A United States District Court judge for the District of Columbia has granted summary judgment to the government, finding that the Secretary of the Department of Health and Human Services had the discretion to reject Johnson & Johnson’s program to offer rebates instead of discounts to 340B covered entities. In reaching his conclusion, Judge Rudolph […]
In a victory for providers, the Fifth Circuit Court of Appeals has affirmed the District Court opinion striking down the rules governing how payments for out-of-network payments should be determined in arbitrations under the No Surprises Act. Congress passed the No Surprises Act to prevent patients from being surprised by bills for out-of-network cost sharing
THE FIFTH CIRCUIT AFFIRMS TMA AND PROVIDER WIN STRIKING DOWN NO SURPRISES ACT RULES Read More »
Last Friday, the American Hospital Association released a 9-page report detailing the increasing financial pressures the nation’s hospitals are facing due to rising reimbursement denials and delays from payers, including Medicare Advantage and commercial plans. Among other things, the report — which analyzed data from 1,300 hospitals across the country — found that the median
Former U.S. District Judge U.W. Clemon writes at AL.com that the Supreme Court must be expanded to preserve opportunity for disadvantaged groups. Judge Clemon, a good friend of Whatley Kallas and our frequent co-counsel, movingly describes his own experience: the University of Alabama barred its doors to him as an undergraduate and a law student
JUDGE U.W. CLEMON ADVOCATES FOR SUPREME COURT EXPANSION Read More »
The Office of the Inspector General for the Department of Health and Human Services (“OIG”) has issued a report of its audit of Cigna-HealthSpring of Tennessee’s (“Cigna”) submission of diagnosis codes for its Medicare Advantage members to CMS, which entitled Cigna to additional risk adjustment payments under the Medicare program. The OIG found that the
On September 30, 2022, the Massachusetts Bar Association held its annual Health Law Conference. During the conference, which focused on the rapidly evolving area of telehealth law, Mr. Sheehan spoke about issues concerning telehealth coverage issues developing in the context of commercial insurance. For more information about the conference, and to find out how to
Truvada is a blockbuster drug used to treat and prevent HIV infection. Manufactured by Gilead Sciences, Truvada is a combination of two patented drugs in one pill. Several generic drug manufacturers challenged the validity of the patents on these drugs, especially one called emtricitabine. Gilead settled all of this litigation, including a case it filed
JUDGE RULES THAT CLAIMS RELATING TO TRUVADA CAN PROCEED Read More »
Anthem, Inc., now known as Elevance Health, reported strong profits of $2.4 billion for the second quarter of 2022, an increase of 13.7% over the prior year quarter. Anthem’s operating revenues were also sharply up, growing 15.6% over the prior year quarter to $38.5 billion. Anthem’s adjusted net income was $8.04 per share, beating analysists’
UnitedHealth Group’s second quarter 2022 earnings report showed that its medical care ratio (MCR) was 81.5%, lower than its expected MCR of 83%. An insurer’s MCR, which is frequently referred as the medical loss ratio, represents the insurer’s spending on claims compared with its earnings from premiums. United’s lower than expected MCR means that it
On June 15, 2022, the Supreme Court issued a unanimous ruling in American Hospital Association et al. v. Becerra, overturning Medicare rules that significantly reduced payments to 340B hospitals for outpatient drugs. The specific issue in the case was whether the Department of Health and Human Services had the authority under the Medicare Prescription Drug,