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To date, OCR has neither brought any enforcement actions against BAs nor included BAs within the scope of the HIPAA audit program.

Recently, the U.S. Food and Drug Administration (FDA) issued a guidance document entitled Use of Real-World Evidence to Support Regulatory Decision-Making for Medical Devices.

The Supreme Court upheld the Patient Protection and Affordable Care Act in a landmark 5-4 decision, which prompted many in business, the administration and states around the country to proceed with the Act’s implementation, while others are preparing for a major political effort to repeal the law.

On November 1, 2018, CMS issued a 2,379 page final rule titled "Revisions to Payment Policies under the Medicare Physician Fee Schedule, Quality Payment Program and Other Revisions to Part B for CY 2019."

A few days ago, the U.S. Department of Health and Human Services ("HHS"), through its Office for Civil Rights, issued the proposed rule HIPAA Security Rule to Strengthen...

On September 30, 2011, CMS, for the first time, issued guidance on the use of Liability Medicare Set-Aside Arrangements (LMSAs) related to liability insurance settlements and judgments (the Guidance).

Al Schmidt, the lone Republican City Commissioner and the target of direct attacks from former President Trump during the 2020 election, said that he will resign from his position in January to...

Although City Council was planning on returning to in-person meetings later in September, Council President Clarke announced that City Council will continue to meet virtually due to the spread of the Delta variant.

Councilmember Helen Gym is proposing a bill that would require all Philadelphia public schools to install modern water filters wherever school water can be tapped by 2025.

Massachusetts AG Andrea Joy Campbell has announced that she will seek a second term as AG. Campbell, a Democrat, is the first Black woman to be elected to statewide...

On November 10, 2021, the U.S. Department of Homeland Security (DHS) reached a settlement in a landmark case, which provided structural changes for nonimmigrant H-4 and L-2 spouses ...

A federal judge recently concluded that the statute of limitations period does not begin to run for common law bad faith actions filed in Pennsylvania until the plaintiff has suffered damages.

In "Federal Ins. Co. v. Safe Net, Inc.", 2011 WL 4005353 (S.D.N.Y. Sept. 9, 2011), a New York federal judge granted partial summary judgment in favor of Federal Insurance Company (Federal), holding that SafeNet, Inc. (SafeNet) and its vice president and chief financial officer failed to comply with the consent-to-settle provision in their D&O policy and were thus precluded from recovering under the policy with respect to their settlement of a securities fraud class action.

In Fieldston Property Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., 2011 NY Slip Op. 01361 (Feb. 24, 2011), the New York Court of Appeals ruled that a D&O policy’s excess "other insurance" clause relieved the D&O insurer of any obligation to reimburse a CGL insurer for defense costs incurred in connection with two underlying tort actions.

The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a complaint filed by the Native Village of Kivalina and the city of Kivalina (collectively Kivalina) against 22 of the world’s largest energy producers alleging damages caused by global warming. Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. filed Sept. 21, 2012).

While several courts around the country have concluded a potentially responsible party ("PRP") letter from the U.S. Environmental Protection Agency ("EPA") or a state regulatory agency is sufficiently adversarial to be the functional equivalent of a suit, no reported decision has yet extended that rationale to a request for information letter received from a regulatory agency.

In "Standard Fire Ins. Co. v. Knowles", the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act.