News & Analysis as of

Medicare Statute of Limitations

WilmerHale

In Narrow Victory for Tribal Nations, US Supreme Court Requires Federal Government to Reimburse Tribal Nations for Healthcare...

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On June 6, 2024, the US Supreme Court decided Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe (Nos. 23-250 and 23-253), holding that the Indian Health Service (IHS) must reimburse Native nations,...more

Holland & Knight LLP

Tribes: Act Now to Take Advantage of Supreme Court's Decision on Contract Support Costs

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The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes...more

Holland & Knight LLP

Opposing Endless Extensions of the 60-Day Seal Period in False Claims Act Cases

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Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator's False Claims Act (FCA) case? The appellants in U.S....more

King & Spalding

CMS Publishes Final Rule Regarding CMPs for Late Reporting by Medicare Secondary Payers

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On October 11, 2023, CMS published a final rule (the Final Rule) regarding how and when CMS will impose civil monetary penalties (CMPs) for Medicare secondary payers (MSPs) that untimely report required information. The Final...more

Dinsmore & Shohl LLP

5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse

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An eight-year delay in the DOJ’s intervention decision in a False Claims Act case led to the loss of more than half of the damages awarded at trial. A divided Fifth Circuit panel determined that the government’s claims did...more

King & Spalding

Florida Enacts Transformative Tort Reform Legislation

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On Friday, March 24, 2023, Governor Ron DeSantis signed into law House Bill 837, providing an overhaul to tort law in the state of Florida. The new legislation makes transformative changes, including reducing the statute of...more

Rumberger | Kirk

Florida Tort Reform Now Law: Effective Upon Governor's Signature

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Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Rumberger | Kirk

Potential Changes on the Horizon: Florida Legislature Proposing Significant Tort Reform

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The 2023 Session of the Florida Legislature will involve a number of significant proposed bills, including House Bill 837 which, among other issues, seeks to bring balance and transparency to tort litigation. On February...more

ArentFox Schiff

Investigations Newsletter: Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To...

ArentFox Schiff on

Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To Terminate, Not Notice of Termination - On Wednesday, January 12, 2022, the Sixth Circuit held in El-Khalil v. Oakwood...more

Rumberger | Kirk

Court Clarifies Applicability of Statute of Limitations for the Medicare Secondary Payer Act’s Private Cause of Action

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RumbergerKirk attorneys Nicole Smith, Samantha Duke, and Jeffrey Grosholz secured a final summary judgment in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co. in the United States District Court for the Northern District...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

Carlton Fields

Court Finds No Coverage for $42 Million False Claims Act Suit Due To Late Reporting

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A federal court has found no coverage for a $42 million whistleblower settlement due to the insured’s failure to timely report the claim to its carrier. PAMC, Ltd. v. National Union Fire Insurance Company of Pittsburgh, Pa.,...more

Holland & Knight LLP

Healthcare Law Update: May 2018

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Enforcement - OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor - On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more

Morris James LLP

Medical Malpractice and Healthcare Quarterly - Winter 2016

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Delaware Superior Court Clarifies “Wrong Body Part” Exception to Affidavit of Merit - The Delaware Superior Court recently dismissed a plaintiff’s claim against a physician and clarified the meaning of one of the...more

Morris James LLP

Medical Malpractice and Healthcare Quarterly - Winter 2015-2016

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DELAWARE MOVES TO MAKE TELEMEDICINE MORE ACCESSIBLE - On July 7, 2015, Governor Jack Markell signed into law House Bill No. 69 (DE LEGIS 80 (2015), 2015 Delaware Laws Ch. 80 (H.B. 69)), which amends various provisions of...more

Mintz - Health Care Viewpoints

OIG Defends Its Hospital Compliance Reviews in Response to AHA Criticism

The Office of the Inspector General for the Department of Health and Human Services(“OIG”) responded to concerns expressed by the American Hospital Association (“AHA”) regarding the OIG’s hospital compliance reviews,...more

Sheppard Mullin Richter & Hampton LLP

Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation

E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more

BakerHostetler

American Taxpayer Relief Act Amends Overpayment Recovery Time Limits

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The ATRA significantly alters provider rights related to overpayment recoupment, refunds, audits and claims appeals. A provision entitled "Removing obstacles to collection of overpayments" increases the statute of limitations...more

King & Spalding

Supreme Court Hears Argument in Sebelius v. Auburn Regional Medical

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On December 4, 2012, the Supreme Court heard oral argument in Sebelius v. Auburn Regional Medical Center (Docket No. 11-1231), a case which presents the question whether the Medicare statute’s 180-day time limit for filing...more

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