• 12.20.17

    Court Finds Calls Regarding Medicaid Coverage Not Telemarketing

    A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone number on a hospital registration form.

  • 12.18.17

    CMS Final Rule Reduces Reimbursement Rates for 340B-Eligible Hospitals

    On November 1, 2017, the Centers for Medicare & Medicaid Services (CMS) issued the final rule with comment period revising the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare ambulatory surgical center (ASC) payment system for 2018.

  • 12.18.17

    The Next Frontier in Hospital Mergers: Crossing Geographic Markets

    With the Federal Trade Commission’s successful track record in challenging mergers of provider systems operating in the same geographic area, several hospitals are looking farther afield for merger partners.

  • 12.12.17

    EEOC Touts 'Significant Progress' in FY 2017 Report

    The Equal Employment Opportunity Commission commended itself in the agency’s annual Performance and Accountability Report, highlighting “significant progress” in managing the pending inventory of Fiscal Year 2017 charges with the lowest number of cases in the past decade.

  • 11.28.17

    Dish Network’s TCPA Troubles Continue

    A $61 million judgment in a Telephone Consumer Protection Act (TCPA) class action will stand after a federal court judge denied the defendant’s motion to reduce or set aside the trebled damages award.  

  • 11.28.17

    Seven-Year Junk Fax Litigation Ends in $7M Settlement

    A seven-year-old case involving allegedly illegal faxes may finally be coming to an end after a federal court judge granted preliminary approval to a $7 million deal.

  • 11.28.17

    Calls to VoIP App May Trigger TCPA Liability

    A federal court in Wisconsin held that calls made using Voice over Internet Protocol (VoIP) apps may result in liability under the Telephone Consumer Protection Act (TCPA) where the called party incurs a charge for the call or a deduction of credits from the recipient’s account.

  • 11.28.17

    Consent Questionable in Online Lead Form, Court Rules

    A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear.

  • 11.28.17

    Third Circuit’s Spokeo Decision Applied by Alabama District Court

    The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA) class action pending over 800 miles away in the Northern District ...

  • 11.21.17

    The Legality of Cost-Sharing Reduction Payments Under the ACA

    Health insurers may have experienced uncertainty in 2017 when they were setting 2018 rates for individual plans sold on federal and state exchanges pursuant to the Affordable Care Act (ACA).

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