Foster Swift Collins & Smith http://www.healthlawyersblog.com/ Walgreens Agrees to Record $80 Million Settlement with DEA Mon, 17 Jun 2013 12:00:00 -0400 http://www.healthlawyersblog.com/Walgreens-Record-80-Million-Settlement-DEA-Controlled-Substance http://www.healthlawyersblog.com/348 Johanna M. Novak WalgreensOn Tuesday, June 11, 2013, the Drug Enforcement Administration (“DEA”) announced that it had reached an $80 million civil settlement agreement, the largest in DEA history, with Walgreen Co. (“Walgreens”) to resolve allegations involving an “unprecedented number” of record-keeping and dispensing violations under the Controlled Substance Act (“CSA”). According to the DEA’s Press Release, Walgreens negligently allowed controlled substances, including Oxycodone and other prescription painkillers, to be diverted into the black market. Read More ›

]]> IRS Issues New Regulations Affecting the “Blues” Under Health Reform Tue, 28 May 2013 12:00:00 -0400 http://www.healthlawyersblog.com/IRS-Medical-Loss-Ratio-Regulations-Blue-Cross-Health-Reform http://www.healthlawyersblog.com/342 Gary J. McRay Health Care FinancialThe Treasury Department and IRS continue to roll out new regulations related to the implementation of the Patient Protection and Affordable Care Act ("PPACA"). On May 10, 2013, the Treasury Department and IRS released the draft regulations, "Computation of, and Rules Relating to, Medical Loss Ratio", which are intended to help Blue Cross and Blue Shield ("BCBS") organizations comply with the Medical Loss Ratio (“MLR”) rules created by the PPACA. Here's the background ›

]]> Bills Call For Nurse Staffing Quotas in Michigan Hospitals Sun, 21 Apr 2013 12:00:00 -0400 http://www.healthlawyersblog.com/Nurse-Staffing-Quotas-Michigan-Hospitals http://www.healthlawyersblog.com/333 Nicole E. Stratton Nurse filling out chartCalifornia is the only state in the country that has mandated nurse-to-patient ratio requirements for hospitals. If the Michigan Nurses Association and Democratic lawmakers are successful in their current legislative efforts, Michigan will be the second.

House Bill 4311 and Senate Bill 228 are identical bills recently introduced in each chamber by Representative Jon Switalski and Senator Rebekah Warren, respectively. The proposed legislation would require hospitals, including state-owned hospitals and state-owned facilities, to develop staffing plans that provide “sufficient, appropriately qualified nursing staff…in order to meet the individualized needs” of patients.

Significant provisions of the legislation include the following: Read More ›

]]> Antitrust Lawsuit Against Blue Cross Blue Shield of Michigan ("BCBSM") Dropped by the Justice Department Tue, 26 Mar 2013 12:00:00 -0400 http://www.healthlawyersblog.com/Antitrust-Lawsuit-Blue-Cross-Michigan-Dropped http://www.healthlawyersblog.com/325 Nicole E. Stratton On Monday, March 25, 2013 the Department of Justice along with Blue Cross Blue Shield of Michigan ("BCBSM") jointly filed a motion to dismiss the case against BCBSM regarding their "most-favored nation" contracts. This lawsuit had been going on for 2.5 years and was scheduled for trial in October. Part of the reasoning for this lawsuit being dismissed is that the Insurance Commissioner on February 1, 2013 banned hospitals or insurers from enforcing most-favored nation agreements in insurance contracts unless they are approved by the Insurance Commissioner. Also, as of January 1, 2014 most-favored nation agreements are banned completely.

Tags: Insurance
]]> Blue Cross Blue Shield of Michigan Conversion Bills Signed into Law Tue, 19 Mar 2013 12:00:00 -0400 http://www.healthlawyersblog.com/Blue-Cross-Blue-Shield-Michigan-Conversion-Bills-Signed http://www.healthlawyersblog.com/323 Gary J. McRayNicole E. Stratton BCBS logoWhile many thought the Blue Cross Blue Shield of Michigan ("BCBSM") conversion bills would be signed into law at the end of 2012, it was not until March 18, 2013 that Governor Snyder signed the proposed legislation into law. The BCBSM conversion bills convert BCBSM from "a tax exempt charitable and benevolent institution" into a nonprofit mutual health insurance company. BCBSM has been operating as a tax-exempt nonprofit since Public Act 350 was signed into law in 1980. (This Public Act is referred to as the previous BCBSM statute.) The previous BCBSM statute made BCBSM Michigan’s “insurer of last resort,” requiring it to accept all customers regardless of their health. Read more about the new laws ›

]]> Recap From the 2013 Health Law Institute Tue, 12 Mar 2013 12:00:00 -0400 http://www.healthlawyersblog.com/2013-Health-Law-Institute-Recap http://www.healthlawyersblog.com/320 Mindi M. JohnsonJennifer B. Van Regenmorter Stacked books w/ appleOn March 7 and 8, 2013, the members of Foster Swift’s Health Care Law Group attended the 19th Annual Health Law Institute. This two-day institute, which is co-sponsored by the Institute for Continuing Legal Education and the Health Care Law Section of the State Bar of Michigan, focused on recent legal developments in health care law. Specific topics addressed at this year’s Health Law Institute included: Read More ›

]]> Payments to Doctors Will Soon be Public Knowledge Tue, 05 Mar 2013 12:00:00 -0500 http://www.healthlawyersblog.com/Payments-Doctors-Public-Knowledge http://www.healthlawyersblog.com/316 Nicole E. StrattonMindi M. Johnson Tablet w/ financial dataUnder the Patient Protection and Affordable Care Act, companies that provide drugs, medical devices, biologicals or other medical supplies covered by certain government programs (Medicare, Medicaid or the Children's Health Insurance Program) are required to annually report certain payments they make to physicians. According to a recently issued final rule, payment categories will include: Read More ›

]]> Avoiding Michigan’s Right to Work Legislation Thu, 28 Feb 2013 12:00:00 -0500 http://www.healthlawyersblog.com/Avoiding-Michigan-Right-to-Work-Legislation http://www.healthlawyersblog.com/313 Michael R. BlumLauren B. Dunn Michigan’s Right to Work legislation (“Legislation”) was signed into law by Governor Synder on December 12, 2012.  The Legislation will become effective on the 91st day following the final adjournment of the 2012 regular session of the Michigan legislature (December 27, 2012). Unions are attempting to either renew or extend current collective bargaining agreements (“CBAs”) prior to the Legislation becoming effective, in an effort to avoid impact that the Legislation would have on union dues and participation. Read More ›

]]> Proposed Rules Related to Coverage of Contraceptive Services Just Released Wed, 20 Feb 2013 12:00:00 -0500 http://www.healthlawyersblog.com/Proposed-Rules-Coverage-Contraceptive-Services http://www.healthlawyersblog.com/311 Mindi M. Johnson PerscriptionOn January 30, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the “Departments”) jointly released proposed rules related to the coverage of preventive services under the Patient Protection and Affordable Care Act (“PPACA”).  When initially enacted, PPACA required certain health plans to provide benefits for particular preventive health services, including coverage of contraceptives, without the imposition of cost sharing measures (i.e., individuals covered by the plan would not be required to pay anything for the services).  This coverage requirement became effective on the first day of the plan year that followed August 1, 2012.  For calendar year plans, the effective date was January 1, 2013. Read More ›

]]> Health Care Fraud and Abuse Enforcement - It's Not Just Hypothetical Anymore Tue, 12 Feb 2013 12:00:00 -0500 http://www.healthlawyersblog.com/Health-Care-Fraud-Abuse-Enforcement-2012-Report http://www.healthlawyersblog.com/309 Jennifer B. Van Regenmorter Handcuffs & StethoscopeOn February 11, 2013, the Departments of Justice and Health and Human Services jointly released a report stating that the government recovered $4.2 billion in fiscal year 2012 and for every dollar spent on health care-related fraud and abuse investigations in the last three years, the government recovered $7.90. The report indicates that this is the highest 3-year average return on investment in the 16 year history of the Health Care Fraud and Abuse program. The Health Care Fraud Prevention and Enforcement Action Team (“HEAT”), which has operations in Detroit, was instrumental in this recovery effort. Click here for a copy of the full report. Read More ›

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