In the wake of the changes made to the False Claims Act (the "FCA") by the Fraud Enforcement and Recovery Act ("FERA") and the Patient Protection and Affordable Care Act (P.L. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (together, the "Healthcare Reform Law"), the recent focus of the healthcare community has been on the significantly increased potential for FCA allegations and liability.

Life settlements are life insurance policies purchased in the secondary market from seniors who no longer want or need the policies.

The costs to providers for data breaches of personal health information ("PHI") are dramatically on the rise.

On April 14, 2010, President Barack Obama issued a memorandum to the Secretary of Health and Human Services ("Secretary") directing the initiation of rulemaking to ensure that hospitals respect the right of patients to have and designate visitors.

On August 10, 2010, the President signed into law the Education Jobs and Medicaid Assistance Act of 2010. The new Act is designed to provide nearly $10 billion in healthcare funding.

Emergency department use has increased over the last several years, with the General Accountability Office ("GAO") recently citing a survey statistic that noted from 1997 to 2007, emergency department per capita use increased 11%.

There is a flourishing industry of financial advisors devoted to "asset protection" for the well-to-do who focus on legal structures that will limit the ability of creditors to reach their clients’ assets.

Most often, the nature of the crisis will be unpredictable.

On March 31, 2011, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule which would implement section 3022 of the Patient Protection and Affordable Care Act (Affordable Care Act) relating to Medicare payments to providers of services and suppliers participating in Accountable Care Organizations (ACOs). 76 Fed. Reg. 19528 (April 7, 2011). Under these provisions,

The Supreme Court's decision in Nat'l Federation of Independent Business v. Sebelius, 56 U.S. __ (2012), upholding most of the Patient Protection and Affordable Care Act (the "ACA") raises more questions than it answers, as the focus now will shift to how the ACA's major provisions will be implemented, especially in the states.

The specific issue was whether a general contractor could recover under a subcontractor’s CGL policy for damages to neighboring property caused by work negligently performed by the subcontractor.

The U.S. Supreme Court today (June 28, 2010) handed down its highly-anticipated opinion in the case of Bilski v. Kappos, Case No. 08-964.

The U.S. Supreme Court today (June 28, 2010) handed down its highly-anticipated opinion in the case of Bilski v. Kappos, Case No. 08-964.

The Patient Protection and Affordable Care Act ("PPACA") made a number of changes to the way hospitals and academic medical centers will be reimbursed for training.

In December 2010, the Plenary Committee of the NAIC adopted a significant revision to the Insurance Holding Company System Regulatory Act (Model 440) and the Insurance Holding Company System Model Regulation (Model 450) ("Model Act and Regulation").

Welcome to the inaugural Morris, Manning & Martin Financial Institutions Newsletter. This month marks something of an anniversary as I celebrate my first year as Chair of the MMM Financial Institutions Team.

Various courts have addressed the extent to which an insured's allegation of bad faith eviscerates an insurer's right to invoke the attorney-client privilege.

Captive insurance has been a great benefit to risk managers and businesses that want to structure an efficient insurance program. Captive insurance regulation, however, has been a thorn in the side of some states and the NAIC because it deviates from the norm.

1970, Congress enacted the Organized Crime Control Act within which is the Racketeer Influenced and Corrupt Organizations Act better known as "RICO" (codified as amended at 18 U.S.C. §§ 1961-68 (2011)).

Nonprofit organizations want to know, "What does a high-performing board look like?" Well, it depends! It depends upon the type of organization, the size of the organization, the mission of the organization, the financial wherewithal of the organization, and other factors.