The Federal Trade Commission (“FTC”) has proposed a rule that would, in its words, “categorically” ban non-compete clauses in labor contracts. Non-compete clauses are terms in labor agreements that prevent a worker from accepting employment with a competitor or starting a competing business after leaving an employer, generally for a certain period of time and […]
THE FTC PROPOSES RULE THAT WOULD BAN NON-COMPETE CLAUSES Read More »
Non-compete clauses are increasingly common in healthcare provider contracts. Non-compete clauses present numerous legal issues, including their scope and enforceability as both the federal and state governments enact laws and policies governing their use. The attorneys at Whatley Kallas, LLP are keeping up-to-date with this changing legal landscape. Whatley Kallas Of Counsel Deborah Winegard recently
NON-COMPETE CLAUSES ARE COMMON IN HEALTHCARE PROVIDER CONTRACTS 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
Humana, Inc. and Cigna Corporation both reported strong third quarter 2022 profits due to lower than expected payments to medical providers. Humana reported third quarter 2022 profits of $1.2 billion, beating analysts’ expectations. Humana also reported strong third quarter 2022 revenues of $22.8 billion, up by 10.2% from the third quarter of 2021. In announcing
Whatley Kallas is investigating practices by Bayer, the manufacturer of Advantix- and Advantage-branded flea medications for pets, that have allowed Bayer to maintain a monopoly position over the market for veterinary topical flea medications. These practices, and Bayer’s resulting monopoly power, have caused consumers to pay at least tens of millions of dollars more for
Elevance Health (formerly known as Anthem) reported strong profits of $1.6 billion for the third quarter of 2022, an increase of 7.2% over the prior year quarter. Elevance Health’s operating revenues were also sharply up, growing 11.5% over the prior year quarter to $39.9 billion. Both Elevance Health’s third quarter profits and revenues beat analysts’
UnitedHealth Group (“United”) reported strong profits for the third quarter of 2022, with double-digit growth at both UnitedHealthcare and Optum. United’s strong third quarter profits beat analysts’ expectations and prompted UnitedHealth Group to increase its earnings forecast for the year. United posted profits of $5.3 billion for the third quarter, up from $4.1 billion for
In an article headlined “How Insurance Firms Exploited Medicare Advantage for Billions,” the New York Times has exposed how Medicare Advantage plans make their patients appear sicker than they are in order to significantly increase their profits. The Medicare Advantage plans accomplish this by scouring patient medical records for additional diagnoses that they then report
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
Judge Contreras of the federal District Court for the District of Columbia has vacated the Department of Health and Human Service’s rule cutting Medicare reimbursement to 340B hospitals for outpatient drugs for 2022. This means that 340B hospitals will be paid at the default Medicare rate of Average Sales Price plus 6% for these drugs
FEDERAL COURT ENDS CUTS TO PAYMENTS TO 340B HOSPITALS FOR OUTPATIENT DRUGS FOR 2022 Read More »