[03/21/25]
Posted on March 21, 2025 in Litigation Analysis, Mental Health
Published by: Hall Render
The Indiana Court of Appeals (the “Court”) in In re: the Civil Commitment of C.R. upheld the trial court’s Order for Regular Commitment, holding sufficient evidence supported the trial court’s finding that C.R. was dangerous to himself and gravely disabled. In re Commitment of C.R., No. 24A-MH-1485, 2024 WL 5153983 (Ind. Ct. App. Dec.... READ MORE
Tags: Commitment, Grave Disability, mental health
[03/13/25]
Posted on March 13, 2025 in Litigation Analysis
Published by: Hall Render
On January 28, 2025, President Trump issued Executive Order 14187 entitled “Protecting Children from Chemical and Surgical Mutilation” (the “Executive Order”), which sets forth administration policies opposing the provision of gender-affirming care to minors and directs agencies and certain federal health care programs to limit access to such care through measures including halting federal... READ MORE
Tags: executive order, Gender-Affirming Care
[03/10/25]
Posted on March 10, 2025 in HR Insights for Health Care, Litigation Analysis
Published by: Hall Render
On March 5, 2025, the United States Court of Appeals for the Sixth Circuit (the “Sixth Circuit” or “Court”) in Bashaw v. Majestic Care of Whitehall, LLC affirmed the United States District Court for the Southern District of Ohio’s (the “District Court”) grant of summary judgment, finding the reasons for an employee’s termination were... READ MORE
Tags: Employee Termination, skilled nursing facility
[02/28/25]
Posted on February 28, 2025 in HR Insights for Health Care, Litigation Analysis
Published by: Hall Render
On February 26, 2025, the Supreme Court of the United States (the “Supreme Court”) issued its opinion in Waetzig v. Halliburton Energy Services, Inc. It held that the voluntary dismissal of a federal lawsuit without prejudice, under Federal Rule of Civil Procedure 41(a), qualifies as a “final judgment, order, or proceeding” under Rule 60(b),... READ MORE
Tags: Employment Discrimination
[01/17/25]
Posted on January 17, 2025 in Litigation Analysis, Mental Health
Published by: Hall Render
In Re: Civil Commitment of K.K., the Indiana Court of Appeals (the “Court”) dismissed K.K.’s appeal on the basis of mootness, as K.K.’s temporary commitment expired in August 2024. The Court analyzed its mootness standard and the applicability of the public interest exception to the case. Background Under Indiana law, a hearing for involuntary commitment must... READ MORE
Tags: Indiana Court of Appeals, Temporary Commitment
[01/09/25]
Posted on January 9, 2025 in Litigation Analysis, Mental Health
Published by: Hall Render
In R.R. v. Richard L. Roudebush Veterans Affairs Medical Ctr. (“R.R.“), the Indiana Court of Appeals (the “Court”) upheld a trial court’s decision to place a patient diagnosed with schizoaffective disorder under regular commitment. The Court applied the disjunctive test for “gravely disabled” and clarified that a patient’s profound disorganization which hinders the patient’s... READ MORE
Tags: Gravely Disabled, Indiana Court of Appeals, mental health
[11/01/24]
Posted on November 1, 2024 in Health Law News, Litigation Analysis
Published by: Hall Render
Health care fraud remains a significant focus for federal and state enforcement agencies, with particular attention placed on the integrity of Medicaid and Medicare billing. The health care sector, and addiction treatment providers in particular, face heightened scrutiny due to the high volume of claims and the vulnerability of patient populations, particularly those in... READ MORE
Tags: Billing Compliance, health care fraud, Physician Fraud
[10/22/24]
Posted on October 22, 2024 in False Claims Act Defense, Health Law News, Litigation Analysis
Published by: Hall Render
The government lawsuit against defendants Precision Lens and its founder Paul Ehlen, United States ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc. (“Fesenmaier”), has garnered substantial media attention. This is due in part to juicy facts (kickbacks to physicians in such forms as fancy meals and exclusive vacations for which physicians were invoiced at below... READ MORE
Tags: AKS, Anti-Kickback Statute, Excessive Fines Clause, False Claims Act, FCA Penalties
[10/01/24]
Posted on October 1, 2024 in Health Law News, Litigation Analysis
Published by: Hall Render
The Federal District Court for the Middle District of Florida (“the Court”) in United States ex rel. Zafirov v. Florida Medical Associates, LLC et al., recently held that a relator’s role as set forth in the False Claims Act’s (“FCA”) qui tam provision is unconstitutional under Article II’s Appointments Clause and dismissed the case.... READ MORE
Tags: False Claims Act, FCA, qui tam, Whistleblower Lawsuits, Whistleblowers
[08/22/24]
Posted on August 22, 2024 in Health Law News, Litigation Analysis
Published by: Hall Render
On August 15, 2024, the U.S. District Court for the Northern District of Texas in Baylor All Saints Med. Center v. Becerra (“Baylor“), vacated a 2023 regulation by the Department of Health and Human Services (“HHS”) that excluded certain Medicaid-covered patient stays when counting a hospital’s Medicaid patient population for Medicare payment purposes. Medicare... READ MORE
Tags: disproportionate share hospitals, Medicare DSH Payments