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Keeping you afloat amidst the rising sea of regulations

Top Health Care Advisor Rachel Hold-Weiss Returns to Arent Fox

Health Counselor LLP is pleased to announce the return of health care regulatory attorney Rachel Hold-Weiss as a partner in the firm’s New York office. Ms. Hold-Weiss is re-joining Arent Fox after serving as the Associate General Counsel and Corporate Compliance Officer for the Personal-Touch Home Care companies. A welcome addition to the firm’s nationally recognized Health Care practice, Ms.

California Governor Vetoes Bill Seeking To Eliminate Mandatory Arbitration Agreements in Employment

Assembly Bill 465, the California bill that sought to eliminate arbitration agreements as a condition of employment and in other settings, was vetoed by Governor Jerry Brown, on October 11, 2015. AB 465 will go back to the House where it originated for further consideration and will require a two-thirds vote by both houses to overturn the veto.

Medical Providers: How NOT to State an ERISA Claim

The 7th Circuit just denied ERISA rights to medical providers, but this doesn’t have to be the result. On October 1, 2015, the Court of Appeals for the Seventh Circuit issued a decision holding that in-network chiropractors were limited to the remedies available under their network contract with Blue Cross and could not invoke rights under the Employee Retirement Income Security Act (ERISA).

What the Obergefell v. Hodges Decision May Mean to the Health Care Industry

King v. Burwell understandably took the attention of the health care industry a couple of weeks ago when it upheld a key component of the Affordable Care Act. A day later, however, the Supreme Court released another decision that may have a more significant going-forward impact on the health care industry: the Obergefell decision, which declares that gay individuals have a right under the 14th Amendment and Equal Protection Clause of the U.S.

Nursing Facilities Should Take Note of California Trial Court Decision About Health Care Decision Making

Who can make healthcare decisions for an incompetent patient when there is no person available to give consent?

Subsidies Survive! Supreme Court Upholds ACA Tax Credits in King v. Burwell

In the long awaited decision in King v. Burwell, the Supreme Court ruled this morning in a 6-to-3 decision that the Affordable Care Act (ACA) permits tax credits for individuals who purchase their health insurance through a Federal health insurance marketplace (Federal Exchange), not just for individuals who purchase through State-operated marketplaces.

California Court of Appeal Confirms Limited Recovery Under Health & Safety Code Section 1430(b)

* The following alert was originally published in California Healthcare News (CHN). To read it on the CHN website, click here.

Supreme Court Blocks Path for Health Care Providers Seeking Additional Medicaid Funding

On March 31, 2015, the Supreme Court of the United States issued a 5-4 decision in the case of Armstrong v. Exceptional Child Center, Inc., 575 U.S. __ (2015), holding that health care providers do not have the right to sue a state Medicaid program under Section 30(A) of the federal Medicaid Act (Section 30(A)) for injunctive relief.

Recent Minnesota Supreme Court Decision Regarding Medical Staff Rights and Bylaws Raises Interesting Issues, But Does Not Affect California Law

Medical Staff and medical center leaders, and those who advise them, often view the Medical Staff Bylaws as Holy Writ, or very close thereto. When the Bylaws specifically and directly speak, for example, in matters of credentialing criteria, peer review processes, and Medical Staff hearing procedures, the pronouncements are not viewed as suggestions or hints. Rather, the Medical Staff Bylaws set forth requirements.

Partner Lowell Brown Quoted by Bloomberg BNA’s Health Law Reporter about Top Health Care Legal Issues in 2015

Arent Fox Health Care partner Lowell C. Brown was quoted several times in an article in Bloomberg BNA’s Health Law Reporter. The article outlined legal issues that health care providers can expect to face in 2015. The list included hospital/physician alignment, health information and technology, antitrust, fraud and abuse, health plan regulation, Medicaid, Medicare, corporate governance, and licensure.