Oregon Supreme Court rejects negligence and UTPA claims in identity theft case *

USA - February 29 2012
The Oregon Supreme Court on Friday, February 24, 2012 decided that Providence Health System-Oregon ("Providence") could not be held liable to patients for negligence or violation of the Unlawful Trade Practices Act ("UTPA") after computer disks and tapes containing personal information from an estimated 365,000 patients were stolen from a Providence employee's car.

Co-authors: Jeremy D. Sacks, Beverly C. Pearman, Anthony R. Miles .

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U.S. Supreme Court sends Medicaid rate cut challenge back to Ninth Circuit *

USA - February 27 2012
On February 22, 2012, the U.S. Supreme Court vacated and remanded Douglas v. Independent Living Center of Southern California to the Ninth Circuit for further review.

Co-authors: Reilley Keating, Beverly C. Pearman.

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HHS OIG advises physicians to use caution when reassigning medicare payments *

USA - February 23 2012
The Department of Health and Human Services, Office of the Inspector General ("OIG") recently issued a broad warning that physicians who reassign their right to bill Medicare and receive Medicare payments may be liable for false claims submitted by the entities to which the physicians have reassigned their Medicare rights.

Co-authors: Per A. Ramfjord, Jeremy D. Sacks, Beverly C. Pearman.

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Final rule for group practices that provide advanced imaging services *

USA - December 10 2010
In April 2010, we alerted you to new Stark Law requirements contained in the Patient Protection and Affordable Care Act ("the Act") that apply to "group practices" that offer advanced imaging services (MRI, CT and PET).

Co-authors: Barbara L. Nay, Anthony R. Miles .

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Ninth Circuit adopts "implied false certification" theory in False Claims Act cases *

USA - September 30 2010
On August 9, 2010, a panel of the U.S. Court of Appeals for the Ninth Circuit joined five of its sister circuits in expressly adopting the "implied false certification" theory of liability under the False Claims Act ("FCA"), providing an additional arrow in the quivers of qui tam relators and whistleblowers in the western United States.

Co-authors: Jamie S. Kilberg , Jeremy D. Sacks.

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