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US Supreme Court rules in favor of healthcare provider in identity theft dispute

JURIST

The US Supreme Court ruled Thursday in Dubin v. United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision.

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US Appeals Court rules Pfizer plan to cover heart medication copays violates US law

JURIST

The Inspector General said that the program would violate the federal Anti-Kickback Statute (AKS), a law meant to prevent fraud and abuse in connection with Medicare and Medicaid. A district court in New York upheld the DHHS’s interpretation of the AKS.

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More On Powers of Attorney, Arbitration Agreements, and Wrongful Death

Day on Torts

While the Agreement was ‘optional,’ it was bound up in the context of a healthcare decision[.] …The We conclude that…[the daughter’s] signing the Agreement on Decedent’s behalf was part and parcel of a healthcare decision. The POA did not provide or even contemplate healthcare decision-making power for [daughter]. …The

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Ruling that nursing home arbitration agreement was invalid reversed.

Day on Torts

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

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Medicare preempts liability claims for denial of skilled nursing facility services

At the Lectern

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

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Insufficient certificate of good faith leads to summary judgment for defendant.

Day on Torts

Bradley Healthcare and Rehabilitation Center , No. The Court noted that this interpretation “comports with the purpose of the certificate of good faith—weeding out frivolous lawsuits.”. Applying this reasoning to the case at hand, the Court ruled that Exhibit 7 did not satisfy the certificate of good faith requirements.

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Novartis En Banc and Amicus Support

Patently O

Accord Healthcare, Inc., The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. by Dennis Crouch. The Federal Circuit is now considering a pending en banc petition in Novartis Pharm. 21-1070; petition from 38 F.4th 4th 1013 (U.S.