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    Health eSource March 2020

     

    Health

    Guest Chair's Column: Well-being in a Time of COVID-19

    By Alexandria Hien McCombs, Immediate Past Chair, ABA Health Law Section

    Novel coronavirus (COVID-19). Centers for Disease Control and Prevention (CDC). Global pandemic. World Health Organization (WHO). State of emergency. Shortage of test kits, medical supplies, hospital beds, and healthcare professionals. Shelter-in-place orders. Business and school closures.

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    Sanford Health False Claims Act Settlement: The Inherent Risks of Engaging with Physician-Owned Distributorships

    By Hamza Siddiqui, Esq., Dallas, TX

    On October 28, 2019, the United States Department of Justice (DOJ) entered into a settlement agreement with Sioux Falls, South Dakota-based hospital entities Sanford Health, Sanford Medical Center and Sanford Clinic (collectively, Sanford) for $20.25 million to settle claims for alleged violations of the False Claims Act (FCA) for knowingly submitting false claims to federal healthcare programs resulting from violations of the Anti-Kickback Statute (AKS) and for performing medically unnecessary spinal surgeries.

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    Southern District New York Ruling Reignites the Debate on Conscientious Clauses in Healthcare

    By Shamika L. Mazyck, J.D., M.S., Quarles & Brady, Indianapolis, IN

    In May 2019, the Department of Health and Human Services (HHS) published a Final Rule (Rule) recognizing the right of an individual or entity to abstain from participation in medical procedures, programs, services, or research activities on account of a religious or moral objection. The Rule was slated to go into effect on November 22, 2019, and has drawn eight challenges across four different federal district courts. The challenges were filed by an assortment of states and reproductive health groups.

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    Opioid Epidemic Trends and Insights: Law Enforcers are Expanding and Transforming Their Toolbelts to Hold Anyone and Everyone Accountable for this National Emergency

    By Katy Baum, Esq., Rush University System for Health, Chicago, IL and Wellesley Anna DuBois, J.D. Candidate 2021, Texas Tech University School of Law, Lubbock, TX

    The opioid epidemic is one of the most significant health crises plaguing the United States. It is estimated that the epidemic claims nearly 130 lives per day. The epidemic’s effects are traceable to a diverse group of actors ranging from multi-million-dollar pharmaceutical companies to small town solo practitioner physicians. Accountability mechanisms for this varied group are equally diverse in type, size, and scope.