The Enemy of My Enemy Is My Friend

We don’t normally think of American Hospital Association and the Federation of American Hospitals as friends.  After all, the AHA represents nonprofits, while the FAH represents for-profits.  But in recent days something has brought them together: their mutual opposition to the physician-owned hospitals’ …

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Medicaid Decision Makes Strange Bedfellows

The Idaho Medicaid program scored a victory in the United States Supreme Court today, and did it by persuading normally liberal Justice Breyer to enter the conservative tent reliably inhabited by Justices Scalia, Thomas, Alito, and Roberts. Idaho in-home health care providers have long complained that the State …

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Federal Court Allows Hospital’s Antitrust Claims to Proceed on Narrow Market Definition

Winning an antitrust lawsuit hinges on defining the “relevant market,” and this case may prove the point. Methodist Health Services Corporation notched the first win in its battle against Saint Francis Medical Center as a federal court allowed Methodist’s suit to proceed despite a narrow market definition …

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Charity Hospital’s Antitrust Case Uncharitably Dismissed

The United States District Court for the District of New Jersey dismissed antitrust claims by a charity hospital that alleged two medical centers colluded to squeeze the hospital out of the market for cardiac services. Deborah Heart and Lung Center, a charity hospital located in Browns Mills, New Jersey, asserted …

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OIG Advises that Exclusive Lab Referral Arrangement May be a Kickback

The Department of Health and Human Services Office of Inspector General (OIG) released an advisory opinion (No. 15-04) today that states a proposed arrangement to provide free laboratory tests for certain patients of associated physician practices could implicate the federal anti-kickback law. An unnamed …

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Late Notice of Claim Costs Kentucky Hospital $10 Million

A federal court in Kentucky ruled on March 17 that Ashland Hospital had forfeited $10 million of insurance coverage because it was late in notifying its insurance company of the claim. Ashland had a $15 million directors and officers liability policy with Darwin and a $10 million excess policy with RLI, both …

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