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August 13, 2010 Vol. VIII Issue 31

Articles and Analyses

Making Meaningful Use Meaningful: The Final Meaningful Use Regulations And The Hazards Of Viewing Them In Isolation By Christopher Wilson and Micah Trotti, Polsinelli Shughart PC

Arbitration/Mediation

New Jersey Appeals Court Says FAA Trumps State Anti-Arbitration Law In Nursing Home Agreements, But Invalidates Certain Provisions As Unconscionable Health Law Digest

Fraud and Abuse

Ninth Circuit Says FCA Suit May Be Based On Implied Certifications, But Dismisses For Failure To Plead Fraud With Particularity Health Law Digest

Eighth Circuit Dismisses FCA Action, Says Medicaid Contractors Reasonably Believed State Law Banned Recovery Of Medical Costs In Malpractice Cases Health Law Digest

Federal-State Law Enforcement Coalition Targets Companies Selling Fake Insurance Policies

Government Intervenes In FCA Action Against Device Maker Alleging Unlawful Kickbacks

Update

U.S. Court In Louisiana Finds Qui Tam Complaint Lacked Sufficient Factual Allegations Health Law Digest

WellCare Announces $200 Million Securities Settlement

Health Information Technology

Companion Measure Introduced In Senate To Allow EHR Incentive Payments For Multi-Campus Hospitals

Making Meaningful Use Meaningful: The Final Meaningful Use Regulations And The Hazards Of Viewing Them In Isolation By Christopher Wilson and Micah Trotti, Polsinelli Shughart PC

Healthcare Reform

Funding For Pre-Existing Condition Program Likely To Run Out Before Full Implementation, Health Affairs Brief Says

NAIC Releases Proposed Amendments To Insurance Reporting Forms

States Should Consider Risk-Pooling Consequences Before Entering Interstate Insurance Sales Compacts

Managed Care

Eleventh Circuit Holds RICO Class Action Judgment Does Not Preclude Physicians’ Contract Claims Health Law Digest

Medicaid

President Signs Bill Extending FMAP Boost For State Medicaid Programs

Medicare

Medicare Overpaid Almost $14 Million For Part B Services With Incorrect Place-Of-Service Codes, OIG Finds

OIG Says Medicare Erroneously Paid Millions For Routine Maintenance, Repairs Of DME

Pharmaceuticals

First Circuit Upholds Maine Law Limiting Use Of Prescriber-Identifying Data Health Law Digest

Products Liability

U.S. Court In West Virginia Remands Malpractice Claims Involving Heparin To State Court After Claims Against Diverse Defendants Severed Health Law Digest

Quality of Care

Report Finds Medical Errors Cost Almost $20 Billion In 2008

Tax

Wisconsin Appeals Court Finds Doctor’s Office Not Entitled To Tax-Exemption Health Law Digest

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Articles & Analyses
New article discusses compliance and provider liability implications of self-audit results, including under the statutory requirement that healthcare providers return overpayments within 60 days of their identification.

View current and past monthly issues of the Health Law Digest.

Health Law Documents
The latest Advisory Opinions, rules, reports and other major documents related to health law, with links to Web sites and Adobe Acrobat PDF files where available.

Regulatory Comments Calendar
View information and upcoming deadlines for public comments on healthcare related federal regulations.

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