• 04.20.12

    ACO Fraud & Abuse Waivers

    In an extraordinary effort to provide accountable care organizations (ACOs) with flexibility to establish innovative arrangements among hospitals, physicians and patients, the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector ...

  • 04.20.12

    Courts, Sports And Videogames: What's In A Game?

    Although one of the clearest legal thinkers, Louis Brandeis, conceived the modern right of publicity, "unclear" would be an adjective all lawyers would apply to the current state of right of publicity law, regardless of which side of the issue they usually argue. Indeed, although the ...

  • 04.20.12

    Designing Medicaid Benchmark Benefits for New Adult Beneficiaries

    On Dec. 16, 2011, the Center for Consumer Information and Insurance Oversight (CCIIO) within the U.S. Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) released a bulletin providing guidance with respect to: (i) new state flexibility to design the ...

  • 04.20.12

    Unintended Environmental Consequences of the Demise of Redevelopment in California

    California has a rich history of seizing opportunities that, at first glance, seem perilous. Following a significant industrial and manufacturing era in California, many communities in the state were saddled with properties contaminated with hazardous substances. These brownfields properties were ...

  • 04.20.12

    Were Those Jeans Really 'Born In The USA'?

    The Federal Trade Commission has closed its investigation into the legality of advertising claims made by Lucky Brand Dungarees Inc. The FTC initiated the inquiry in an effort to determine if Lucky Brand’s claims that its clothing is “hand crafted in America,” “born in ...

  • 03.26.12

    You've Got to Know When and How to Ask: A Look at Eight Years of 'Certified' Questions to the ...

    Until very recently, federal and out-of-state courts confronting an unsettled issue of California law were forced to guess at how the California Supreme Court would resolve the issue and then undertake to decide the case. Neither federal courts sitting in diversity nor sister-state courts applying ...

  • 03.23.12

    'Macomber' Highlights Danger In Appealing Fee, Cost Awards

    Isn't appealing from the judgment sufficient to challenge a fee or cost award made pursuant to that judgment? Sometimes, but frequently not.Like other notice-of-appeal issues, there are plenty of traps for the unwary who appeal fee and cost awards. When and how to appeal depends on a number of ...

  • 12.19.11

    Key Takeaways From HHS Newly Released Guidance on Exchanges

    On Nov. 29, 2011, the Department of Health and Human Services (HHS) released new guidance on the implementation of affordable insurance exchanges, in the form of a questions-and-answers document and an amended funding opportunity announcement for exchange establishment cooperative agreements.This ...

  • 09.16.11

    Sequestration and Medicare: The Two Percent Solution?

    Congress passed and President Obama signed into law on Aug. 2 the Budget Control Act of 2011 (BCA) to increase the federal debt limit and avoid a projected default on U.S. government obligations. The BCA made reductions in future federal spending. It also created a process through which the Office ...

  • 08.03.11

    CMS Proposed Rule on Health Benefit Exchange Implementation

    In mid-July, the U.S. Department of Health and Human Services (HHS) issued a proposed rule on the establishment of American Health Benefit Exchange (‘‘Exchanges’’) and Qualified Health Plans. These regulations largely codify Affordable Care Act (ACA) requirements, with some ...

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