Perspectives on Government Investigations

Previously, we discussed how the US Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce could create opportunities for private litigants to challenge health care-related agency actions.

The US Supreme Court recently overturned its ruling in Chevron USA, Inc. v. Natural Resources Defense Council, Inc., changing the landscape for federal agency rulemaking and actions, particularly in the health care industry.

On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute.

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

On March 5, the Federal Trade Commission (FTC), the US Department of Justice (DOJ) Antitrust Division, and the US Department of Health and Human Services (HHS) launched a cross-government inquiry into the role private equity firms, other alternative asset managers, health systems, and private payers play in health care transactions.

With 2024 underway, ArentFox Schiff highlights 10 of the most pressing legal issues facing the health care industry this year.

On July 20, 2022, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert cautioning physicians and other health care practitioners to use “heightened scrutiny” when entering into telemedicine arrangements that have “suspect characteristics” of a fraud scheme.

Health Care Partner Hillary Stemple presented to eye and vision care providers about co-management compliance at the Kentucky Optometric Association’s Annual Meeting on April 21.

Health Care Partner David Greenberg will present in a Strafford CLE webinar about health insurer audits, overpayment demands, and recoveries on August 5.

Headlines that Matter for Companies and Executives in Regulated Industries

Health Care Practice Co-Leader Douglas Grimm will present about fraud and abuse investigations in the telehealth industry at Palmetto Care Connections’ Telehealth Summit of South Carolina on October 9.

Health Care partner Anne Murphy will present during the 2020 American Health Law Association’s (AHLA) In-House Counsel Program.

Rachel Hold-Weiss will present during the 2020 American Health Law Association’s (AHLA) Annual Meeting. Rachel’s presentation “Hindsight is 2020: A Look at Home Health and Hospice in the New Decade,” focuses on compliance and regulatory issues for home health and hospice providers.

Healthcare partner Stephanie Trunk has been selected by JD Supra to receive a 2020 Readers’ Choice Award in the healthcare category.

The health care industry continues to be a top priority of the Justice Department with respect to False Claims Act enforcement. In the meantime, investment in a robust compliance program may pay off in cooperation credits to mitigate a False Claims violation.

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.

Please join Arent Fox in San Francisco for our annual Medical Staff Leaders and the Law Conference. This full day conference is designed to equip your medical staff team with the most current skills, tools, and information to navigate challenging issues and provide effective leadership.

Please join Arent Fox in Costa Mesa for our ninth annual Medical Staff Leaders and the Law Conference. This full day conference is designed to equip your medical staff team with the most current skills, tools, and information to navigate challenging issues and provide effective leadership.

After announcing in December that it would intervene in a qui tam action under the False Claims Act against Sutter Health and Palo Alto Medical Foundation (PAMF), the US Department of Justice filed its complaint-in-intervention in the Northern District of California on March 4, 2019.

Please join Arent Fox in Costa Mesa for our eighth annual Medical Staff Leaders and the Law Conference.

We are very pleased to announce that our Health Care attorneys will be hosting two Medical Staff Leaders and the Law Conferences in 2019.

As the dust settles on a campaign cycle that was unprecedented in many ways, we have composed this biennial post-election analysis to assist our clients in assessing the potential impact of the elections on their organizations and their industries.

The ABA Young Lawyers Division Health Law Committee and ABA Health Law Section is hosting a networking reception followed by a roundtable discussion with senior government attorneys from CMS, DOJ, and OIG.

On June 20, 2018, the Centers for Medicare & Medicaid Services issued a Request for Information seeking input from the public on how to address the undue regulatory impact and burden imposed on health care providers under the Stark Law.

Geoffrey Starks testified on Wednesday, June 20, 2018 before the Senate Committee on Commerce, Science, and Transportation.