Health Law Advisor

Increasingly, state antitrust enforcement authorities are taking an interest in and/or becoming involved in the review of hospital transactions. While parties often focus on the review process at the Federal Trade Commission (FTC), careful planning will take into account the fact that the State antitrust authorities may become involved as well. Among other things, it is common for FTC staff to coordinate a review of a transaction with State officials. 

A State's antitrust division falls under the authority of the State Attorney General. The State AG's office often has interests ...

Written by: Kara M. Maciel and Adam C. Solander

While some employers may have been disappointed with the U.S. Supreme Court’s recent decision affirming the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”), there may be a silver lining to the seemingly dark cloud.  By virtue of upholding PPACA, the Supreme Court also upheld Section 2705 of PPACA, the provision of the law that will allow employers to provide their employees incentives, up to 30 percent of their premiums, in return for participation in an employer-sponsored wellness program.  ...

Dale C. Van Demark

Recent reports suggest the telemedicine industry will grow rapidly and broadly in the next few years. Patient surveys seem to lend support to these suggestions as the surveys suggest that around the world people are ready and able to adopt more telemedicine solutions

At the same time, there is a great deal of uncertainty here in the United States about the future. With the Supreme Court upholding the constitutionality of the Affordable Care Act, eyes are now turned to the many reforms that appear in the ACA - accountable care and payment reform; health insurance ...

A two-part video featuring Paul Rosenberg and Evan Rosen

The past year has seen a radical transformation of the rules and laws governing labor relations. The National Labor Relations Board (NLRB), through both its rule-making and decision-making powers, has made a series of changes with one thing in common–labor unions will find it easier to organize employees and achieve their expansion goals. To help employers understand these new changes by the NLRB and how they affect them, the national law firm of Epstein Becker Green, through its Health Employment And Labor (HEAL) Group, has ...

Stuart Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices at Epstein Becker Green, authored an article titled "The Supreme Court Has Decided, but Can America Afford the Affordable Care Act?"

Following is an excerpt:

By now, every American who pays any attention to the news is aware that on the last day of its now concluded term, the U.S. Supreme Court, with its June 28 decision in National Federation of Independent Business v. Sebelius, U.S., No. 11-393, 6/28/12, has upheld essentially all of the Obama Administration's Affordable Care Act (ACA ...

 A significant yet little-noticed trend is underway. And its effects could be far-reaching.  A growing number of states are enacting so-called telehealth parity statutes. These laws generally require health insurers to pay for services provided via telehealth the same way they would for services provided in-person. Almost a third of all states have enacted these statutes, and I predict more states will be jumping on the bandwagon. Telehealth is indeed going mainstream.

Maryland became one of the latest states to jump on the bandwagon when the state’s governor signed a telehealth ...

While I may be stating the obvious, hospitals and health systems are complex creatures that frequently drive local economies, culture and population health status (among other things).  Accordingly, when considering a potential change of control transaction, it is critical that you examine what drives your organization and what [in the community] your organization drives.  In particular, the latter is frequently overlooked in these circumstances.

What Drives Your Organization (Your Mission)

So, how do you begin to identify your organization's priorities?  I recommend ...

By Amy Traub, Michael Kun, and Anna Kolontyrsky

As employers know, not only are FLSA collective actions more prevalent than ever, but they can be costly to defend or resolve.  In an attempt to bring quick closure to such cases, somedefendants have attempted to settle such claims with the individual plaintiff alone through a Rule 68 offer of judgment before a class has been conditionally certified.

This strategy has come under attack.  And the United States Supreme Court will now determine whether it is permissible.

The United States Supreme Court has elected to review a Third Circuit ...

On Monday, July 2, 2012, Epstein Becker Green conducted a webinar titled "Decision 2012: What's In, What's Out, and What's Next?" examining the monumental decision (PDF) issued by the Supreme Court of the United States on the Patient Protection and Affordable Care Act.

This webinar analyzed the decision and its implications for the states, the health care and life sciences industry, and employers. It also addressed potential congressional activity and the decision's impact on the presidential election.

Click here to view the recording of this webinar (WMV file)

Dale C. Van Demark

Not by much – but perhaps in a unique way.

The increased pace of hospital and health system merger activity we've seen in the marketplace has had little to do with the Patient Protection and Affordable Care Act (the "ACA"). Rather, broader market conditions, some of which are affected by the ACA, have been driving hospital market consolidation. The financial crisis, which negatively impacted many hospitals' ability to raise capital or maintain their credit ratings, and the downturn in the broader economy, which resulted in fewer people seeking care, have created ...