News & Analysis as of

Hospitals Appellate Courts

Sheppard Mullin Richter & Hampton LLP

Age Discrimination Act—Which Proscribes Age Discrimination in Programs Receiving Federal Assistance—Does Not Apply to Medical...

The Age Discrimination Act of 1975 (the “Age Act”) proscribes age-based discrimination in programs and activities that receive federal financial assistance. The Age Act generally does not restrict age discrimination in...more

Marshall Dennehey

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a...

Marshall Dennehey on

Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients....more

Procopio, Cory, Hargreaves & Savitch LLP

Contract Terms Serve as Eligibility Criteria for Medical Staff Membership and Privileges

A California Court of Appeal has provided additional guidance on how hospital decision making and contracting with medical groups for services influence or affect medical staff operations and fair hearing rights. The court...more

Rivkin Radler LLP

Criminal Prosecution Power Of Justice Center Limited By NYS Court Of Appeals

Rivkin Radler LLP on

On March 30, 2021, the New York Court of Appeals dealt a blow to the prosecutorial power of the Justice Center for the Protection of People with Special Needs (“Justice Center”). The Court, in People v. Viviani, et. al.,...more

Husch Blackwell LLP

Court Of Appeals Upholds Hospital Price Transparency Rule

Husch Blackwell LLP on

We previously outlined the requirements of the Hospital Price Transparency Rule (the “Rule”), which goes into effect January 1, 2021. Since releasing that blog post, the U.S. Court of Appeals for the District of Columbia...more

King & Spalding

Court of Appeals Reverses Hospitals’ Victory in 340B Drug Reimbursement Case

King & Spalding on

On July 31, 2020, the U.S. Court of Appeals for the District of Columbia Circuit reversed a district court decision that had found unlawful Medicare’s nearly 30 percent rate cut for separately payable outpatient drugs...more

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