Dorsey Health Law Blog

The False Claims Act and the Anti-Kickback Statute: Causation, Materiality, and the Connection Between the Two

Violations of the federal Anti-Kickback Statute (the “AKS”)[1] have long served as a basis for liability under the federal False Claims Act (the “FCA”).[2]  Recently, however, there has been increasing uncertainty regarding how far a violation of the AKS sweeps to render claims “false” under the FCA.  Courts are currently at odds with each other...

Indiana Notification of Health Care Transactions Law Takes Effect

On July 1, 2024, Indiana’s new health care transactions notification law takes effect.[1] The law is designed to increase government oversight of mergers and acquisitions involving health care entities. Indiana joins a growing number of states that have passed similar legislation implementing notice requirements and increasing antitrust evaluations for certain health care transactions.[2] The following...

Developments in Mental Health Parity Litigation

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s Nicholas J. Pappas...

Significant New Healthcare Privacy and Cybersecurity Developments

As the federal government continues to take action in response to events impacting the healthcare landscape, stakeholders must ensure that they are staying up-to-date with health information privacy and security developments in the healthcare industry. This blog post summarizes two recent significant actions: a new HIPAA final rule and proposed federal cybersecurity legislation. New HIPAA...

What Employers Need to Know about Iowa’s Religious Freedom Restoration Act

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s William Miller and...

Popovich v. Allina Health – Sea Change, Ripple, or Something In-Between?

In July 2020, the Minnesota Supreme Court in Popovich v. Allina Health, 946 N.W.2d 885 (Minn. 2020), departed from 30 years of precedent regarding vicarious liability for hospitals. Before Popovich, a hospital could not be held vicariously liable for the negligence of independent contractors. After Popovich, a hospital can be held liable under a theory of apparent authority...

Corporate Transparency Act and the Friendly Physician Model

On January 1, 2024, final regulations issued by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) went into effect in order to implement the requirements of the Corporate Transparency Act (“CTA”). For background on the CTA and an outline of the final regulations generally, please see this separate Dorsey publication written by...

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain a challenge for HIPAA-covered entities as well as for their business associates. 2023 brought a large number of important HIPAA-related developments and lessons-learned...