Review health risk assessment use under new GINA rules
December 1, 2009
Financial incentives and penalties are no longer permitted when genetic information is requested on health risk assessments
Barry Senterfitt
Political maneuvering misses the point on rising costs
November 1, 2009
Few are paying attention to the cost curve and the potential for state to enact their own reform measures
Silent PPOs under scrutiny
October 1, 2009
Model legislation adopted by NCOIL provides that the third party accessing the contract must comply with contacting terms
Employer-mandated spending requirement challenged
August 1, 2009
The Golden Gate Restaurant Association argues that contributions to San Francisco's Health Access Program under a 2006 ordinance are preempted by ERISA
Economy causes greater scrutiny of insurers
December 1, 2008
In the midst of current financial turmoil, the industry entrusted with the greatest accumulation of funds is the insurance industry. MCOs and HMOs should expect greater scrutiny of their finances.
Proposed HIPSA Legislation Intends to Tighten Privacy Rules
January 1, 2008
Sens. Leahy and Kennedy have introduced the Health Information Privacy and Security Act of 2007 (HIPSA), which if enacted into law, would require HHS to revise HIPAA.
Understand choice, implications of law principles
December 1, 2007
Choice of law issues arising from coverage disputes of both individual and group insurance policies many times determine which party will prevail on the merits of a particular case. Also, in today's mobile economy, insurance transactions frequently cross state boundaries.
Corporate practice of medicine seen as ancient approach
March 1, 2007
The Illinois Supreme Court recently confirmed that the corporate practice of medicine doctrine is still alive and well in the state of Illinois. In Vine Street Clinic, et al. v. HealthLink Inc., the court concluded that percentage-based fees charged by the owner of a healthcare provider network were illegal under the state's medical practices act.
False Claims Act proves difficult to fight
February 1, 2007
The federal False Claims Act (FCA) is the government's primary weapon to combat fraud. It empowers the federal government to file actions against those alleged to have knowingly submitted false or fraudulent claims to the government. Since 1986, the Department of Justice has recovered more than $15 billion under the law.
Anticompetitive activities may not give rise to antitrust claim
January 1, 2007
The Supreme Court has referred to U.S. antitrust laws as the Magna Carta of free enterprise—a set of laws as important to the preservation of economic freedom as the Bill of Rights is to the protection of personal freedoms. While these laws are typically enforced by state and federal governments, i.e., the Department of Justice and state attorneys general, they also provide for a private right of action enforceable by persons who have been injured by activities that are forbidden by the antitrust laws.
