
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.
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
Robert Nicholas was 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. Nicholas said.
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 Regulatory & Distribution, Health
Ralph DeJong was 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.
Ralph E. DeJong, Health, Tax Exemption
Ralph E. DeJong was 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.
Ralph E. DeJong, Health, Tax Exemption
Robert Nicholas was 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. Nicholas said.
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
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 and Governance, 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 and Governance, 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
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.
Robert Nicholas was 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. Nicholas said.
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 was 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. "Plaintiffs must push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens said.
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. Geetter 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
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.
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
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.
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
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.
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.
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.
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.
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 first year associates. "Base salary is lockstep, but bonuses are based on productivity, exceptional quality, participation in administrative functions. I think creating two different classes of citizens, so to speak, may not be the right way to go,” Mr. Goldman said.
Guy Collier was mentioned extensively in the Summer 2007 issue of Richmond Law, the magazine of the University of Richmond School of Law, Mr. Collier’s alma mater The article, "Pro bono 'For the Public Good,'" profiles Mr. Collier’s role as a leading advocate for a project that matches older, senior lawyers with pro bono opportunities.
H. Guy Collier, Health, Pro Bono & Community Service
Douglas Mancino was quoted in an August 14 article published in The Recorder in regards to representing the LA Dodgers new charity, "ThinkCure", a charity that will raise funds for cancer research at City of Hope and Childrens Hospital Los Angeles. "They’re promoting it as the official charity of the Dodgers. They’re very interested in finding a cure. This is a major piece of the fabric of L.A., so it’s wonderful to be associated with it," Mr. Mancino said.
Michael Peregrine was quoted in the August 13 issue of Modern Healthcare in an article regarding a settlement agreement with the former directors and officers of the now-defunct Granada Hills Community Hospital in California. “Directors are going to feel more comfortable without too much fear of being sued,” Mr. Peregrine said.
Michael Peregrine was quoted in an August 6 article published by Crain’s Chicago Business regarding Chicago-area hospitals boosting spending on free medical care by $187.4 million and being scrutinized for their charitable practices. "Hospitals will need to fight to show the value they provide in exchange for their tax exemptions," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Eric Zimmerman was quoted in the July 20 issue of BNA’s Medicare Report regarding The Centers for Medicare & Medicaid Services releasing a new rule which sets new payment rates for ambulatory surgery centers (ASCs) in 2008. "The ASC final rule is the most significant and substantial change to how and how much Medicare pays ASCs since the inception of the program 25 years ago," Mr. Zimmerman said.
Eric Zimmerman, Ambulatory Surgery Centers (ASC), Health
Michael Peregrine was quoted in the July 20 edition of The Wall Street Journal in an article regarding whether not-for-profit hospitals provide enough care to uninsured patients to warrant the sizable tax breaks they receive for charitable work. "Some people thought when Grassley lost his chairmanship, he’d go away. Not-for-profit hospitals clearly have a legislative fight on their hands," Mr. Peregrine said.
Paul Radensky was quoted in the July 2007 issue of Clinical Lab Products Magazine in an article regarding the new FDA draft guidance regarding in vitro diagnostic multivariate index assays (IVDMIAs). "I think you get universal agreement, including the FDA, that what was put in the September draft guidance was not clear,"Mr. Radensky said.
Paul W. Radensky M.D., Health, Life Sciences - Health
Michael Peregrine was quoted in the June 25 issue of Modern Healthcare in an article regarding the Smithsonian Institution having unchecked transgressions by its former secretary and they will now adopt a new set of practices to restructure its oversight of the institution. “Although the Smithsonian is a trust established by Congress, it is, like most hospitals, a 501©(3) charitable organization. These Smithsonian developments are likely to have a broad spillover effect on the nonprofit sector,” Mr. Peregrine said.
Ralph DeJong was quoted in the June 18 issue of Modern Healthcare in an article regarding the IRS expanding public reporting of what not-for-profit hospitals do for their communities to justify federal tax breaks. “The agency’s ambitious schedule leaves not-for-profits little time to review and change operations or governance policies, if necessary, before the start of fiscal 2008. For hospitals and health systems, the changes are likely to be substantital,” Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
John Callahan was quoted in the June 14 issue of Muskogee Phoenix in an article regarding the Muskogee Medical Center Authority asking the state attorney general for his opinion before giving millions to the city of Muskogee. Capella Healthcare is paying $120 million to lease Muskogee Regional Medical Center for the next 40 years. “It sounds like you don’t have a decision where the money is going to go. The attorney general may be very concerned with that. You should probably have that decided before you contact him,” Mr. Callahan said.
John M. Callahan, Health, Health - M&A, Life Sciences - Health
Robert Nicholas was quoted in a June 7 article published by The GMP Letter regarding the Form 483s and warning letters. "Firms should not be afraid to disagree with the FDA regarding inspectional observations cited in Form 483s and warning letters. The 483 or the warning letters are really FDA's observations. In fact, sometimes they're wrong," Mr. Nicholas said.
Bernadette M. Broccolo was quoted in the June 4 issue of Modern Healthcare in the cover story regarding how the IRS’ updated reporting rules for tax-exempt organizations could require full disclosure on community benefits and charity care. Revisions to Form 990 that boost data collection and public access could head off congressional action. “The legislative process would most likely take a lot more time for the kind of reforms (Baucus and Grassley are) looking for,” Ms. Broccolo said.
Bernadette M. Broccolo, Health, Tax Exemption
Ralph DeJong and Michael Peregrine were quoted in the June 4 issue of The National Law Journal in an article they co-wrote in regards to the recent decision in the controversial Spitzer v. Grasso litigation dealing with Grasso's excessive compensation payments. "This decision thus suggests, in a significant and dramatic way, the likely of different strategic options for both the "enforcer" of nonprofit corporation laws and for the subjects of that enforcement," Mr. DeJong and Mr. Peregrine wrote.
Ralph E. DeJong, Michael W. Peregrine, Executive Compensation, Health
Gordon Greenberg, Russell Hayman and Jonathan Lurie have been recognized as top lawyers in their industry by Super Lawyers in June 2007 as "Southern California Super Lawyers for the Family and Consumer." Mr. Greenberg and Mr. Hayman were recognized in the area of "When Disaster Strikes" and Mr. Lurie was recognized in the area of "Planning Your Future."
Gordon A. Greenberg, Russell Hayman, Jonathan C. Lurie, Health, Private Client, Trial
Guy Collier was quoted in the June issue of Washington Lawyer in an article regarding the D.C. Bar Pro Bono Program and the work that McDermott has done for the District of Columbia Primary Care Association (DCPCA). McDermott attorneys were noted as “consistently being extremely responsive and great to work with… basically the hit of the board series.” “We tried to cover most of the regulatory issues that would be of interest to their board members, such as corporate compliance, health care fraud and abuse, federal tax exemption requirements,” Mr. Collier said.
Michael Peregrine was quoted in the May 31 issue of BNA’s Health Law Reporter in an article regarding Democratic representative of California, Henry A. Waxman, asking compensation consulting firms to describe how consulting services provided to the top 250 U.S. companies could affect both for-profit and non-profit health care organizations. “The activities of Waxman and his Committee on Oversight and Government Reform,” as they relate to the independence of compensation consultants, “have a definite spillover impact on both for-profit and nonprofit health care sectors,” Mr. Peregrine said. “The no doubt well-intentioned efforts of Rep. Waxman and his committee may, however, have the unfortunate effect of focusing on just one of the many indicia of best practices, to the possible exclusion of the others,” Mr. Peregrine also noted.
Michael W. Peregrine, Health, Health - M&A
Michael Peregrine was quoted in The Wall Street Journal on May 9 regarding Dick Grasso, the former head of the New York Stock Exchange, winning a significant legal victory in his fight to keep his $187.5 million pay package. "Yesterday's appellate ruling amounts to a real threat to the broad enforcement powers of attorneys general. It may hamstring much of their oversight activity in the nonprofit sector," said Mr. Peregrine.
Jerry Sokol and Joshua Kaye were quoted in the May 1 issue of Diagnostic Imaging in the article "Scan Time Leases: Referring Clinicians Mine for Gold in Radiology's Backyard." Imaging equipment leasing to referring physicians reveals wildly differing attitudes toward self-referral. Many physicians have become less guarded about their behavior as in-office imaging self-referral has proliferated. Mr. Sokol said, "Many imaging service operators have gained confidence in the legality of block leasing. It accounts for a majority of referring physician leasing contracts." According to Mr. Kaye, "If you look at the guidance documents, you'll see the federal government wants, at a minimum, such as supervision, billing and collections."
Joshua M. Kaye, Jerry J. Sokol, Health, Health Ventures/Physician Transactions
Anne Hance was quoted in the May 2007 issue of the Part D Insider in an article regarding the Medicare 2008 plan year. "In response to the many comments addressing vaccine administration reimbursement, CMS is taking time to finalize its operational guidance," said Ms. Hance.
Stephen Bernstein was quoted in the April 30 issue of The National Law Journal on law firms' involvement in the BIO conference in Boston. Mr. Bernstein mentioned the Firm's involvement in the conference as chairs of panel discussions, "We have gone for the substance of what the conference is about," and he also mentioned the Firm's evening reception.
Stephen W. Bernstein, Health, Life Sciences & Medical Devices
McDermott Will & Emery was mentioned in the April 26 issue of the Pittsburgh Post-Gazette as the firm that is advising the University of Pittsburgh Medical Center on the development of "best-in-class" policies and processes for monitoring and managing individual and institutional conflicts of interest. Bernadette Broccolo is leading the client team on this matter.
Bernadette M. Broccolo, Health, Health - General Counsel
Michael Peregrine was quoted in the April 19 issue of BNA’s Health Law Reporter in the article "IRS Interim Report Should Address Community Benefit, Treasury IF Says." The article addressed the issue that the IRS should include in an upcoming report on tax-exempt hospitals an assessment of how those hospitals are complying with the community benefit standard for hospital tax exemption. "The report reflects the perspective of the General Accountability Office, and past statements by the IRS Commissioner, that it is often difficult to differentiate between for-profit and nonprofit providers in terms of community benefit and charity care provided," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in the April 19 issue of BNA’s Health Law Reporter in the article "Judge Rules Two Nonprofit Hospitals May Leave Cincinnati Health Alliance." The article addressed two nonprofit hospitals that may withdraw from the Health Alliance of Greater Cincinnati, since the joint operating agreement binding them to the region's largest health care network allows their governing boards "to exercise ultimate authority for fulfilling their respective charitable missions." "This is a significant decision, which could lead to enhanced instability in nonprofit health systems formed through change of membership, affiliation, JOAs and other means," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in the April 18 issue of BNA’s Health Care Daily in an article regarding two nonprofit hospitals in Ohio that can withdraw from the Health Alliance of Greater Cincinnati. "This is a significant decision, which could lead to enhanced instability in nonprofit health systems formed through change of membership, affiliation, and other means. This may especially be the case where controversy or disagreement has already arisen amongst system partners. The judge’s decision to allow the withdrawal of Christ and St. Luke's Hospital from The Health Alliance could thus contribute to any existing instability of already fragile affiliation," Mr. Peregrine said.
Michael W. Peregrine, Health, Health - M&A
Stephen Bernstein was mentioned in the April 13 edition of Government Health IT on American Health Information Community's apparent considering of applying HIPAA to Regional Health Information Organizations and questioning the appropriateness of such an extension. "It might be difficult to determine which portions of the HIPAA rules apply, given the variations among exchange organizations," Mr. Bernstein said.
Stephen W. Bernstein, Government Strategies, Health, HIPAA
Bernadette Broccolo was quoted in BNA’S Health Law Reporter in an article regarding an IRS directive that was issued stating that exempt hospitals might enter into certain arrangements with physicians to help facilitate their adoption of electronic health record technologies without violating federal tax laws. “While CMS’s regulations permitted hospitals to subsidize up to 85 percent of these HER system costs, it had been an open question as to whether IRS would embrace the same percentage given its exempt hospital and private inurement oversight perspective. That questions has now been answered,” Ms. Broccolo said.
Bernadette M. Broccolo, Health, Life Sciences & Medical Device Litigation, Life Sciences - Health, Tax Exemption
Anne Hance and Joel Michaels were quoted in the April 6 edition of BNA's Medicare Report in an article discussing the Centers for Medicare & Medicaid Services Draft 2008 Call Letter. "CMS has more than a year of Part D operational experience and is now looking for ways to direct the role the program can play on the larger Medicare front," Ms. Hance said. "From a larger perspective, it will be interesting to see whether and how some monitoring requirements will affect compliance issues," Mr. Michaels said.
Anne W. Hance, Joel L. Michaels, Health, Managed Care
Joshua Kaye was quoted in the April 2007 issue of Imaging Economics in an article regarding outpatient imaging centers facing Deficit Reduction Act reimbursement cuts, new independent diagnostic testing facilities (IDTFs) standards and threats to shared leasing arrangements. "The best track is to remain somewhat flexible. From a regulatory standpoint, any time you're going into shared or financial arrangements with referral sources, it's going to raise questions. True block leasing, where it’s safe harbored, has historically been considered by health care professionals to have a low level of regulatory risk," Mr. Kaye said.
Joshua Kaye was quoted in an April 1 article published by Imaging Economics regarding outpatient medical imaging centers and their struggle facing DRA reimbursement cuts, new IDTF standards, and threats to shared leasing arrangements. "The best track is to remain somewhat flexible. From a regulatory standpoint, any time you're going to enter into shared or financial arrangements with referral sources, it's going to raise questions. True block leasing, where it's safe harbored, has historically been considered by health care professionals to have a low level of regulatory risk," Mr. Kaye said.
Anne Hance was quoted in the March 27 issue of BNA's Health Care Daily Report in an article regarding Medicare Part D drug beneficiaries being financially responsible for prescription drugs given to them by emergency room doctors, even if those same products would have been covered had they received them from a retail pharmacy. "Doctors also face concerns about how they can help their patients navigate Part D issues. Physicians can identify issues their patients should consider when making a plan decision, including the pharmacy network and monthly premiums," Ms. Hance said.
Anne W. Hance, Health, Managed Care
Paul Radensky was quoted in the March 9 issue of the Silicon Valley/San Jose Business Journal in an article regarding the draft regulations from the FDA on genetic testing laboratories. "This is a major, substantive change in the rules and it should go through regular rule-making procedures. There are a number of provisions, when you have rule-making, in which the FDA has to explain the impact on small businesses. These are important protections that you don’t have from a draft guidance," Mr. Radensky said.
Ankur Goel was quoted in the February 26 issue of Report on Medicare Compliance in an article regarding quality, payment, compliance and enforcement issues. Goel specifically discussed the increasing intensity of Medicare documentation reviews. "Auditors are really digging in deeper and deeper. They are really delving into documentation requirements and questioning medical necessity," Mr. Goel said.
Ankur J. Goel, Health, Managed Care
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission's request for additional information on Psychiatric Solutions' proposed acquisition of Horizon Health Corp. "It's indicative of an issue, but not necessarily indicative of a problem," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Paul Radensky was quoted in the February 14 issue of Pharmacogenomics Reporter in an article regarding the U.S. Food and Drug Administration's proposition to regulate a subset or complex laboratory-developed genetic tests. "The draft guidance raises ‘concerns over FDA's legal authority to regulate clinical laboratories,' is unclear over the definition of in vitro diagnostic multivariate index assays, and does not clearly identify the elements of an IVDMIA that comprise a medical device subject to FDA regulation versus those regulated under CLIA," Mr. Radensky said.
Michael Peregrine was quoted in the February 12 issue of Modern Healthcare Online in an article discussing the new guidelines that were distributed by the IRS for governing boards of tax-exempt organizations. "Not-for-profit hospitals should not be lulled into thinking the guidelines are insignificant just because the suggested practices are not breaking any new ground," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Paul Radensky was quoted in the February 12 issue of The Gray Sheet in an article regarding laboratory stakeholders urging the FDA to ditch in vitro diagnostic multivariate index assays. "It's not all clear what an IVDMIA is. It begs the question to simply says, 'It's different,'" said Mr. Radensky.
Paul Radensky was quoted in the February 12 issue of Medical Device Week in an article regarding published guidance for in vitro diagnostic multivariate index assays (IVDMIAs or MIAs). "Guidance has raised a large number of issues, including FDA's authority to regulate these assays. Other issues include how the quality system regulations (QSRs) mesh with the Clinical Laboratory Improvement Amendments (CLIA) standards, which are overseen by the CMS," Mr. Radensky said.
Michael Peregrine was quoted in the February 6 issue of TaxAnalysts in an article discussing a list that was prepared by the IRS of preliminary guidelines designed to help charity boards improve their oversight of charities. "Charity boards should take a good look at the guidelines. I wouldn't just blow these off as insignificant or as breaking no new ground. The guidelines make a couple of important points," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax, Tax Exemption
Michael Peregrine was quoted in the February issue of Corporate Counsel about the recent decision of the American Red Cross to reform their structure due to various congressional attacks throughout the years. "The politics probably played a big role in the Red Cross's reforms, too. They were reacting to the spotlight," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Eric Zimmerman was quoted in a February 1 article in EndoNurse in regards to reimbursement for gastrointestinal (GI) procedures. "The march to the new payment system is definitely topic number one," Mr. Zimmerman said.
Eric Zimmerman, Health, Managed Care
McDermott client Murphy Oil Corporation was profiled in The Washington Post on January 31 for its contribution to the El Dorado Promise foundation, a scholarship program for El Dorado, Arkansas public school students. The foundation was established with the assistance of Robert Louthian and Robin Greenhouse. Murphy Oil contacted Ms. Greenhouse for assistance, and Mr. Louthian was instrumental in establishing the foundation and is currently in the process of obtaining a tax-exemption for the foundation.
Robin L. Greenhouse, Robert C. Louthian III, Health, Tax Exemption
Ira Rappeport was quoted in the January 29 issue of Flashwire Weekly in an article regarding health care M&A. "There are two trends, one is financial and one is related to health care. Hospital chains have to get bigger to deal with insurers and get better economies of scale. Also, hospitals have to deal with a new competitor in deals – private equity," Mr. Rappeport said.
Ira J. Rappeport, Health, Health - M&A, Mergers & Acquisitions
Eric Zimmerman was quoted in the January 24 issue of BNA's Health Care Daily in regards to President Bush's proposal for potential new use of safety net payment. "It is hard to judge the impact of the proposal, because details of how it would work are sketchy. But a plan to replace DASH funds for hospitals with payments for providers from health insurance coverage could work," Mr. Zimmerman said.
T. Reed Stephens was quoted in the January 16 issue of Rx Compliance Report. In regards to reviews of state False Claims Act statues, Mr. Stephens said, "State Attorney General offices are poised to continue their track record of successful enforcement against the industry. California and Texas will likely be in the forefront despite the negative view of their False Claims Act statutes rendered by the OIG." The article also highlighted Mr. Stephens' recent move to McDermott.
Stephan Rau was mentioned in the 8 January issue of The Lawyer starting as a new partner in the Munich Healthcare Department.
Eric Zimmerman was quoted in the January 8 issue of BNA's Health Care Daily in regards to health care being a prominent figure in the work of the Democratically controlled 110th Congress. "I expect 2007 to be a big year for Medicare legislation. There is incredible built-up demand. It has been more than three years since Congress advanced major Medicare legislation, and there are many areas that cry out for attention. Anything Democrats try to do to the prescription drug benefit, Medicare Advantage (managed care) program, or physician fee schedule will serve as a vehicle for a variety of other provisions," Mr. Zimmerman said.
Eric Zimmerman, Health, Managed Care
Michael W. Peregrine was quoted extensively in the the January 4 issue of BNA’s Health Law Reporter discussing taxation and charity care issues that health care providers will face in the coming year. He commented, "The new SEC rules on disclosure of executive compensation, coupled with the revisions to the Form 990, will have a significant effect on health care organizations. Another development in this area will be increased pressure on compensation committees to confirm that they have taken into consideration all elements of compensation. There are a series of governance issues all flying right now 'under the radar,' that could have a significant impact in 2007." He also noted Sarbanes-Oxley developments should be watched "as a variety of groups, including the Treasury Secretary and the U.S. Chamber of Commerce, seek to find a new 'balance' in the evolution" of corporate governance and responsibility laws.
Eric Zimmerman was quoted in the January 2007 issue of Today’s Surgicenter discussing the 4th Annual ASC Legislative Update. According to Mr. Zimmerman, the industry should focus on the reintroduction of bills such as these that cover the "conversion factor" for the new payment system. He also commented, "the ASC industry has a little under a year to lobby Congress for some kind of congressional intervention."
Eric Zimmerman, Ambulatory Surgery Centers (ASC), Health
2006
Ankur J. Goel was quoted in the December 25 issue of Report on Medicare Compliance on the Deficit Reduction Act's False Claims Act requirements, stating that "whether entities need to be in complete 100% compliance on Jan. 1 is debatable because the states haven’t instituted the requirements yet and this guidance just came out," Mr. Goel said. "If entities are in substantial compliance or have taken steps in good faith, they should be in good shape," he added.
Ankur J. Goel, Health, Reimbursement/Fraud & Abuse
Chip Kerby was quoted In the December 22 issue of Inside Consumer-Directed Care about the new HAS law setting the maximum annual contribution at the statutory limit. "Cutting the ties between the deductible and the maximum HSA contribution is critical to the growth of the account-based plans," Mr. Kerby said. "Essentially, you no longer have to burn through your entire HSA balance to cover the deductible," he added.
, Consumer-Driven Health Care, Employee Benefits & Pensions, Health
Chip Kerby was quoted In the December 22 issue of Inside Consumer-Directed Care about Congress passing the long-sought-after HSA fixes. "Christmas came early for the HAS supporters," Mr. Kerby said.
, Consumer-Driven Health Care, Employee Benefits & Pensions, Health
Michael W. Peregrine was quoted in the December 21 issue of BNA's Health Law Reporter about the DOJ issuing new guidelines that prohibit federal prosecutors from considering a corporation’s refusal to waive the attorney-client privilege as part of a charging decision in a criminal investigation. "Corporate executives should be more comfortable in seeking the advise of corporate counsel, with greater assurance that the attorney-client privilege will be respected," Mr. Peregrine said.
Stephen Bernstein was quoted by the Boston Business Journal on December 4 in an article regarding the growth of Boston's top five venture capital-backed pharmaceutical start-up companies. "In Massachusetts, part of the reason this sector is hot is that there is good clustering of companies, academia and capital," Mr. Bernstein said. "The markets are doing quite well and there's a lot of capital chasing a number of companies positioned in that three-to-five-year window when return is expected."
Stephen W. Bernstein, Health, Life Sciences & Medical Devices
An interview with H. Guy Collier was featured in the Washington Lawyer's December issue on the Senior Lawyer Public Interest Project, an initiative of the D.C. Bar Pro Bono Program. Mr. Collier serves as vice chair of the D.C. Bar Pro Bono Program and heads the Senior Lawyer Public Interest Subcommittee.
H. Guy Collier, Health, Pro Bono & Community Service
Michael Peregrine was quoted in the October 20 issue of The Washington Post regarding the judge's ruling that former NYSE chief Dick Grasso breached his duty by failing to disclose his ballooning retirement fund in the years before his resignation. "This is the kind of decision that will make nonprofit CEOs sit up and take notice," commented Mr. Peregrine. "They're going to spill their coffee in their laps when they read this case."
Michael W. Peregrine, Executive Compensation, Health, Tax Exemption
Michael Anthony, Bobby Burchfield, Gordon Greenberg, Christopher Jedrey, Ray Lupo, Terry McMahon, Michael Pope, Richard Smith and Jeffrey Stone will be recognized in the fall edition of Lawdragon magazine on its annual survey of the top 500 lawyers in the United States, the Lawdragon 500.
Michael F. Anthony, Bobby R. Burchfield, Gordon A. Greenberg, Christopher M. Jedrey, Raphael V. Lupo, Terrence P. McMahon, Michael A. Pope PC, Richard W. Smith, Jeffrey E. Stone, Corporate, Health, Intellectual Property, Trial
Stephen Bernstein and Bernadette Broccolo were quoted in the August 24 issue of BNA's Health Law Reporter. Ms. Broccolo commented, "I'm not sure the government entirely realizes how big a task it's taken on for itself, but I do applaud the meaningful progress these regulations represent." Mr. Bernstein described the hurdles to implementing the 15 percent cost-sharing provision in the electronic health records exception. "There may be things hospital donors want to pay for and there may be things that they don't. There also may be things they are precluded from paying for that are still rolled into the package," he said.
Stephen W. Bernstein, Bernadette M. Broccolo, Health
Michael Peregrine was quoted in the August 12 issue of Outpatient Surgery Magazine in the article, "How Did CMS Settle on 62 Percent?" The article discussed that beginning in 2008, the Centers for Medicare and Medicaid Services would pay surgery centers 62 percent of what they pay hospital outpatient departments for providing the exact same procedures, even as they planned to eradicate ASC procedure groupers and link ASC payments to those hospitals that receive under OPPS. Mr. Peregrine was quoted saying that "It's important to note that the 62 percent relationship wouldn’t be permanent. Under the proposed methodology, CMS would recalculate the two conversion factors each year, and the hospital–ASC payment relationship would vary accordingly."
Michael W. Peregrine, Ambulatory Surgery Centers (ASC), Health, Managed Care
Chip Kerby was quoted in the August 11 issue of Inside Consumer-Directed Care in an article about the final HSA comparability guidance issued by the Treasury Department that went into eddect July 31. "Alot of employers use outside advisors to ensure that they're compliant with the rules. And there weren't many advisors that were very comfortable with the proposed [comparability] rules," he said. "Prior to this guidance, we scratched our heads when the [IRS] said 'through a cafeteria plan.' But now it's very clear," he added.
, Consumer-Driven Health Care, Employee Benefits & Pensions, Health
Michael Peregrine was quoted in the August 10 issue of BNA's Health Law Reporter in the article "State Appeals Court Affirms Sanctions in Derivative Action Against Nonprofit Board." Mr. Peregrine was quoted saying that the decision "is very significant in that it is one of the rare instances where we have seen a 'derivative' cause of action used in the nonprofit health care context."
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted by Modernhealthcare.com on August 7 regarding oversight of executive pay, bonuses and perks among not-for-profit health systems. Mr. Peregrine was quoted saying that "not-for-profit system officials and consultants argued results revealed solid governance and a heightened sensitivity to calls for greater oversight of tax-exempt charities pay to keep top executives."
Michael W. Peregrine, Health, Tax Exemption
Eric Zimmerman was quoted in the July 21 issue of BNA's Medicare Report in an article about how a provision of the Deficit Reduction Act of 2005 will place a hold on Medicare payments for Part A and Part B claims for the last nine days of fiscal year 2006. Mr. Zimmerman noted that he told BNA that the payment delay is not something providers should be concerned about. "It may affect cash flow, but not significantly," he said. Mr. Zimmerman was also quoted saying, "It's an accounting trick that Congress used to contain the overall cost of the bill. By shifting some of the costs into later years, they were able to achieve the overall spending goals that they needed to be within."
Eric Zimmerman, Health, Managed Care
Doug Mancino and Christopher Jedrey were quoted in the July 5 issue of Tax Notes Today in an article discussing reactions to a recent questionnaire the IRS sent to tax-exempt hospitals inquiring about compensation practices and how much community benefits provide. "While the questionnaire asks good questions, answering some of them calls for multifaceted responses that don’t lend themselves to easy yes-or-no answers," said Mr. Mancino. Chris Jedrey also mentioned that he thinks bad debt is often synonymous with charity care. "I understand why the IRS wants to treat them as separate and distinct. However, a lot of hospitals don’t see a ‘clear bright line’ between bad debt and charity care," Mr. Jedrey added.
Christopher M. Jedrey, Douglas M. Mancino, Health, Tax Exemption
Michael Peregrine was quoted in the July 5 issue of BNA's Health Law Reporter in the article "Court Blasts Prosecutors in KPMG Case; Ruling May Impact Health Care Investigations." The case is expected to impact the conduct of government investigations in many sectors, including health care. Mr. Peregrine noted that "the whole debate should also prompt health care corporations to revisit the indemnification and insurance protections they provide officers and directors."
Doug Mancino was quoted in the June 28 issue of The New York Times in an article regarding the problematic new practice of private doctors: they set up tax-exempt charities from which drug companies and medical device makers gain millions of dollars a year in donations. Mr. Mancino stated that these small organizations are off the radar screen; problems would occur when donations go toward expenditures normally a part of the practice's business cost. "If they're really underwriting normal business expenses to the group, then I think you have a problem," he mentioned.
Douglas M. Mancino, Health, Tax Exemption
Eric Zimmerman was mentioned in the June 2 issue of BNA’s Medicare Report in an article titled, "CMS Survey Seeks Financial Information for Specialty Hospital Report to Congress." Mr. Zimmerman was quoted saying that the survey is of a sensitive nature, seeking detailed information about physician investors in acute-care or specialty hospitals and about common joint venture arrangements between hospitals and physicians.
Michael Peregrine was quoted in the June 1 issue of BNA’s Health Law Reporter in an article regarding the IRS community benefit questionnaire, recently sent to hundreds of tax-exempt hospitals. "The questionnaire goes to the heart of a hospital's tax-exempt status and needs to be responded to with care, attentiveness and accuracy," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Eric Zimmerman was quoted by Surgicenteronline.com in their June 2006 issue regarding compensation for orthopedic surgeries. Zimmerman notes that the Centers for Medicare and Medicaid Services (CMS) is currently working on a proposal to re-base ambulatory surgery center rates, and that the agency is expected to come out with a proposal to implement new payment amounts for ASC services, probably by the end of the summer or early next fall.
Eric Zimmerman, Ambulatory Surgery Centers (ASC), Health, Managed Care
Eric Zimmerman was quoted in the May 15 issue of Modern Healthcare in regards to a CMS report that focused on payment revisions for hospital inpatient and ambulatory surgical center services. The report also defined what a hospital is and reviewed procedures for enrollment. "The most significant (aspect) is that it signals that CMS is not likely going to be making the types of changes that opponents had hoped for."
Eric Zimmerman, Health, Managed Care
On May 10, McDermott was mentioned by name in The Wall Street Journal, The New York Times, Bloomberg, Associated Press, The Cleveland Plain Dealer, Business Week Online, WashingtonPost.com and MSNMoney.com as counsel for Cleveland Clinic in a matter the national media have been following. The Firm conducted a comprehensive review of policies, procedures and practices of trustees and phyisicians with respect to disclosure and management of relationships giving rise to conflicts of interest in governance, clinical decisions, scientific research and related publications.
Michael Peregrine was quoted in the May 5 issue of Rocky Mountain News in the article “Salaries Soar for Hospital Execs.” Mr. Peregrine said the allegations of excessive compensation at nonprofits is a very juicy story. "Politicians love to make hay of this,” he said. “But we have to come back and look at what the law allows. There is no inherent obligation to pay less at nonprofits."
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in the May 4 issue of BNA's Health Law Reporter regarding executive compensation processes of nonprofit hospitals. He suggested they "focus on known 'trouble spots' independence of the process, including both committee members and advisers, transparency to the board of the recommendations, committee and board comprehension of retirement benefits and clarification of travel, entertainment, and discretionary expenditures."
Michael W. Peregrine, Executive Compensation, Health, Tax Exemption
Michael Peregrine was quoted in the April 20 issue of BNA's Health Law Reporter regarding the U.S. Sentencing Commission's April 5 vote to remove language in the Sentencing Guidelines that puts pressure on corporations under criminal investigation to waive attorney-client privilege and work product protection as a condition of being deemed cooperative with prosecutors. "The change will affect any regulated organization that has a compliance plan, including those in the health care industry," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Michael Peregrine was quoted in the April 17 issue of Modern Healthcare regarding the Government Accountability Office’s second series of "soft-contact-audit" letters after a batch the GAO mailed earlier this year. "The GAO inquiry is distinct from the IRS probe,” Mr. Peregrine said. "Tax-exempt hospitals are facing two separate inquiries with overlapping issues this year."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Eric Zimmerman was quoted in the March 31 issue of BNA’s Medicare Report in the article "DRA's Medicare Reduction of $6 billion Reflects Reluctance to Reduce Spending." Regarding the Deficit Reduction Act of 2005 (DRA), Mr. Zimmerman said the budget resolution that is emerging from the Senate budget committee does not call for Medicare spending reductions. "Nevertheless, the House has not yet completed its resolution on the 2007 budget and may require Medicare to put spending reductions on the table," he said.
Eric Zimmerman, Health, Managed Care
Michael Peregrine was quoted in the March 27 issue of Modern Healthcare in an article regarding charity care accountability. "The tax-exempt status of non-for-profit hospitals probably won’t be revoked," Mr. Peregrine said, "But the IRS has said it fully intends to audit up to 650 hospitals this year to determine if they are complying with the community-benefit standard, ambiguous as it is."
Michael W. Peregrine, Health, Tax Exemption
Ankur Goel was quoted in the March 13 issue of BNA's Health Care Daily Report in the article "Rebate Disclosures for Drug Plans Seen as Burden, Possible Legal Risk." According to Mr. Goel, CMS' recent call letter stipulates that Part D sponsors have an obligation to find out about drug maker rebates and discounts paid to pharmacy benefit managers and long-term care pharmacies, report them to CMS, and reduce their charges to the federal government accordingly. "This would be a fairly significant policy if they finalize it that way," Mr. Goel said. "Right now, Part D sponsors don’t always know the amounts of these rebates," and not all of the rebates are passed along to the sponsors, he added.
Anne Hance was quoted in the March 10 issue of BNA's Medicare Report in the article "Draft Formulary, Transition Guides Have Strict Standards, New Timelines for 2007." Ms. Hance asserted the documents try to target problem areas, but mostly "maintains a similar approach" as those for the 2006 plan year. She said this is probably because CMS only had a couple of months of actual beneficiary experience to draw upon. "It will be interesting to see what the agency will do for 2008. We could potentially see significant changes," she said.
Anne W. Hance, Health, Managed Care
Joel Michaels was quoted in the March 10 issue of BNA's Medicare Report in the special report "Draft Formulary, Transition Guides Have Strict Standards, New Timelines for 2007." Mr. Michaels said the transition document is a reaction to he litany of problems that have occurred during the benefit’s implementation, particularly for residents of long-term care facilities and patients already stabilized on medications for psychiatric illnesses.
Michael Peregrine was quoted in the February 20 issue of Modern Healthcare in the article, "Keeping the Heat On," regarding continued scrutiny of healthcare organizations by the Internal Revenue Service. Mr. Peregrine said the multi-fronted assault on not-for-profit hospitals is partly driven by government officials angry at perceived abuses of tax-exempt status and hungry for tax revenue in an era of state and federal budget cuts. "Congress is pressuring the service to increase regulatory scrutiny of tax-exempts and it has a tremendous influence over the IRS," he said.
Michael W. Peregrine, Health, Tax Exemption
Doug Mancino was quoted in the February 20 issue of Modern Healthcare in the article, "More Scrutiny from Team IRS," regarding continued "coordinated examination procedure" audits of hospitals and other tax-exempt organizations. Mr. Mancino said the standards remain the same for the comprehensive CEP audits, now know as "team examinations," which typically scrutinize everything on a tax-exempt organization’s IRS Form 990. But the selection criteria for organizations targeted for an audit are less complex.
Douglas M. Mancino, Health, Tax Exemption
Doug Mancino was quoted in the February 20 issue of Modern Healthcare in the article, "Keeping the Heat On," regarding continued scrutiny of health care organizations by the Internal Revenue Service. Mr. Mancino said the reason that the soft-contact audits—the initial inquiries from the IRS—haven't resulted in more penalties is that most hospital compensation practices are fairly well-advanced and already meet compliance requirements. "These audits exposed some flaws," he said.
Douglas M. Mancino, Health, Tax Exemption
Eric Zimmerman was quoted in the February 10 issue of BNA's Medicare Report in the article "Budget Bill: Hospitals Spared Cuts, Specialty Report Due." Regarding the new Deficit Reduction Act, Mr. Zimmerman said the specialty hospital provisions in the act are "really mixed." The bill demonstrates that Congress has rejected, or displayed its unwillingness to address, the specialty hospital issue from an ownership perspective, he said. "I think you have a lot of would-be developers looking at this as if not a green light, certainly amber. It's a cautious environment."
Eric Zimmerman, Health, Managed Care
Chris Jedrey was quoted in the February 10 issue of The Boston Globe regarding electronic medical records. "Without electronic records, physicians will have difficulty performing in the future under insurance companies' pay-for-performance contracts," said Mr. Jedrey.
Michael Peregrine was quoted in the January 30 issue of Modern Healthcare in the article, "States Turn Up the Heat." Mr. Peregrine said not-for-profit boards will likely continue to face "disproportionately high regulatory pressure" to refine their governance policies relating to executive travel and benefits such as automobiles and housing. "In my judgment, states are better able to deal with issues of oversight," he said. "State government is closer to the front line."
Michael W. Peregrine, Health, Tax Exemption
Russell Hayman was quoted in the January 25 issue of Cal Law in the article "Medicare May Face Fraud Epidemic." With a steady stream of government cash lurking above the $5,100 mark, the eligibility gap "donut hole" gives an incentive for pharmacies "to report greater costs than what they actually incurred to qualify the other side of the donut hole," Mr. Hayman said. "I have never understood, from a legislative perspective and from a policy perspective, what was gained by creating the donut hole."
Russell Hayman, Health, Managed Care, Trial
Eric Zimmerman was quoted in the January 13 issue of BNA's Medicare Report in the article "Medicare Part D Drug Benefit Brings Significant Program Changes, Uncertainty." Regarding the new Medicare drug benefit, Mr. Zimmerman said, "Congress will be torn between wanting to create incentives in the program to entice beneficiaries to enroll and needing to contain program costs that are almost assuredly going to be higher than expected."
Eric Zimmerman, Health, Managed Care
Jerry Sokol was quoted in the January 2006 issue of Ambulatory Surgery Compliance & Reimbursement Insider regarding three legal business models ASCs can consider to profit from professional anesthesia.
Jerry J. Sokol, Ambulatory Surgery Centers (ASC), Health
Jerry Sokol was quoted in the January 2006 issue of Ambulatory Surgery Compliance & Reimbursement Insider regarding three legal business models ASCs can consider to profit from professional anesthesia.
Jerry J. Sokol, Ambulatory Surgery Centers (ASC), Health
2005
Eric Zimmerman was quoted in the December 20 issue of BNA's Health Care Daily Report in an article about the U.S. House of Representatives voting on December 19 to extend the current restrictions on the enrollment of new physician-owned, specialty hospitals. Mr. Zimmerman told BNA the bill contains a "healthy mix of things," but noted that many of the Medicare provisions are in effect for only one year, requiring lawmakers to revisit the issues in 2006.
Eric Zimmerman, Health, Managed Care
Eric Zimmerman was quoted in the December 20 issue of BNA’s Health Care Daily Report in an article about the House of Representatives voting on Dec. 19 to extend the current restrictions on the enrollment of new physician-owned, specialty hospitals. Mr. Zimmerman told BNA the bill contains a “healthy mix of things,” but noted that many of the Medicare provisions are in effect for only one year, requiring lawmakers to revisit the issues in 2006.
Eric Zimmerman, Health, Managed Care
Michael Peregrine was quoted in the October 31 issue of Modern Healthcare in the article "IRS Turns Up the Heat: Agency May Seek Data on Compensation, Benefits," advising not-for-profit hospitals to prepare for additional scrutiny from Washington concerning their tax-exempt status. "The underlying issue is: What is an individual hospital doing in terms of programs and activities to provide 'community benefits,' in order to justify their continued tax-exempt status," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Michael Anthony was quoted in the October 24 issue of American Medical News in the article "After the Breakup: What Doctors Can Do When Hospitals Split Up." Mr. Anthony said the impact of ending a long-standing partnership can be keenly felt by physicians and may be a drain on their time. "It leaves physicians in a position of spending a lot of time reconstituting things and dealing with administrative things," he said. "It's very difficult on the doctors, and physicians don’t have a lot of time [for it]. This is carve-out time from their practice."
Christopher Jedrey was quoted in the October 2005 issue of The Exempt Organization Tax Review in an analysis of the Internal Revenue Service's proposed regulations addressing intermediate sanctions. Mr. Jedrey said the proposed regulations "provide useful guidance on significant, but in practice rarely encountered, circumstances."
Christopher M. Jedrey, Health, Tax Exemption
Michael Peregrine was quoted in the October 2005 issue of The Exempt Organization Tax Review in an analysis of the Internal Revenue Service's proposed regulations addressing intermediate sanctions. Mr. Peregrine said the proposed regulations will "raise the stakes" on the substance of an executive officer's intermediate sanctions review process. "I view these regulations as positive from the perspective of providing useful guidance, incentive for closer internal review of potential excess benefit transactions, and enhancing the importance of having the compliance officer focus on tax, as well as other, principal legal issues," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in the September 19 issue of Modern Healthcare in an article regarding the IRS's proposed regulations that would threaten the tax-exempt status of not-for-profit hospitals and other 501(c)(3) organizations for committing excess-benefit transactions. With the proposed regulations, Mr. Peregrine said, the proposed rules for the first time expressly link maintaining exemption to avoiding excess-benefit transactions. "The proposed regulations put a real premium on internal tax compliance, another task for the compliance officer, because the IRS says things will go better if the organization finds the excess-benefit transaction itself and makes a good faith attempt to fix it before the IRS finds out," he said.
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in the September 14 issue of Tax Notes Today regarding the IRS's released proposed regulations that seek to explain the circumstances under which the IRS will both impose intermediate sanctions and revoke tax-exempt status when excess benefit transactions involving exempt organizations occur. Mr. Peregrine said the proposed regulations will "raise the stakes" on the substance of an exempt organization's intermediate sanctions review process. He pointed out that now, for the first time, an exempt organization can be liable for excess benefit transactions by losing exemption; until now only the transaction participants were penalized. "That will back up general counsel who advise their clients to closely scrutinize potential excess benefit transactions," he predicted.
Michael W. Peregrine, Health, Tax, Tax Exemption
Michael Peregrine was quoted in the September 12 issue of BNA's Health Care Daily Report in regard to the IRS's September 8 proposed intermediate sanctions regulations that define when excess benefit transactions may place a nonprofit organization's exemption at risk. Mr. Peregrine said the proposed rules state "in clear terms that, if individuals associated with an organization engage in excess benefit transactions, the organization's exempt status will be at risk in appropriate circumstances."
Michael W. Peregrine, Health, Tax, Tax Exemption
Chip Kerby was quoted in the September 9 edition of Inside Consumer-Directed Care in an article about how Aetna and CIGNA Healthcare are improving price transparency with new services. New HSA regulations proposed by the Treasury Department could make it difficult for employers to reward employees who participate in wellness programs. The proposal also would prevent employers from making larger HSA contributions to lower-paid employees unless the HSAs are offered through a cafeteria plan. "There shouldn't be anything wrong with making a larger [HSA] contribution to rank-and-file employees, or to different bargaining units," said Mr. Kerby. He also noted, however, that the problem is more with the comparability rule itself than it is with the Treasury Dept.'s latest interpretation. This rule, Mr. Kerby explained, was developed for Archer medical savings accounts, which were available only to small employers and the self employed.
, Consumer-Driven Health Care, Employee Benefits & Pensions, Health
Michael Peregrine was quoted in the August 25 issue of BNA's Health Law Reporter regarding the decision by the Minnesota District Court in favor of Medica Health Plans (Minnesota v. Medica Health Plans). Mr. Peregrine said the decision was noteworthy to the extent that it places certain boundaries on the otherwise broad jurisdiction of the attorney general with respect to oversight of nonprofit organizations and their boards. "It also serves as a reminder that corporate directors can successfully defend themselves against breach of fiduciary duty claims, despite the heated nature of the rhetoric applied against them," he added.
Michael Peregrine was quoted in the August 8 issue of Modern Healthcare in the article "Hard to Handle: New Guidance Helps Boards Navigate Sarbanes- Oxley." The Public Company Accounting Oversight Board on July 26 released rules on auditor independence that essentially makes is easier for hospitals and systems to hire their auditing firms to perform tax-related services. "Even if the standards issued by the PCAOB, which was created by Sarbanes-Oxley, don't apply directly to not-for-profit hospitals and systems," said Mr. Peregrine, "the standards should be viewed in the same way Sarbanes-Oxley is: as representing good policy."
Michael W. Peregrine, Health, Tax Exemption
Michael Anthony was listed as one of Nightingale's Healthcare News' "Outstanding Hospital Lawyers - 2005" in the July/August issue. Mr. Anthony was recognized for his recent work with TriHealth, a hospital system in Ohio, on its combination with a large medical group to expand an integrated delivery system; for his work with Promedica Health Systems on growth strategies; and for his work as general counsel to several large hospital-based systems.
Michael F. Anthony, Health, Health - General Counsel
Michael Peregrine was quoted in the August 1 issue of Modern Healthcare in the article "Providing Incentives: Execs See Modest Pay Gains as Focus Turns to Quality." As governing boards face scrutiny for how much executives get paid, healthcare executives can expect dwindling guarantees on their compensation. "Good governance put the focus on how the board arrives at compensation," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Marilyn Lamar was quoted in the July 25 issue of The Deal regarding the implications of making medical records available online, specifically in reference to HIPAA regulations.
Eric Zimmerman was quoted in the July 14 issue of BNA's Health Care Daily Report in the article "Ambulatory Surgical Centers Relieved by Recent Rule, but Want New Pay System." Regarding the Centers for Medicare & Medicaid Services' decision to expand the number of procedures Medicare will cover if performed in ASCs, Mr. Zimmerman told BNA "there was some degree of relief that CMS did not proceed with many of the proposed deletions from [November 2004], and that they also added more procedures" than originally proposed. He noted, however, that there was also a great deal of disappointment that many other procedures were not added.
Eric Zimmerman, Ambulatory Surgery Centers (ASC), Health
John Callahan was quoted in the Summer 2005 issue of Outsourcing Essentials in the article "What critical factors must a company take into consideration when deciding which law firm to hire?" Mr. Callahan said companies must look for experienced lawyers when considering an outsourcing transaction. "Recognizing the complexity of most outsourcing contracts, it makes sense to hire legal advisors who have developed an expertise in negotiating the agreements typically used to outsource services. Lawyers who specialize in outsourcing are accustomed to reviewing outsourcing agreements, know how to cut through the morass of text and get to the heart of what is important. This includes negotiating meaningful performance standards."
John M. Callahan, Health, Telecom - Outsourcing
Bernadette Broccolo was quoted in the June 27 issue of Modern Healthcare in the article "A Higher Standard" regarding the latest report from the Panel on the Nonprofit Sector that included 120 proposals for improving accountability and transparency for all not-for-profits. "I'm not a betting person, but my instinct tells me that we're going to get reform," Ms. Broccolo said. "And that reform will draw on the panel's proposals for ideas. The IRS has already outlined steps not-for-profits can take to show that their governing boards diligently sought out and evaluated appropriate salary data. If a full board or an authorized committee, none of which have a conflict of interest, approved compensation in advance; used comparable compensation data to arrive at an offer; and documented the rationale for a decision as it's being made, then the responsible board members have established a rebuttable presumption."
Bernadette M. Broccolo, Health, Tax Exemption
Robert Nicholas was quoted in the June 23 issue of The Boston Globe in an article addressing medical device companies' procedure on product recalls.
Michael Peregrine was quoted in Modern Healthcare on June 20, in the article "Economists Onboard." Regarding the possibility of the Senate Finance Committee passing new guidelines for not-for-profit businesses, Peregrine said "A lot of boards are going to have even more of an incentive to appoint people who bring a certain level of expertise. But the boards of larger, more sophisticated healthcare organizations are already looking to broaden their perspective. These billion-dollar-a-year organizations are looking to raise the bar, and they're well-served by having in their midst someone with broad experience." Even though the toughest new federal accounting rules don't yet apply to not-for-profit hospitals, the message remains clear: "The spin-off from Sarbanes-Oxley is to seek people with specific expertise, especially in the areas of healthcare financing," Peregrine said.
Michael W. Peregrine, Health, Tax, Tax Exemption
Russ Hayman was quoted in the June 13 issue of the National Law Journal in regard to corporate integrity agreements negotiated with the U.S. Department of Health and Human Services' office of the inspector general as a common form of corporation probation.
Russell Hayman, Health, Health Care Litigation, Trial
Eric Zimmerman was quoted in BNA's Medicare Report on June 10 in the article "Moratorium for Speciality Hospitals Ends; Providers Say Future Construction Unclear." According to Mr. Zimmerman, "under the former moratorium there were a number of ambiguities in the law that left ample room for would-be developers. The chances are that under a new moratorium, the ambiguities will continue to exist and developers may take advantage of them."
Eric Zimmerman was quoted in BNA's Health Care Daily Report on June 9 in an article regarding the June 8 expiration of the moratorium for new speciality hospitals. "Congress has sent a signal that there is a good likelihood that whatever extensions of the moratorium enacted will be retroactive. Developers should not look at this [the expiration of the moratorium] as a lapse period," Mr. Zimmerman said.
Michael Peregrine was quoted in the June 3 issue of Health Law Reporter in the lead article "Ways and Means Hearing, Grassley Letter Keep Congress' Foot on Nonprofit Hospitals." Mr. Peregrine said the May 26 hearings suggest "an increased likelihood" that Congress will propose nonprofit oversight legislation that could refine the criteria for tax-exempt hospitals and dictate nonprofit governance standards. "I think is fairly clear from the confluence of the Grassley letter and the focus of the hearings that Congressional leaders believe that the nonprofit, tax-exempt hospital industry deserves special legislative attention with respect to the criteria by which 501(c)(3) status is preserved under the Internal Revenue Code," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Chip Kerby was quoted in the June 1 issue of Employee Benefits News in an article about the Medicare prescription drug benefit and how most employers are expected to take advantage of the government subsidy for retiree plans. "Coordinating benefits with Parts A and B is simpler because employers know what the charges are going to be. Right now, though, they do not know what Medicare will pay for certain drugs, as the pricing and formulary will not be finalized until later his year," Mr. Kerby said.
, Employee Benefits & Pensions, Health, Managed Care
Eric Gordon was listed as one of Nightingale's Healthcare News' "Outstanding Fraud & Compliance Lawyers - 2005," in the May/June issue. Mr. Gordon was recognized for his experience in developing compliance plans, structuring complex business transactions and developing compensation plans for academic medical centers, hospital systems, medical device manufacturers and research institutes. He was also recognized for his work as Stark counsel in False Claims Act qui tam litigation.
Eric B. Gordon M.D., Health, Reimbursement/Fraud & Abuse
Eric Zimmerman was quoted in Modern Healthcare on May 30 in an article regarding the moratorium on physician self-referral to specialty hospitals that is set to expire June 8, 2005. "I think there are very clear signals that any extension of the moratorium is very much in doubt right now," said Mr. Zimmerman. "Making it permanent is highly unlikely."
Eric Zimmerman, Health, Health Ventures/Physician Transactions
Eric Zimmerman was quoted in BNA Medicare Reporter on May 13 regarding the proposed Hospital Fair Competition Act of 2005. "The bill effectively precludes specialty hospitals from whole hospital exception in the Stark physician self-referral law, but does not define specialty hospitals further than how they are defined in the 2003 Medicare law," he said. "The law remains vague about what defines a specialty hospital, and the Grassley-Baucus bill potentially leaves room for physician-owners to adjust their models to provide a greater number of services but essentially function still as single-specialty facilities, eligible for Medicare and Medicaid reimbursement." He added the bill "would have the intended effect of preventing specialty hospital developers from opening new facilities, at least in the short term, because Grassley and Baucus were clear in the legislation that they intended the bill to be enacted retroactively."
Gary Scott Davis was quoted in the May 2005 issue of Managed Care in the article "Are Consumers Really Directing Their Own Care?" Mr. Davis said that while people often believe that the consumer becomes the epicenter of the decision-making process in consumer-directed health plans, that's not entirely true. "For consumer-directed health plans to really get the benefit of what they are supposed to be achieving -- which is overall reduction in the cost of health care -- they can't simply say to the consumer 'Take responsibility.' Many people would argue that that is naive at best and -- at worst -- irresponsible."
Gary Scott Davis, Consumer-Driven Health Care, Health
Michael Peregrine was quoted in the April 14 issue of Health Law Reporter in an article regarding the April 5 Senate Finance Committee hearing to discuss changes addressing compensation issues and business operations of nonprofit health care organizations to improve transparency. Mr. Peregrine said, "In particular, the larger health systems ought to take very close note of Commissioner Everson's comments on the similarity of the nonprofit and for-profit models among health care systems." Leadership can expect to be both "perplexed and chagrined by the several proposals to eliminate the rebuttable presumption of reasonableness under the IRS' intermediate sanctions rules," Mr. Peregrine added.
Michael W. Peregrine, Health, Tax, Tax Exemption
William Smith was quoted in the April 4 issue of Modern Healthcare on proposed rules in the bankruptcy bill regarding bankruptcy hospitals and nursing homes exiting from Medicare and Medicaid. Bill commented that when a hospital or nursing home bankruptcy has arisen the various court circuits have handled the situation differently. Some circuits have decided that the CMS can exclude a provider in bankruptcy from Medicare without going through the bankruptcy courts while other circuits require that bankruptcy courts be involved in the decision.
William P. Smith, Health, Restructuring & Insolvency
Russ Hayman was quoted in the March 14 issue of Report on Medicare Compliance. In the article entitled "Nursing Home Was Sold Before Conviction," he commented on the government wielding multiple enforcement weapons at a wayward facility. Mr. Hayman stated, "It's just a question of how much the authorities want to pile on." The standard for proving a crime is the hardest to meet. He continued, "if that's met, they can pile on civil penalties and administrative penalties."
Russell Hayman, Health, Health Care Litigation, Trial
Paul Lawrence was selected as one of Nightingale's Healthcare News', "2004 Outstanding Healthcare Transaction Lawyers." Paul will be presented this prestigious award at a dinner in conjunction with the Sixth Annual Conference on Healthcare Transactions, sponsored by Renaissance American Management, Inc. and the BeardGroup. For more information on this conference and awards dinner, visit http://www.healthcaredatasource.com/healthcare_transactions_conference.html/.
Paul F. Lawrence, Health, Health Ventures/Physician Transactions
Michael Peregrine was quoted in the February 17 issue of Health Law Reporter in an article regarding the most recent chapter of an ongoing compliance review of Minnesota's nonprofit health care organizations by Attorney General Mike Hatch. Although the report reflects only one Attorney General's interpretation of the law, Mr. Peregrine stated that "it may have broader significance, outside Minnesota, than one might think at first glance… With respect to charity care, nonprofit hospitals are well advised to set aside concerns about the strength of his legal interpretations and his jurisdictional basis, and to focus more on the ‘big picture' projected by his compliance reviews."
Michael W. Peregrine, Health, Tax, Tax Exemption
Max Reynolds was quoted in the February 16 issue of Health Care Fraud Report in an article regarding a gainsharing arrangement reached between an unnamed hospital and a group of heart surgeons. The Inspector General (IG) of the Department of Health and Human Services gave approval for the venture which proposes cost-cutting recommendations for operating room practices that result in inappropriate or wasteful use of medical supplies. However, some health care lawyers do not see the IG's advisory opinion breaking new ground in the gainsharing area. "It doesn't advance the ball all that much," Mr. Reynolds stated.
, Health, Health - General Counsel
Max Reynolds was quoted in the February 4 issue of Modern Healthcare's Daily Dose regarding the issue of hospital gain-sharing. "Hospitals should take solace in the MedPac recommendation and the fact that the inspector general's office has told providers more advisory opinions on gain-sharing will be forthcoming...but this opinion doesn't provide that much additional cover or assistance."
, Health
Amy Gordon was quoted in the February issue of CFO Magazine in regard to company wellness programs and how it relates to employee and health privacy issues. "With the Health Insurance Portability and Accountability Act bona fide wellness program guidance still in proposed form, there have currently been no published cases focusing on discrimination issues with regard to employer-sponsored workplace wellness programs," commented Ms. Gordon. She continued by saying these cases could take years to show up in the court system.
Amy M. Gordon, Employee Benefits & Pensions, Health, HIPAA
Michael Peregrine was quoted in "With Charity for All?" published in the February issue of Corporate Counsel in regard to nonprofit organizations choosing to implement some of the Sarbanes-Oxley provisions. Mr. Peregrine commented that the efforts by nonprofit corporations to effect these reforms within their own governance structure is a "validation that people think Sarbanes-Oxley principles make good sense. But it is also a sign that [GCs] want to keep their organizations out of trouble." In addition, a sidebar story, "Both Sides Now," written by Mr. Peregrine accompanied this article, and addressed why general counsels of nonprofit organizations are becoming champions of "corporate responsibility."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Michael Peregrine was quoted in the January 31 issue of Modern Healthcare in an article detailing the challenges faced by the University of Iowa Hospitals and Clinics following the resignation of the president of Iowa's Board of Regents, John Forsythe. Attorney General Tom Miller believed that Forsythe's position as CEO of Wellmark Blue Cross and Blue Shield prevented him from exercising supervisory authority as Regent president without running afoul of the law prohibiting conflicts of interest. Mr. Peregrine stated, "Iowa's difficulties are likely to surface elsewhere, as more hospital systems work to improve oversight by bringing experienced business executives to their boards."
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in the January 31 issue of the National Law Journal in regard to nonprofit organizations choosing to implement some of the Sarbanes-Oxley provisions. Mr. Peregrine commented that the efforts by nonprofit corporations to effect these reforms within their own governance structure is a "validation that people think Sarbanes-Oxley principles make good sense. But it is also a sign that [GCs] want to keep their organizations out of trouble."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax, Tax Exemption
Michael Peregrine was quoted in the January 20 issue of BNA's Health Law Reporter regarding the U.S. Supreme Court's ruling that U.S. Sentencing Guidelines violated the Sixth Amendment right to a jury trial. Mr. Peregrine commented that the ruling in no way lessens the need to heed policy considerations behind U.S.S.G. Chapter 8 on compliance plans. "Regardless of what the Supreme Court said, my guess is that these considerations will survive as they reflect the view of regulators and of courts concerning the director's oversight obligations," commented Mr. Peregrine.
Doug Mancino was quoted in the January 6 issue of Health Law Reporter in an article regarding a review by the IRS of executive compensation arrangements utilized by tax-exempt organizations to reward their top officers. Although no cases have surfaced yet, lawyers representing nonprofit health care organizations will be watching this area closely in 2005. Mr. Mancino stated that the attention to the health care industry's practices makes sense "seeing as hospital executives are among the most highly compensated in the [charity] sector."
Douglas M. Mancino, Health, Tax, Tax Exemption
Michael Peregrine was quoted in the January 6 issue of Health Law Reporter in an article regarding a review by the IRS of executive compensation arrangements utilized by tax-exempt organizations to reward their top officers. Although no cases have surfaced yet, lawyers representing nonprofit health care organizations will be watching this area closely in 2005. Mr. Peregrine stated, "I think these high-profile cases will jolt some health care organizations which heretofore thought that their own executive compensation processes were meeting IRS standards."
Michael W. Peregrine, Health, Tax, Tax Exemption
2004
Chip Kerby was quoted in the December 20 issue of theAmerican Medical News in regard to Health Savings Accounts (HSAs). "HSAs allow people with high-deductible health insurance plans to contribute to an account that can be used to pay for a broad variety of qualified medical expenses ranging from hospital inpatient stays to over-the-counter drugs", commented Mr. Kerby.
, Employee Benefits & Pensions, Health
Eric Zimmerman was quoted in the December 6 issue of Part B News in an article regarding how next year there may be 25 new procedures payable to the ASCs under a proposed CMS revision to the ASC list. Mr. Zimmerman believes the proposed changes could hurt single-specialty urology ASCs the most. He added that a number of the codes set to be taken off the list are urology codes often done in ASCs.
Eric Zimmerman, Ambulatory Surgery Centers (ASC), Health
Eric Zimmerman was featured in the December 2004 issue of Today's Surgicenter in an article entitled, "Who's Who in the Ambulatory Surgery Industry." The magazine's readers were asked to nominate outstanding individuals, facilities and organizations that serve the outpatient health care community. Mr. Zimmerman was chosen as a recognized Medicare law and policy authority who helps clients navigate federal legislative and regulatory processes, improve reimbursement and maintain compliance. Mr. Zimmerman stated, "I happened into health care, but the minute I got involved, I was hooked, and my interest and dedication have not wavered since."
Eric Zimmerman, Ambulatory Surgery Centers (ASC), Health
Eric Zimmerman was quoted in the November 24 issue of BNA's Daily Report for Executives in an article regarding how the Centers for Medicare & Medicaid Services has proposed to update the list of Medicare-covered procedures that are reimbursed when performed in ambulatory surgery centers. Mr. Zimmerman found the proposal "disappointing." Although CMS has received dozens of procedures to consider as additions, the agency has not undertaken a meaningful review in nearly a decade, he said.
Ralph DeJong was quoted in the November 22 issue of Health Care Daily in an article regarding the proposed rules issued by the IRS and how they are extremely favorable for nonprofit health care organizations. Ralph agrees. "Employees will have more flexibility to move between vendors and contracts than they previously had," Mr. DeJong said. "On the other hand, they may have to look to their employer than previously to determine to which vendors they will have access," he added.
Ralph E. DeJong, Health, Tax Exemption
Michael Peregrine was quoted in BNA's Health Law Reporter on November 18 in regard to a Delaware Chancery Court decision in which several directors were held liable for breach of their fiduciary duties in good faith and loyalty. Mr. Peregrine commented that this is the second of three expected Delaware court decisions addressing director conduct post Sarbanes-Oxley. He continued by saying the cases are noteworthy because together they have the potential to impose a higher standard of care for directors with specialized knowledge.
Michael W. Peregrine, Corporate Responsibility and Governance, Health
Christopher Jedrey was quoted in the October 4 edition of Modern Healthcare in an article regarding hospital mergers. "Back in the early '90s, hospital mergers were the big thing. The theory was: 'Let's just do it. You agree at the board level, merge a bunch of hospitals into a system and we'll just work out any transitional issues that develop in the future.' Well, they often didn't work."
Michael Peregrine was quoted in the August 11 issue of The New York Times in response to the announcement by the IRS that they have begun and also broadened their inquiry of nonprofit organizations' executive compensation. "So many organizations were assuming this wouldn't apply to them, and it's clear that the scrutiny is going to be much broader," commented Michael.
Michael W. Peregrine, Executive Compensation, Health, Tax Exemption
Bernadette Broccolo was quoted in BNA's Daily Tax Report on August 11 regarding the new IRS enforcement effort to stop abuses by groups that award excessive compensation and benefits to officers and insiders. Ms. Broccolo said she will advise her clients that they should be doing internal reviews of compensation to look at things like rebuttable presumption procedures and how they are reporting compensation on Form 990. She noted that organizations should make sure there is ample comparability data and that the body that decides compensation is independent.
Bernadette M. Broccolo, Health, Tax, Tax Exemption
Chris Jedrey was quoted in August 2004 edition of HealthLeaders in an article regarding the merger of four multispeciality groups in Massachusetts. Harvard Vanguard, Dedham Medical Associates, Southboro Medical Group and South Shore Medical Center merged in January under a proposed tax-exempt nonprofit patent corporation, HealthOne Care System, Inc. "This is not a '90s-style integration system brought together to beat on the payors," Mr. Jedrey commented. Instead, HealthOne is a collaborative effort that even the managed care companies embraced, said Chris. More feet under the negotiating table has upped reimbursement in Boston's "very competitive" market, he added.
Christopher M. Jedrey, Health, Tax Exemption
Ankur Goel was quoted in the July 15 issue of BNA's Health Law Reporter in an article regarding the effects of Blakely v. Washington on the health care industry and corporate compliance guidelines. According to Mr. Goel, regardless of how Blakely affects sentencing guidelines, health care providers "still have a lot of incentives" to design and implement an effective compliance program. "At this point the underpinnings of compliance and compliance program guidance come from several places," Mr. Goel said.
Ankur J. Goel, Health, Health Care Litigation
Michael Peregrine was quoted in the July 15 issue ofBNA's Health Law Reporter in an article regarding the effects of Blakely v. Washington on the health care industry and corporate compliance guidelines. Mr. Peregrine doubted that there would be a lasting impact on the health care industry because "the value of an effective corporate compliance program goes well beyond providing a basis for a criminal sentence reduction, so it is hard to imagine a corporation abandoning efforts to revise its programs based on this development."
Michael W. Peregrine, Health, Health Care Litigation, Trial
In an article in the July 2 issue of Corporate Accountability Report, Michael Peregrine commented on the Senate Finance Committee’s proposal on possible legislation to reform the tax-exempt status of nonprofit organizations, particularly hospitals. Mr. Peregrine commented that "it is hard to see how the level of 'scandals and abuses' in the nonprofit area has been so great, and the level of state charity office enforcement so insufficient, as to warrant this level of regulation and intervention."
Michael W. Peregrine, Health, Tax Exemption
Eric Zimmerman offered advice to the readers of Gastroenterology Coder's Pink Sheet (July 2004) on how to resolve the problem of improper pay for E/M and screening colonoscopies by stating "if a provider or physician becomes aware that they are in possession of an overpayment, CMS and the Inspector General believe that there is an obligation to make a repayment back to Medicare." Mr. Zimmerman also commented on the appropriate action time and how to go about refunding overpayments.
Eric Zimmerman, Health, Reimbursement/Fraud & Abuse
Michael Peregrine was quoted in the cover story, "Surviving the Heat," in the June 28 issue of Modern Healthcare. The article discusses how at recent Senate and House hearings lawmakers asked challenging questions about tax-exemption status. Last week a proposal was circulated that would have the government review a tax-exempt organization's status every five years to ensure that it "continues to be organized and operated exclusively for an exempt purpose." Mr. Peregrine commented that the draft proposal would bring the federal government into hospital boardrooms by making breaches of fiduciary duty a federal violation. He argued that current state laws are enough to meet the level of abuse.
Michael W. Peregrine, Health, Tax Exemption
Christopher Jedrey was quoted in the June 21 issue of American Medical News in the article regarding four medical groups that have joined to become the largest physician-directed medical enterprise in the Boston area. Harvard Vanguard Medical Associates, Dedham Medical Associates, Southboro Medical Group and South Medical Center will remain subsidiaries of the yet-to-be-named parent company. "Harvard Vanguard was a big group to begin with, and they concluded they needed to do this to make it work. At the heart of it is the EMR. It's expensive," Mr. Jedrey commented.
Michael Peregrine was quoted in the June 21 issue of Business Week in response to Eliot Spitzer's lawsuit against Richard Grasso on the IRS's plans to examine executive compensation among nonprofits. Mr. Peregrine commented that prior to the Sarbanes-Oxley Act, nonprofit organizations (which do not have investors) were not subject to as much oversight as to their business and corporate affairs as were business corporations.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Michael Peregrine was quoted in the June 14 issue of Business Week on new obligations for corporate directors to oversee corporate compliance plans, arising out of the new proposed amendments to the federal sentencing guidelines.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Doug Mancino was quoted in the June 14 edition of the Houston Chronicle in an article regarding the corporation that The Methodist Hospital has created that puts it in direct competition with long-time partner Baylor College of Medicine. "This corporation will cause doctors to have to make a decision," said Mr. Mancino. "It is the hospital's way of saying 'You're either in our company or the other company.'"
Michael Peregrine was quoted in the June 10 issue of BNA's Health Law Reporter in an article regarding the increased impact that health care systems are feeling from union representation. Mr. Peregrine commented that the unions are playing an increasingly significant role in the way health care organizations are monitored and regulated. He added that their attention has recently begun to shine light on areas that have been largely the province of state and federal regulators, such as corporate governance and mergers involving health care providers or health plans.
Michael Peregrine was quoted in the June 10 issue of BNA's Health Law Reporter in an article entitled, "IG Suggests Ways to Evaluate Compliance Programs, Risk Areas in Hospital Guidance." Mr. Peregrine said the guidance clarifies that "boards must be more attentive to the effectiveness of their compliance plans." However, he said, "I don't see huge new burdens being placed upon the board in this regard beyond what should reasonably be expected."
Michael Peregrine was quoted in the June 2004 issue of the ABA Journal, in an article regarding the fact that nonprofit organizations are now being more closely scrutinized by the government. According to Michael, there is a critical difference between nonprofits and for-profit companies. "The responsibilities of a nonprofit board are essentially the same as those of a for-profit company," Mr. Peregring said. "They must have a duty of loyalty, a duty of care, fiscal responsibility. But there's one additional duty for the nonprofit board -- the duty of obedience to the stated mission."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Michael Peregrine commented on New York Attorney General Eliot Spitzer's lawsuit seeking more than $100 million from the former NYSE Chairman Richard Grasso in the June 1 issue of the Chicago Tribune. More cases like this are likely and it is alerting nonprofits to the areas regulators will be examining in compensation Mr. Peregrine commented. "I think it's a very powerful argument when an attorney general goes after a charity and says, 'You're paying your CEO too much.' It's really a helpful development for nonprofits, giving them added incentive to examine their own procedures," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
In the May 27 issue of Health Care Daily, Michael Peregrine was quoted in an article regarding the negative repercussions for nonprofit health care organizations from the lawsuit against Richard A. Grasso, the former chairman of the New York Stock Exchange, dealing with his exorbitant retirement package. This lawsuit, according to Mr. Peregrine, "is only going to provide those who regulate and who monitor nonprofit organizations with another reason to be 'poking around' their expenditures and board processes."
Michael W. Peregrine, Health, Tax Exemption
Michael Peregrine was quoted in a May 26 Reuters story, which also appeared on Forbes.com, regarding Eliot Spitzer's decision to sue former NYSE Chairman and Chief Executive Richard Grasso. "There are important nuances in Spitzer's argument against Grasso," commented Mr. Peregrine. "Part of Spitzer's argument is that the board was misled. It's very difficult to criticize a board for failure to exercise appropriate judgment if part of your argument is that the process was flawed and the board was not allowed to see certain information."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Michael Peregrine was quoted in the May 25 issue of USA Today in an article reporting on New York Attorney General Eliot Spitzer's groundbreaking lawsuit against the former head of the New York Stock Exchange, Richard Grasso. Spitzer is suing Grasso to return "in excess of $100 million" arguing Grasso's pay was unreasonable under New York state laws governing not-for-profit institutions such as the NYSE. "Spitzer's suit shines a bright light on the process by which nonprofit organizations establish compensation," commented Mr. Peregrine. "You have billion-dollar nonprofits across the country, and this is an enormously hot issue right now."
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Tax Exemption
Sister Margaret Modde was profiled in "A lawyer, a deal and the Holy See," published in The Deal on May 20. The profile details Sister Margaret's practice and unique experience with the intersection of canon law and corporate transactions. The article reported that Sister Margaret has been active in the merger of Catholic health care institutions amid a general trend of consolidation in the U.S. health care industry. As an expert in canon law, Sister Margaret works with lawyers as they structure canon deals. As she is quoted, "It's important that canon law is in sync with civic law."
Margaret Mary Modde OSF, JCD, Catholic Organizations, Health
Bernadette Broccolo illustrated how the IRS Revenue ruling 2004-51 adds to existing guidelines for joint ventures between exempt and for-profit entities in the May 7 edition of BNA Daily Tax Reporter. She noted that "it complements Rev. Rul. 98-15 by setting forth facts and circumstances the IRS will consider in deciding how to characterize an ancillary joint venture with shared control."
Bernadette M. Broccolo, Health, Tax, Tax Exemption
Sister Margaret Mary Modde was profiled in the May issue of Chicago Lawyer magazine in the article "Canon law blends religion with modern legal needs." The article, which is attached below, describes Sister Margaret's expertise in canon law and the significant role she plays in navigating the complex and ancient legal code of the Roman Catholic Church. The three page article details some of the specific work that Sister Margaret handles and complexity of canon law. Click here to read the article.
Margaret Mary Modde OSF, JCD, Catholic Organizations, Health
Eric Zimmerman was quoted in the April 2 issue of BNA's Medicare Report in the article, "Small Hospitals Get Payment Hikes As Required Under Drug Law, CMS Says." Mr. Zimmerman said that the payments for inpatient hospital services to rural and small urban areas will now be based on the same standardized amounts that are used to determine payments to hospitals in large urban areas.
Max Reynolds was quoted in the article, "CMS Releases Final Stark Law Regs; New Exceptions Reduce Compliance Burdens," published in the April 1 issue of BNA Health Law Reporter. The article reports on the coverage and exceptions of Phase II of the Stark II interim final rule, published by the Centers for Medicare & Medicaid Services on March 26. Mr. Reynolds commented that some providers will be disappointed despite all of the benefits of the new regulation. CMS placed "noteworthy limitations on the ability of a provider to require that an employed or contracted physician refer patients specifically to the employer facility," he commented.
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Eric Zimmerman was quoted in the April 2004 issue of Outpatient Surgery on the significantly increased number of local lobbyist attacks on physician-owned surgical centers. "I've never seen this level of state activity in my 14 years," Mr. Zimmerman commented. He also added how "difficult to fight" and "disconcerting" these attacks are due to their variety of forms. Studies have shown that physician-owned surgical centers do "not lead to abuse, higher program costs or costs to the beneficiary;" however, "when the assault comes in the form of a CON," he added, "we have to respond in a different way."
Max Reynolds was quoted in the article, "Phase II Final Regs Reduce Self-Referral Rule Burdens, Add Flexibility," published in the March 31 issue of BNA Health Care Fraud Report. The article reports how the second part of the Stark II interim rule reduces self-referral rule burdens in several areas affecting physician referrals to entities with which they or their families have a financial relationship. Mr. Reynolds said that the second phase guidance affords hospitals located in a health professional shortage area "some flexibility" in offering physician retention payments. However, "CMS also appears to have abandoned its earlier interpretation that certain types of agreements involving administrative services or utilization review services could be protected from the Stark law on grounds that they are 'unrelated' to the furnishing of [designated health services]," he added.
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Michael Peregrine was quoted in The New York Times on March 21 regarding enhanced accountability and greater responsibility for nonprofit boards. Michael commented on Eliot Spitzer's (New York's attorney general) proposed package of bills to increase the accountability of nonprofit groups. "When his (Spitzer) efforts didn't go anywhere, I think some charities decided it was just a fad," commented Mr. Peregrine. "But the confluence of high-profile, notorious developments among charities is giving these attorneys general and congressmen the ammunition they need to push these measures through."
Michael W. Peregrine, Health, Tax, Tax Exemption
2003
Gary Scott Davis was quoted in the October 23 issue of The Miami Herald in an article reporting on the law that allowed Gov. Jeb Bush to override the courts and order that Terri Schiavo’s feeding tube be reinserted. Legal experts agree that the law both violates privacy laws and crushes the Florida Constitution. "This creates a situation where at any given point your side wins or loses depending on who is the governor," commented Mr. Davis.
Joel Michaels was featured in the October 20 issue of Legal Times magazine in “The Best Lawyers: Health Law” section.
Eric Zimmerman was quoted in the August issue of Radiology Administrator's Compliance & Reimbursement Insider in an article about hospital provider-based status requirements.
Eric Zimmerman, Health, Reimbursement/Fraud & Abuse
Stephen Bernstein was quoted in the Wall Street Journal on April 24 in an article addressing how HIPAA may be getting in the way of health care. Mr. Bernstein commented that many doctors don't realize that HIPAA actually provides "a fair degree of flexibility to share health information with the patient, share it with other providers for treatment, share it with health plans for payment, and share it with other parties subject to certain agreements."
Stephen W. Bernstein, Health, HIPAA
Stephen Bernstein was quoted in The Wall Street Journal on April 24 in an article addressing how HIPAA may be getting in the way of health care. Mr. Bernstein commented that many doctors don't realize that HIPAA actually provides "a fair degree of flexibility to share health information with the patient, share it with other providers for treatment, share it with health plans for payment, and share it with other parties subject to certain agreements."
Stephen W. Bernstein, Health, HIPAA
Stephen Bernstein was quoted in the April 14 issue of Lawyers Weekly USA regarding how lawyers must change their ways to conform with HIPAA. One issue lawyers have to deal with is the process by which medical records are obtained and shared. Mr. Bernstein commented that depending on the jurisdiction, state privacy laws could afford the patient more or less access to records than HIPAA does, which could partially preempt the federal regulations, and attorneys need to be comfortable with the interplay. "HIPAA creates a floor - a minimum level of privacy," he mentioned.
Stephen W. Bernstein, Health, HIPAA
Eric Zimmerman was quoted in the April 4 issue of BNA's Medicare Report in regard to the Centers for Medicare & Medicaid Services finalized changes to its list of Medicare-approved ambulatory surgical procedures.
Stephen Bernstein was quoted in the April 1 issue of The Washington Post in an article addressing the use of e-mail by doctors. The article reported on the increased usage of e-mail as a communication tool for doctors and their patients, and it described some of the pros and cons of this new method of communication, including privacy issues. Mr. Bernstein commented on how HIPAA compliance will call for the need of doctors to ask for patients' authorization before sending e-mail.
Stephen W. Bernstein, Health, HIPAA
Jerry Sokol was quoted in the April 2003 issue of Ambulatory Surgery Compliance & Reimbursement Insider. Mr. Sokol provided the newsletter with five provisions that can help protect ASCs: restrictions on transfer of ownership, the right to buy out investors, reasonable redemption price, restrictions of investors' competing ASC investments, and governance restraints.
Jerry J. Sokol, Ambulatory Surgery Centers (ASC), Health
Stephen Bernstein was quoted in the April 1 issue of The Washington Post in an article addressing the use of e-mail by doctors. The article reported on the increased usage of e-mail as a communication tool for doctors and their patients, and it described some of the pros and cons of this new method of communication, including privacy issues. Mr. Bernstein commented on how HIPAA compliance will call for the need of doctors to ask for patients' authorization before sending e-mail.
Stephen W. Bernstein, Health, HIPAA
Eric Zimmerman was quoted in the March 2003 issue of Ambulatory Surgery Compliance and Reimbursement Insider in an article regarding recent recommendations from the U.S. Department of Health and Human Services Inspector General regarding Medicare reimbursement for ambulatory surgery centers.
Eric Zimmerman, Health, Reimbursement/Fraud & Abuse
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission identifying health care antitrust as a priority. "To the extent that there is speechifying that isn't promptly followed with enforcement actions, whatever deterrent effects that might be created are lost, particularly, if at the end the day, the only remedy is go forth and sin no more," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
McDermott Will & Emery's Health Care Law Practice was ranked number one in the "Nation's Largest Healthcare Law Practices," as published by Nightingale's Healthcare News on February 1.
Stephen Bernstein was quoted in the February 2003 issue of PharmaVOICE, in an article entitled "Piecing Together the Privacy Puzzle," regarding the effect of HIPAA on the pharmaceutical industry.
Stephen W. Bernstein, Health, HIPAA
Eric Zimmerman was quoted in the January 20 issue of amednews.com, an online publication of the American Medical Association's "American Medical News," in an article regarding Medicare payments to ambulatory surgery centers.
Eric Zimmerman, Health, Reimbursement/Fraud & Abuse
Eric Zimmerman was quoted in the January 2003 issue of Ambulatory Surgery Compliance and Reimbursement Insider, a publication of Brownstone Publishers, Inc., in an article about the 2003 Outpatient Prospective Payment System Update.
Eric Zimmerman, Health, Health Ventures/Physician Transactions, Reimbursement/Fraud & Abuse
2002
David Marx was quoted in the September 9 issue of Mergers & Acquisitions Report in regard to the FTC's recent decision to "reinvigorate the Commission's hospital merger program," with the creation of a merger litigation task force. Mr. Marx said that since the FTC hasn't won a case in court on a hospital merger in nearly a decade, most acquiring firms are not concerned about acquisition-related issues as a result of the new task force.
David Marx Jr., Health, Health - Antitrust, Health - M&A, Mergers & Acquisitions
Jerry Sokol was quoted in the September issue of Ambulatory Surgery - Compliance & Reimbursement Insider in regards to adding physician-investors to ASCs. Mr. Sokol recommends adding physician-investors as with an ownership and profit-sharing stake in an ASC, physicians are usually more committed to the ASC on a long-term basis.
Jerry J. Sokol, Ambulatory Surgery Centers (ASC), Health
Terese A. Mosher-Beluris and J. Peter Rich were quoted extensively in the cover feature of the September issue of Managed Care Contracting & Reimbursement Advisor. Ms. Mosher-Beluris and Mr. Rich addressed how a provider can lessen the risk of unpaid claims when treating members through a provider organization. Ms. Mosher-Beluris discussed a case in which the Firm obtained a $2.6 million judgment for a hospital, after a health plan refused payment based on its contract with an intermediary organization to pay those claims. Mr. Rich explained the importance of a provider obtaining a direct relationship with a plan if the provider is to get a court or arbitrator to order a plan to pay it once the intermediary provider organization fails to pay. They both also discussed ways that critical provider-plan relationship could be established.
Terese A. Mosher Beluris, J. Peter Rich, Health, Managed Care
David Marx was quoted in the August 9 issue of The New York Times in regard to the recent statement by the chairman of the Federal Trade Commission (FTC), which proclaimed his agency planned to step up scrutiny of past hospital mergers and groups of doctors to make sure they had not joined forces simply to fix prices. This new focus of the FTC, largely due to the increase of medical costs, will be determining whether previous hospital mergers have allowed them to charge more of if they have actually benefited patients. In regard to the agency's focus on the medical industry, Mr. Marx commented, "The FTC appears to be reinvigorated. Chairman Muris views health care as very, very important, and I think he is exerting considerable influence."
David Marx Jr., Health, Health - M&A, Mergers & Acquisitions
Michael Kendall was quoted in the July 29 issue of Modern Healthcare regarding the HHS Inspector General's increased use of civil monetary penalties against providers that engage in Medicare kickback schemes. Mr. Kendall commented that as new cases mount he hopes the "inspector general will exercise discretion with these new powers."
McDermott Will & Emery was mentioned in the July 8 issue of Crain's Chicago Business in regard to adding professional staff to advise on specific issues. It was mentioned that McDermott has hired nurses for pharmaceutical clients and a canon lawyer/nun for Catholic hospital clients.
Catholic Organizations, Health, Life Sciences & Medical Devices
Stephen Bernstein was interviewed regarding medical privacy on Here & Now, a National Public Radio program that aired on July 3. In the interview, which addressed HIPAA, Mr. Bernstein commented that the new HIPAA regulations are intended to and should help foster a more complete dialogue between patients and their health care providers about how health information is received, used and re-disclosed, and establish a baseline for consumer expectations regarding the privacy of their medical information.
Stephen W. Bernstein, Health, HIPAA
McDermott Will & Emery was featured in the May 28 issue of Healthcare Review in regard to its polling results from a previously held HIPAA webcast seminar.
David Marx and James Sneed were quoted in the May 20 issue of Managed Care Outlook in regard to a few recent settlements between physician groups and the Federal Trade Commission regarding price fixing and other anti-competitive behavior. Mr. Marx commented that, "Most of the cases arise from non-risk contracts, where the physician network is supposed to be using a modified messenger model for negotiations, but in actual practice appears to be engaging in collusive price fixing activities." Mr. Sneed commented that the antitrust settlements are not likely to last and that the FTC’s recent actions will deter other doctors.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Sister Margaret Mary Modde was profiled in the May 20 issue of the Chicago Daily Law Bulletin. Sister Modde, who has been with McDermott for the last 13 years, works as a canonical consultant for the firm. A member of the Firm’s Health Law Department, she handles the canon law issues faced by by Catholic sponsors of health, educational and other social welfare organizations.
Margaret Mary Modde OSF, JCD, Catholic Organizations, Health
Stephen Bernstein was quoted in the May 7 issue of InfoWorld Daily News in regard to how biotechnology companies are preparing for the HIPAA deadline. According to Mr. Bernstein HIPAA has not been a top priority. "For the most part, biotechnology companies are not covered entities, but there area number of hidden traps and pitfalls, where some companies may be covered entities or hybrids," he commented.
Stephen W. Bernstein, Health, HIPAA, Life Sciences & Medical Devices
Stephen Bernstein was quoted in the May 2002 issue of Health Information Compliance Alert regarding the impact of HIPAA on clinical labs and temporary employees.
Stephen W. Bernstein, Health, HIPAA
Douglas Mancino was mentioned in the March 8 issue of Tax Notes Today. Mr. Mancino told Tax Analysts that in a ruling by the Tax Court against three Utah-based HMOs, the Court misapplied the law by using an incorrect definition of "charitable."
Douglas M. Mancino, Health, Tax Exemption
Nancy Ross was quoted in the February 11 issue of Business Insurance in an article addressing a U.S. Supreme Court ruling that restricts health plans’ recovery rights against plan participants who obtain third-party damages to cover medical costs.
Nancy G. Ross, Employee Benefits Litigation, Health, Trial
David Marx was quoted in an article addressing the U.S. Justice Department's Antitrust Division's recent decision to disband its 17-lawyer healthcare task force, published in the February 11 issue of Modern Healthcare. David commented that the state attorney generals' offices, who will now handling the responsibility of the task force, are sometimes "in deep hibernation, but some are not." He also mentioned that the antitrust lawyers in the state office are increasingly educated, trained and experienced.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Doug Mancino was quoted in the January 28 issue of Modern Healthcare, which addressed the impact of tax exemptions on hospitals. Mr. Mancino predicted that hospital board members will need a heightened sensitivity with the new requirements and sanctions.
Douglas M. Mancino, Health, Tax Exemption
2001
David Marx was quoted in the December 3 issue of Modern Healthcare regarding the tendency of government antitrust regulators not to get involved in cases they don't see, which serve the broad public interest. The focus of the article was the rise of antitrust lawsuits by commercial health insurers against hospitals and hospital-owned managed care plans.
David Marx Jr., Health, Health - Antitrust
David Marx was quoted in the November 19 issue of Modern Healthcare in regard to a federal consent decree forbidding contract negotiations between independent doctors and insurers for the Federation of Physicians and Dentists in Tallahassee, Florida.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Eric Zimmerman was quoted in the November 2001 edition of Same Day Surgery, an American Health Consultants publication, in regard to provided based status.
Eric Zimmerman, Health, Managed Care
David Marx was quoted in the October 29 issue of Modern Healthcare in response to the U.S. Justice Department’s decision to bar a Florida-based labor organization from acting as a collective-bargaining agent for competing doctors. Mr. Marx considers the decision a defeat for physicians, "who might consider unions to be a potential safe haven for otherwise collective negotiations with payers."
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Daniel Melvin and Joan Polacheck were highlighted in Healthcare Financial Management (October 2001), "Stark II, Phase I: What Every Provider Needs to Know."
Daniel H. Melvin, Joan Polacheck, Health
McDermott Will & Emery was ranked #1 by legal recruiters as having the most prestigious Health Law Practice and Employee Benefits and ERISA Practice (in a three-way tie). The Firm's Tax Practice was ranked #2 (in a three-way tie). The survey was part of the annual associates survey published in the October issue of American Lawyer.
Employee Benefits & Pensions, Employee Benefits Litigation, Health, Tax
Ira Coleman was mentioned in the July 27 issue of the Wall Street Journal. Mr. Coleman was noted as counsel for MDVIP, a five doctor entity which structures its practice as "concierge care," charging annual retainer fees for leisurely consultations, same-day lab tests, no-wait appointments and home delivery of drugs. Mr. Coleman commented that the retainer fees are legal because they cover services that are not reimbursed by Medicare.
William Smith was quoted in the March 19 issue of Modern Healthcare in regard to the increase of bankruptcy filings by hospitals.
Doug Mancino was quoted in the March 19 issue of Modern Healthcare concerning the IRS's policy development requiring not-for-profit hospitals to prove they give service to the poor in order to maintain tax-exempt status.
Douglas M. Mancino, Health, Tax Exemption
Kathy Tayon was quoted in the February 14 issue of The Palm Beach Post regarding the mediation between the Florida Attorney General's Office and IntraCoastal Health Systems regarding Intracoastal's decision to close St. Mary's Hospital and the Attorney General's opposition to such a decision.
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