Media Mentions
2008
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
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
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
Robert B. Nicholas was mentioned in the June 16 issue of the National Law Journal in an article regarding a new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries that will spark painstaking legal review of pharmaceutical companies' protocols for trials. "Adhering to the FDA's good clinical practices directives for studies done abroad means more work for clients and their attorneys. We'll be working with companies trying to structure clinical studies that they'll be conducting outside the U.S.," Mr. Nicholas said.
Robert B. Nicholas, Health, Life Sciences - Health
Eric Hargan and Kerrin Slattery were quoted in the June 16 issue of American Medical News in an article regarding the CMS Emergency Medical Treatment and Labor Act (EMTALA) law. "If CMS finalizes the proposal, legal firms that represent hospitals will recommend that they take a long look to assess whether community call makes sense for them. If a specialty hospital or other facility is designated as the on-call location for certain types of emergency patients, it might expect that it will take on more of the burden of caring for patients with those conditions than it currently does," Ms. Slattery and Mr. Hargan said.
Eric D. Hargan, Kerrin B. Slattery, Health
Douglas Mancino was quoted in the June 4 issue of BNA's Daily Tax Report in an article regarding the new IRS commensurate test found in IRS Rev. Rul. 64-182. "All of this hand wringing is an overreaction. People are taking a couple of words that have been in widespread use and acting like it's something new," Mr. Mancino said.
Douglas M. Mancino, Health, Tax Exemption
Sheila Walcoff was mentioned in The Washington Post and Congressional Quarterly Daily regarding her recent move to McDermott’s Health Law department and life sciences government strategies practice group in Washington, D.C.
Link to: Sheila Walcoff, Health, Life Sciences – Health, Government Strategies
Government Strategies, Health, Life Sciences - Health
Arnold Friede, Jennifer Geetter, Robert Nicholas, and Paul Radensky had their On the Subject published in the May 30 edition of Health Law 360 regarding the FDA Draft Guidance on certification of compliance with the new FDAAA clinical trial registration and posting regime.
Arnold I. Friede, Jennifer S. Geetter, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences - Health
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.
Arnold Friede, Elizabeth Hack, Robert Nicholas, Paul Radensky and T. Reed Stephens were mentioned in a May 29 article in FDA Webview regarding the recent White Paper they had authored regarding Merck’s $58 million settlement of consumer fraud claims by state attorneys general.
Arnold I. Friede, Elizabeth I. Hack, Robert B. Nicholas, Paul W. Radensky M.D., T. Reed Stephens, Health, Life Sciences - Health
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.
Arnold Friede was mentioned in the May 8 issue of Rx Compliance Report in an article regarding challenges facing DTC advertising. “A consensus gradually emerged about the need for a robust FDA prior DTC review program. The hope was that stronger FDA oversight would itself act both as a further deterrent, while at the same time, safeguarding against any massive civil penalty for DTC violations,” Mr. Friede said.
Arnold Friede was quoted in the May 7 issue of Medical Devices Law & Industry in an article regarding the FDAAA Clinical Trial Certification requirements. "The draft guidance is helpful but it leaves as many questions unanswered as it does answer. Additionally, the draft guidance is ambiguous about whether certifications are required for compassionate use INDs involving more than one patient," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
Michael Peregrine was quoted in the May 1 issue of BNA's Health Law Reporter in an article regarding the IRS not backing off of its plan to put more pressure on charities to develop better governance plans. "The comments of the current and former IRS officials underscore the significant level of governance oversight activity at the federal level, provide guidance on specific areas of legislative and regulatory concern with respect to governance, and give counsel meaningful 'ammunition' as they seek to advise their client executives and boards concerning the reasons for, and extent of, IRS and Senate Finance Committee Interest," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Arnold Friede and Robert Nicholas were quoted in the April 2008 issue of Medical Marketing and Media regarding scientific 'free speech' being threatened. "Calls for an investigation into support for the American Heart Association (AHA) and American College of Cardiology stating are likely to convince other scientific groups not to speak out on issues of public concern," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health, Life Sciences & Medical Devices, Life Sciences - Health
Ankur J. Goel was mentioned in the April 21 issue of Modern Healthcare regarding the OIG's new self-disclosure protocol. "It's a signal that OIG is going to work to make these more acceptable to providers, or a better experience for providers," said Mr. Goel.
Robert B. Nicholas was quoted on April 14 by the National Law Journal in an article regarding the U.S. Food and Drug Administration's plan to post employees in the People's Republic of China. The FDA announced plans to post eight full-time, permanent FDA employees in China within the next 18 months, plus five local Chinese nationals to work with FDA staff. "A shift in China's regulatory regime for drugs, medical devices and foods isn't going to happen overnight, but its creation and development will create opportunities for lawyers working with U.S. and Chinese manufactures in China for many years to come," said Mr. Nicholas. "It takes knowledge, experience and training to get people to understand the consequences of how they prepare documents for contracts and for submission to various regulatory agencies," Mr. Nicholas added.
Robert B. Nicholas, Food and Drug Administration - Alcohol Beverages & Products, Health
Ralph E. DeJong and Elizabeth M. Mills were quoted in the April 14 issue of Modern Healthcare regarding the new IRS Form 990. "Draft instructions released last week could significantly expand the number of key hospital and health system employees whose pay, bonuses and benefits must be reported," said Mr. DeJong. "It's very specific. They're really trying to get information that can be compared, and is apples to apples across organizations, and enhance transparency,'' Ms. Mills said.
Ralph E. DeJong, Elizabeth M. Mills PC, Health, Tax Exemption
Ralph DeJong and Elizabeth Mills were quoted in the April 14 issue of Modern Healthcare Online in an article regarding instructions for not-for-profit hospitals and health systems using the new Form 990. "Draft instructions released last week could significantly expand the number of key hospital and health system employees whose pay, bonuses and benefits must be reported," Mr. DeJong said. "It's very specific. They're really trying to get information that can be compared, and is apples to apples across organizations, and enhance transparency," Ms. Mills said.
Ralph E. DeJong, Elizabeth M. Mills PC, Health, Tax Exemption
Arnold Friede and Robert Nicholas were mentioned in the April 2008 issue of Medical Marketing & Media (MMM) Online in an article regarding calls for investigation into support for the American Heart Association (AHA) and American College of Cardiology. "No one can question the status of the AHA and American College of Cardiology as scientific speakers in the debate about some of the most important public health issues of our time, even if they receive some financial support from commercial interests," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health
Arnold Friede was mentioned in the March 31 issue of Legal Times regarding his move from Pfizer as senior corporate counsel to counsel in McDermott's Health Law Department based in the Washington, D.C. office.
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, Health, Tax Exemption
Ralph DeJong was quoted in the March 21 issue of TaxAnalysts in an article regarding Part IV instructions for the hospital schedule of the redesigned Form 990. "This would be an explanation that many hospitals have until now included in their program services accomplishments section attached to their 990, and now that information has to be an express, explicit portion of the Schedule H filing," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Ralph DeJong was quoted in the March 21 issue of BNA's Health Law Reporter in an article regarding the IRS intending to issue instructions for the new Form 990. "Entities need to prepare now for the new form. The new form begins operationally on the first day of the fiscal year beginning in 2008 and calendar year filers should have started to collect data and expand data," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Michael Peregrine was quoted in the March 6 issue of BNA's Health Law Reporter in an article regarding the IRS' releasing of an updated memorandum detailing those organizational structures and operational policies that it believes will improve governance of tax-exempt organizations. "The memorandum sheds important new light on the IRS' view of such important issues as governing board size, diligence and composition; oversight of sophisticated investment vehicles; and document retention and whistleblower policies," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Douglas M. Mancino was quoted on March 5 in a PR Newswire article regarding a benefit gala for the Children’s Burn Foundation that raised more than $875,000 for burn survivors and prevention. "We are privileged to have raised these funds through the dynamic efforts of The Council who worked tirelessly to ensure that the Foundation can continue to do its important work," Mr. Mancino said. Mr. Mancino is also the chairman of the board of the Children's Burn Foundation. Mr. Mancino was also quoted in Pharma Investments, Ventures & Law Weekly and Pharma Business Week.
Ankur J. Goel was quoted in the February 29 issue of The Boston Globe in an article regarding the group of Massachusetts hospitals that will collect up to $200 million from the federal government over improperly calculated Medicare reimbursement rates. "The hospitals are gratified by the court's ruling that all wage data should be used when HHS calculates the wage index," Mr. Goel said. This case was also reported by BNA's Health Care Daily and The Daily News of Newburyport.
Arnold Friede was mentioned in the February 2008 issue of DTC Insights regarding his recent move from Pfizer as senior corporate counsel to counsel in McDermott's Health Law Department in Washington, DC.
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.
Arnold Friede was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "No matter how liberal or restrictive the underlying FDA criteria for permissible dissemination of off-label journal articles by drug and device manufacturers, the FDA draft guidance does not address whether and how compliance with the states criteria would insulate manufacturers from liability under other statutes such as the False Claims Act," Mr. Friede said.
Arnold Friede and Robert Nicholas were quoted in the February 22 issue of FDA Webview in an article regarding the statements issued by the American Heart Association and the American College of Cardiology regarding the results of the Vytorin ENHANCE study. "Given the core First Amendment value of scientific speech by AHA and ACC about the ENHANCE study results, and their unquestionably sensible— benign —recommendation that patients speak with their doctors before precipitously stopping Vytorin, the fact that they have become objects of congressional investigations and have even been asked to name names about the preparation of their respective statements, suggests that there is a chill wind on free speech blowing from Capitol Hill," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health
Reed Stephens was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "Plaintiffs will push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens said.
T. Reed Stephens and Arnold Friede were quoted in the February 22 issue of Rx Compliance Report in an article regarding the FDA draft guidance that was issued regarding industry dissemination of medical or scientific journal articles. "It seems entirely probable that enterprising plaintiffs, particularly qui tam whistleblowers, are unlikely to defer to FDA's draft guidance in determining whether certain manufacturer conduct provides a potential basis for False Claims Act liability," Mr. Friede said. "Plaintiffs must push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens added.
Arnold I. Friede, T. Reed Stephens, Health, Life Sciences - Health
Stephen W. Bernstein 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
Stephen W. Bernstein and Jennifer S. Geetter were quoted in the February 1 issue of Mass High Tech in an article regarding the state of Massachusetts funding stem cell research. "States see it as a hot new thing, and that's debatable. But in Massachusetts we have all the raw expertise and can use legislation to springboard what's already here," Mr. Bernstein said. "State programs can clarify legal aspects. It's an opportunity for states to clear up any state regulations which may impede stem cell research. State privacy laws are a patchwork, and you can get tangled in ways the legislation didn't intend," Ms. Geeter said.
Stephen W. Bernstein, Jennifer S. Geetter, Health, Life Sciences & Medical Devices, Life Sciences - Health
Russell Hayman has been selected as one of Nightingale's Healthcare News' "Outstanding Healthcare Litigators" for 2007. Mr. Hayman was recognized as having successfully defended a client in a qui tam case regarding allegation of plagiarism with respect to endocrinology data submitted to National Institutes of Health (NIH) in support of an NIH grant application. He was also recognized for having successfully defended a client against claim that genetic research data had been falsified. Mr. Hayman is one of the 12 healthcare litigators throughout the United States to make the list.
Christopher M. Jedrey was quoted in a January 25 article of Biotech Law Weekly in an article regarding the Dublin – Research and Markets video seminar with Mr. Jedrey focusing on the "Research and Markets: Understand the Strategy and Structure of Healthcare Transactions." The goal of the video seminar was to provide lawyers and executives with essential information about understanding the strategy and structure of healthcare transactions.
Christopher M. Jedrey, Health, Hospital and Health System Transactions
Elizabeth I. Hack was quoted in the January 24 issue of Rx Compliance Report in an article regarding 2008 being a record year for pharma fraud recoveries along with surge in state, global and Part D enforcement. "Another important signal is that the AWP matters brought by the state are continuing to move forward at a faster pace than the Multi-District Litigation (MDL) in Boston. This is evidenced by the fact that next month Alabama will be the first state to bring to trial the state consumer fraud theories relating to AWP drug pricing," Ms. Hack said.
Elizabeth I. Hack, Health, Life Sciences & Medical Devices, Life Sciences - Health
Eric Zimmerman was quoted in the January 18 issue of BNA’s Medicare Report in an article regarding the top Medicare issues to watch in 2008, specifically competitive billing. "Barring a stay on implementation or other substantial change to the program requirements or roll-out, competitive bidding will have a serious and negative impact on small DME suppliers," Mr. Zimmerman said.
Robert Nicholas was quoted in the January 14 issue of Product Liability Law 360 in an article regarding the growing "cosmeceuticals" industry. "When you work with clients who have products they want to bring to the market, frequently the question they ask is, 'What’s the fastest way to get it to the market?' There is a trade-off between speed to market and exclusivity or safety. In the absence of a safety issue, the FDA doesn't tend to aggressively regulate cosmetics. That's one reason why it's an attractive area for manufacturers, even if you have legitimate claims of 'pharmaceutical' results," Mr. Nicholas said.
Robert B. Nicholas, Health, Health - Product Regulation
Ralph DeJong was quoted in the January 7 issue of Modern Healthcare in an article regarding the overhauled Form 990 and its governance policies and executive pay and perks, including executive compensation breakdown. "This will end up being a far more reliable picture of compensation and all of its constituent elements," commented Mr. DeJong. Organizations that had hoped to avoid disclosing unusual perks for key officers are out of luck, added DeJong, who said tax officials responded to criticism of its draft with “smart and savvy” changes.
Ralph E. DeJong, Health, Tax Exemption
Eric Hargan was mentioned in the January 6 issue of the Chicagoland Final Edition in an article regarding local Chicago people making promotions and career moves. Mr. Hargan was mentioned as having previously being acting deputy secretary of the U.S. Department of Health and Human Services prior to joining McDermott.
Michael Peregrine was quoted in the January 3, 2008 issue of BNA's Health Law Reporter in an article regarding top health law issues for 2008, including taxation affecting exempt health care organizations and governance issues. "The role of the federal government in the oversight of nonprofit health care facilities will continue to evolve with the ongoing interest of the Senate Finance Committee and the continued re-consideration of the community benefit standard – and its' community board component – for determining tax exemption eligibility," Mr. Peregrine said. He also commented that the IRS's new Form 990 places corporate governance of tax-exempt organizations front and center.
Christopher M. Jedrey was quoted in the January 2008 issue of ABI/INFORM in an article regarding community hospitals being clinically integrated. "A handful of recent FTC decisions offer more guidance for providers considering clinical integration. Providers need to demonstrate evidence of substantial commitment of staff and resources, shared electronic medical records, and incentives, such as enough shared financial risk. They also need to impose substantial penalties against outlier physicians who fail to embrace standardized best practices or improve the care they deliver. Providers need to convince the government that behavior will change," Mr. Jedrey said.
Bernadette Broccolo was quoted in the January 2008 issue of Briefings on HIPAA in an article regarding difficulties in trying to keep patient information private while conducting medical research. "The needs of the researchers will never be seen by regulators as greater than the privacy needs of the patients. However, obtaining patient authorization can be difficult and often impossible, especially when researchers need to access historical data from a large number of individuals and those individuals do not need a study for their own clinical care," said Ms. Broccolo.
Bernadette M. Broccolo, Health
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.
H. Guy Collier was quoted in the January 2008 national edition of Metropolitan Corporate Counsel in an article regarding the D.C. Bar Association scheduling a four-part Introduction to Health Law Series of CLE Seminars. On January 24, Mr. Collier will provide an introduction to the U.S. health care system.
2007
Paul W. Radensky was quoted in the December 2007 issue of Biotechnology Healthcare in an article regarding IVDMIA guidance. "Assays are not defined in the Food, Drug and Cosmetic Act or any other regulation. In effect, the guidance is being promulgated as if it were a rule, even though guidances are not supposed to be binding. The Health and Human Services secretary has reportedly stated that the FDA would not enforce the IVDMIA guidance before any policy," Mr. Radensky said.
Eric Gordon was quoted in the December 2007 issue of ABI/INFORM in an article regarding The Health & Human Services Office of Inspector General issuing an approval for unnamed hospital's plan to pay doctors for on-call service. The OIG is further investigating whether there is a need for payments and whether the payment arrangements reflect a fair market. "Generally, fair market value is defined as the value between two parties in an arm's length transactions, without taking into account the volume of business otherwise generated between them," Mr. Gordon said.
Michael Peregrine was featured in the December 28, 2007 issue of Tax Analysts in an article where he discusses the Panel on the Nonprofit Sector's recently released Principles of Good Governance and Ethical Practice.
Michael Peregrine was quoted in a December 24, 2007 article in Crain’s Chicago Business in an article regarding the undisclosed compensation of Kaarina Koskenalusta, the head of the prosperous non-profit, Executive's Club of Chicago. "The IRS requires disclosure to be sure tax-exempt status doesn't result in excess pay. In this environment, boards have to be super-sensitive. You have to avoid the inference you're hiding excessive compensation," Mr. Peregrine said.
Michael Peregrine was quoted in the December 21, 2007 issue of the Wall Street Journal in an article regarding the IRS rolling back some of the elements hospital groups found in the new Form 990. Much of the new hospital-specific form won't apply until hospitals file for 2009. "The new forms are generally an improvement over this summer’s proposal. But the new regime will still be considerably tougher than what hospitals and other nonprofits currently file, particularly when it comes to disclosing governance procedures and potential conflicts of interest," Mr. Peregrine said.
Ankur Goel was quoted in the December 10, 2007 article in Report on Medicare Compliance in an article regarding the Centers for Medicare and Medicaid Services mandating compliance training for contracted providers of Medicare Advantage and Part D Plans. "This is a very clear trend. CMS is instructing Medicare Advantage organizations to insert themselves into compliance activities of providers at some levels," Mr. Goel said.
Heidi Echols was quoted in the November 2007 issue of HCPro in an article regarding physicians adopting electronic health records (EHR). "Some physicians fear that hospitals will use shared EHR software to monitor them inappropriately. Although some IT arrangements may allow hospitals access to physicians' medical records, this shouldn't be considered a negative consequence," Ms. Echols said.
Douglas Mancino was quoted in the November 23 issue of Tax Analysts addressing several court cases involving tax-exempt organizations that he addressed at a conference sponsored by the IRS and Loyola Law School. "In Illinois the head of the state's Department of Revenue made it a mission to expand the property tax base or to force hospitals in the state of Illinois to provide considerably greater levels of charity care, notwithstanding the absence of a statutory requirement to that effect," Mr. Mancino said.
Douglas Mancino was quoted in the November 12 issue of Modern Healthcare in an article regarding nationwide rules for how not-for-profit hospitals count and disclose what they give back to communities. "Frankly, the regulators as well as the legislators will start making judgments once a uniform federal standard is in widespread use. Scrutiny will continue as the public gains access to data that can be compared from one year to the next, from one hospital to the next," Mr. Mancino said.
Heidi Y. Echols was quoted in the November 2007 issue of HealthLeaders Media in an article regarding regulations for health information technology donations for electronic health record systems. "The regulations are really there to support and promote interoperability, so they’re hoping that at some point there is more access, but it doesn’t alter the regulatory framework that everybody is practicing under," Ms. Echols said.
Heidi Y. Echols, Health, Health - Information Systems
Jeffrey J. Bushofsky was mentioned in an October 25 article published by The Chicago Tribune regarding civil lawsuits against several chains of MRI facilities accused of involvement in kickback schemes. Illinois Attorney General Lisa Madigan's office plans to refile five cases with additional information in response to Cook County Circuit Court Judge Peter Flynn's request for more factual detail against defendants. Mr. Bushofsky represents Central States Imaging and Nydic. He recently reached a favorable settlement with the government on behalf of Central States Imaging, as mentioned in the article.
Jeffrey J. Bushofsky, Health, Health Care Litigation, Trial
Michael Peregrine was quoted in the October 23 issue of BNA’s Health Care Daily in an article regarding The Panel on the Nonprofit Sector Organization issuing a guide on good governance principles for charities. "The recommendations were comprehensive and are likely to evolve into 'de facto' best practices for the nonprofit sector and should be carefully reviewed," he said. "These recommendations introduce into the governance discourse a new level of detail and specificity concerning proper practices and serve as a reminder that the attention and focus on nonprofit governance is likely to remain as a basic legal and compliance issue," Mr. Peregrine added.
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.
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 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.
Elizabeth Mills was quoted in an August 24 article published by BNA’s Health Care Daily regarding the Internal Revenue Service making a compliance check questionnaire available on their website. They will use it to check whether tax-exempt charities that finance capital expenditures through exempt bonds are in compliance with the bond rules. "I don't think the questions are any surprise. It certainly serves as a good guide for what the IRS hopes you will have in place,” Ms. Mills said.
Elizabeth M. Mills PC, Health, Tax Exemption
Elizabeth Mills was quoted in an August 23 article published by Tax Notes Today regarding two IRS divisions announcing their plan to send compliance check questionnaires to exempt organizations with outstanding tax-exempt bonds. "The questionnaire is important to organizations that don’t receive it, as well as those that do. It provides the road map for what the IRS would like to see all organizations with bonds maintain," Ms. Mills said.
Elizabeth M. Mills PC, Health, Tax Exemption
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
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
Timothy P. Blanchard was quoted in the June 29, 2007 issue of Health Information Compliance Insider in an article regarding organizations integrating their HIPAA compliance programs into their overall compliance programs. “It doesn’t make sense to have your HIPAA effort in a separate silo from the rest of the organization. As money gets tight, an organization can look for efficiencies in overhead areas like compliance,” Mr. Blanchard said.
Monte Dube was quoted in the June 29 issue of Modern Healthcare regarding Richard Scrushy, former HealthSouth Corporation CEO, being sentenced for over seven years and ordered to pay $50,000 in fines for paying former Alabama Gov. Don Siegelman to obtain a seat on the state certificate-of-need board for a HealthSouth representative. “In some states, CON has long had a reputation for being a political/regulatory cesspool. The message generally is when you jump in, you better play by the rules or be prepared to pay the price,” Mr. Dube said.
Monte I. Dube, Health, Health Care Litigation, Reimbursement/Fraud & Abuse
Timothy Blanchard was quoted in the June 25 issue of Report on Medicare Compliance in an article regarding OIG dropping the rule on exclusion when Medicare charges exceed those to private payers. “It became clear that it might not be good for the public or the programs if the rule were vigorously enforced because of likely unintended consequences affecting some providers that are part of the safety net,” Mr. Blanchard said.
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
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.
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
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
John Healey and Ned Milenkovich were quoted in the May 14 issue of Decision Health in an article regarding providing an instructional pamphlet on safety to everyone in your practice or facility who uses a laptop or other portable device to perform duties involving protected health information. “It could be used to show compliance with the requirement to ensure a covered entity’s workforce complies with HIPAA security measures,” said Mr. Milencovich. “It can be used as an element of your training program, which is required by HIPAA,” Mr. Healey added.
John D. Healey, Ned Milenkovich PharmD, Health, HIPAA
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.
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.
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
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 "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 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 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.
John Healey was quoted in the February 12 issue of Decision Health in an article outlining the new HIPAA security guidance published by the government to secure electronic protected health information (EPHI). "A confidentiality agreement covering portable devices doesn't take the place of policies and procedures required by HIPAA, such as training, which should be more robust and detailed than the agreement itself," Mr. Healey said.
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.
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.
Ned Milenkovich was quoted in the February 12 issue of Decision Health in an article outlining the new HIPAA security guidance published by the government to secure electronic protected health information (EPHI). "If your policies on portable devices include additional safeguards, you should add those provisions to your confidentiality agreement," Mr. Milencovich said.
Ned Milenkovich PharmD, Health, HIPAA
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
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
Timothy Blanchard was quoted in the February 5 issue of Health Law 360 in an article regarding new regulations mandating that companies educate their employees about detecting and reporting Medicaid fraud to the government. "It's discouraging, in a way, that the government has been unwilling to wait and monitor the effect of legislation. It doesn’t make a lot of sense to me. If every employee blows a whistle externally then providers have no way to improve compliance in the normal course of doing business. You'd spend your time dealing with past practices," Mr. Blanchard said.
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.
Elizabeth I. Hack and T. Reed Stephens were both 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." Ms. Hack was mentioned in regards to the average wholesale price drug pricing matters. "In the coming year, the Department of Justice will pursue the remaining handful of manufacturers named qui tam complaint. Plaintiffs' firms will continue to sign up states to pursue AWP matters in hopes that the sheer number of state lawsuits will force the manufacturers to the settlement table," she said. The article also highlighted Ms. Hack and Mr. Stephens' recent move to McDermott.
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
Stephan Rau was mentioned in the 8 January issue of The Lawyer starting as a new partner in the Munich Healthcare Department.
Ned Milenkovich was quoted in the January 8 issue of Decision Health in an article outlining the final HIPAA non-discrimination rules, which outline the requirements that plans must follow to comply with the non-discrimination provisions of HIPAA. In response to HIPAA compliance predictions, Mr. Milenkovich was quoted saying, "HIPAA complaints will maintain a brisk pace and steady pressure will continue to build on the federal government to begin compliance enforcement." He added, "HIPAA will be used as a tool to make federal health care dollars be spent more efficiently and to capture any fraud/abuse perpetrators by using an electronic form to track compliance."
Ned Milenkovich PharmD, Health, HIPAA
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 guidanc