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Top Stories
Report Finds Total Extra Payments To MA Plans Exceeds $8.5 Billion 
Payments to Medicare Advantage (MA) plans in 2008 will be 12.4% more than the corresponding costs in traditional Medicare—an average increase of $986 per MA plan enrollee, for a total of more than $8.5 billion, according to a new report from the Commonwealth Fund. Full Story
New York AG Announces $35 Million Settlement With Healthfirst On Charges Of Violating Medicaid Managed Care Contract 
New York Attorney General (AG) Andrew M. Cuomo announced September 3 a $35 million settlement with Healthfirst, the largest Medicaid managed care provider operating in the state, to resolve allegations that the company violated its contract by paying bonuses and other compensation incentives to its marketing representatives based on productivity. Full Story
Articles & Analyses
RAC Appeals Process
By Lori Wink, Esq., Joan Lowes, Esq. and Elizabeth Elias, Esq., Hall, Render, Killian, Heath & Lyman, P.C.
Current Topics

Antitrust

U.S. Court In Arkansas Rejects Cardiology Clinic’s Antitrust Action Against Hospital, Insurer Health Law Digest

Criminal Law

Seventh Circuit Affirms Murder Conviction Of Podiatrist In Medicare Fraud Case, Remands On Restitution Amount Health Law Digest

Food and Drug Law

Representatives Seek Information Regarding Vytorin Link With Cancer 
U.S. Court In Minnesota Finds MDA Preempts Claims Against Device Manufacturer Health Law Digest

Fraud and Abuse

U.S. Court In Texas Finds Hospital’s Use Of Intergovernmental Transfer Procedure Under State Medicaid UPL Program Did Not Violate FCA Health Law Digest
First Circuit Upholds Conviction And 51-Month Prison Sentence For Clinic Operator Involved In Fraudulent Insurance Scheme Health Law Digest
Update 
OIG Oks Modifications To Previously Approved Prescription Drug Assistance Program Health Law Digest

Hospitals and Health Systems

Florida Supreme Court Says Hospital Law Giving Board Authority To Override Medical Staff Bylaws Is Unconstitutional Health Law Digest

Insurance

Fifth Circuit Says Primary Insurance Policies Covering Nursing Home Cannot Be “Stacked” Where Underlying Suit Alleges Continuing Pattern Of Neglect Health Law Digest

Managed Care

California Legislators Clears Bill Tightening Restrictions On Post-Claim Rescissions 

Medicare

U.S. Court In D.C. Dismisses Suit Challenging CMS’ Policies Regulating Marketing Of Medicare Part D Plans For Lack Of Standing Health Law Digest
Eleventh Circuit Remands Claims Against Medicare Advantage Plan Administrator Finding No Federal Jurisdiction Health Law Digest
Ninth Circuit Finds Claims Against Part D Sponsor Preempted By MMA Health Law Digest

Physicians

Illinois Appeals Court Says Medical Journals, Action Plan Privileged Under Peer Review Law Health Law Digest
Ohio Appeals Court Says Physician’s Conversation With Hospital ED Chief Following Patient’s Death Not Covered By State Peer Review Privilege Health Law Digest

Quality of Care

HHS Announces Addition Of 11 Communities To Existing Group of “Chartered Value Exchanges” 

Tax

Grassley Questions Two Nonprofit Hospitals About Tax Exemptions 
Print ready version
September 5, 2008 

Vol. 6, Issue 34 

Features

Articles & Analyses
New article describes the RAC appeals process and discusses what to consider in deciding whether to initiate an appeal of a RAC determination.

Health Law Digest Archive
View or print current and past monthly issues of the Health Law Digest or browse cases by topic or search term.

Listserve Roundup
View a summary of the week's significant discussions of health law topics on AHLA's listserves.

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

Accreditation Comments Calendar
View information and upcoming deadlines for comments on various accreditation standards.

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

 
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