Articles and Blogs

Litigators and litigants should always be wary of templates, unconsidered boilerplate pleadings—and unnecessary motion practice. Last week, a federal court in Wisconsin struck boilerplate affirmative defenses that lacked “short and plain statement of the facts and…the necessary elements of the defenses.”[1] The ruling reinforced the Seventh Circuit’s standards for affirmative defenses—even though the judge thoroughly…Read More

Senate Finance Committee Releases Drug Pricing Reform Package On July 25, the Senate Finance Committee advanced their comprehensive Medicare and Medicaid drug payment reform legislation. The bill now heads to the full Senate floor. A day earlier, Chairman Charles Grassley (R-IA) and ranking member Ron Wyden (D-OR) released the text of the chairman’s mark on…Read More

On July 8, 2019, the Sixth Circuit issued an employer friendly opinion strengthening the enforceability of routinely included mandatory arbitration provisions in employment contracts. In its opinion, the court rejected a former employee’s claim that “two completely different and conflicting terms” for resolution of all legal disputes rendered the mandatory arbitration clause in his employment…Read More

Effective July 1, 2019, The Joint Commission (“TJC”) implemented new and revised requirements regarding suicide prevention for all TJC-accredited hospitals and behavioral health entities. The seven new and revised requirements, part of TJC’s elements of performance (“EPs”) under National Patient Safety Goal (“NPSG”) 15.01.01, are designed to improve quality and safety of care for patients…Read More

On July 10, 2019, CMS issued proposed rulemaking titled Medicare Program; Specialty Care Models to Improve Quality of Care and Reduce Expenditures. The rule proposes to implement two new mandatory Medicare payment models – the Radiation Oncology Model and the End-Stage Renal Disease (“ESRD”) Treatment Choices Model. Comments on this proposed rule are due no…Read More

Surprise Billing Debate Continues: Legislation Passes House E&C Committee The House Energy and Commerce Committee approved legislation (H.R. 2328) to protect patients from surprise medical bills. The measure would block providers from charging out-of-network rates to patients in certain emergency situations or when a patient unexpectedly receives out-of-network care at an in-network facility and sets…Read More

On July 16, 2019, the Centers for Medicare & Medicaid Services (“CMS”) released a pre-publication copy of the revisions (“Proposed Rule”) to Part 483 to Title 42 of the Code of Federal Regulations the Requirements for States and Long-Term Care Facilities (“RoPs”). CMS stated that it identified a number of existing skilled nursing facility requirements…Read More