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Showing 4 posts by Jack A. Siebers.

Michigan Supreme Court Refuses to Reconsider its Decision to Reject Class Action Against Pharmacies for Allegedly Overcharging Medicaid for Generic Prescription Drugs

On August 5, 2014, the Michigan Supreme Court (the "Court") declined to reconsider its decision to reject two class actions and a qui tam action against CVS Caremark Corporation, Rite Aid of Michigan, Inc., and several other pharmacies. The lawsuits were based on allegations that the companies had overcharged Medicaid for generic prescription drugs.

The underlying case was argued before the Court on January 16, 2014, and the Court ruled against the plaintiffs on June 11, 2014. The plaintiffs argued that the pharmacies violated Michigan Public Health Code, MCL 333.17755(2), which requires a pharmacist to “pass on the savings in cost” when dispensing a generic drug instead of a brand name drug. Read More ›

Categories: Medicare/Medicaid, Pharmacy

New LARA Policy for Professional Services Corporations

The Michigan Department of Licensing and Regulatory Affairs (LARA) Corporations Division has recently implemented a new policy for professional service corporations requiring that the purpose clause in the articles of incorporation includes the type of license held. Previously, only the type of services provided was required.

For example, the purpose clause for a dental practice must now state that the purpose of the corporation is to provide "dental services through a licensed dentist."

This new policy is not stated in any of the LARA materials. However, Foster Swift attorneys and paralegals frequently work with LARA and can help streamline the creation of a professional services corporation by knowing these LARA policy insights.

If you have questions about the new policy or would like assistance with starting a professional services corporation, please contact an attorney at Foster Swift.

Julie C. LaVille authored this article as a Law Clerk.

Categories: Licensing, Physicians, Regulatory

Supplemental Retirement Plan Considerations for Health Care Managers

Retirement Planning ImageFor health care managers, there are a number of available options and strategies to consider when planning for retirement.  In addition to traditional employer plans, an exempt health care provider may also offer supplemental plan options to its managers and highly compensated employees.  Taking advantage of such benefits may prove to be a wise investment decision for health care managers. Read More ›

Categories: Employee Benefits, Employment, Hospitals, Physicians, Retirement

Choosing Your Health Care Alliance Partner

health care alliance partnerEveryone in the health care industry is confronted with consolidation.  If you are a health care provider, you are likely to be confronted with it as governmental regulations and cost pressures continue to prompt alliances and networks among competitors.  Also, anyone looking to engage in the new Accountable Care Organizations created by the Health Reform Act most likely will be joining forces with additional health care entities.  As a health care business attorney, I have been on both sides of the table.  If you are considering an alliance, here are a few suggestions for you to consider based upon my experience in selecting an alliance or network partner. Read More ›

Categories: Health Care Reform, Hospitals, Insurance, Physicians

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Best Lawyers® 2020

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2020 edition. Firm-wide, 42 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2020, click here.