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The healthcare sector's exponential growth continues and the latest projections from the Centers for Medicare and Medicaid Services Office of the Actuary are that expenditures will reach a $7.7 trillion by 2032.

The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) have finalized a rule designed to "remove legal and regulatory barriers that can impede care coordination in furtherance of the Shared Savings Program" and "reduce burden on ACOs, ACO participants, and ACO providers/suppliers."

This week DOJ announced one of the first civil settlements under the FCA involving abuse of the pandemic flexibilities that the Department of Health and Human Services used to authorize broader use of telehealth during the COVID public health emergency.

In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months. In this issue,

A number of recent cases demonstrate HHS' Health Care Fraud Prevention and Enforcement Action Team's success in cracking down on healthcare provider fraud.

On April 20, the U.S. Department of Health and Human Services Office of Inspector General (OIG), in collaboration with the Association of Healthcare Internal Auditors, the American Health Lawyers Association and the Health Care Compliance Association, published a new guidance document for governing boards of healthcare organizations on their obligations concerning compliance oversight.

There are also concerns about contracting with the payers at acceptable rates if you're not rolled up into a health system.

We are in the midst of a trend involving the "outsourcing" of certain outpatient and ambulatory services by hospitals and health systems.

Healthcare Services Investing

The Federal Circuit rejected a bid by cloud infrastructure company Densify to revive a jury's patent infringement verdict against Morrison & Foerster client VMware, Inc.

Not often does the Trademark Trial and Appeal Board consider whether a drug is a drug. But that's what happened when the Board reviewed the mark THCTea—finding it misdescriptive.

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences...

Between various blanket Section 1135 waivers and state specific waivers issued by CMS, provisions of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) and numerous state, ...

In U.S. v. Genesis Global Healthcare, 2023 WL 3656925 (S.D. Ga. May 25, 2023), a Georgia district court denied three (3) Motions to Dismiss the Second Amended Complaint...

The Supreme Court recently declined to review Personalized Media Communications, LLC v. Apple Inc., where a divided panel of the Federal Circuit upheld the district court's finding...

On March 30, 2010, President Obama made law of the final chapter of health care reform when he signed the reconciliation bill (H.R. 4872, the "Health Care and Education Affordability Reconciliation Act of 2010" or "Reconciliation Bill") passed by both houses of Congress on March 25, 2010, which amended the landmark health reform legislation, H.R. 3590 (the "Patient Protection and Affordable Care Act") signed by the President on March 23, 2010.