The Health Lawyer - October 2020

    Vol. 33 No. 1  

    Health

    Chair's Column: Let the hard conversations begin…

    By Hal Katz, Husch Blackwell LLP, Austin, TX

    As most of you know, one of my four priorities for the year is to increase the Health Law Section’s awareness of racial, gender, and ethnic inequities, and implement remediation initiatives. While the Section has a long history of embracing the importance of diversity and inclusion, I believe as lawyers we have a larger role to play in addressing inequities within our profession and in our own communities, and I am committed to doing this work.

    Featured Articles

    Health

    Sex-Based Discrimination in Healthcare Under Section 1557: The New Final Rule and Supreme Court Developments

    By Brietta R. Clark, Professor, Loyola Law School, Los Angeles, CA, Elizabeth Pendo, Professor, Saint Louis University School of Law, Saint Louis, MO and Gabriella Garbero, Saint Louis University School of Law, Class of 2021, Saint Louis, MO

    One of the primary goals of the Patient Protection and Affordable Care Act (PPACA) has been the reduction and elimination of health disparities, generally defined as population-level health differences that adversely affect disadvantaged groups, including disparities associated with sex and gender.

    False Claims Act Risk to Private Equity Healthcare Investors

    Health

    False Claims Act Risk to Private Equity Healthcare Investors

    By Jonathan Ferry, Esq., Bradley Arant Boult Cummings LLP, Charlotte, NC and Jason Mehta, Esq., Bradley Arant Boult Cummings LLP, Tampa, FL

    As many healthcare practitioners and attorneys can attest, private equity investment has become an increasingly prevalent feature of the healthcare industry. From blockbuster deals like KKR’s purchase of Envision Healthcare Corp., to smaller but numerous physician practice buyouts by private equity firms across the country, the perceived benefits of private equity investment have proved alluring to healthcare providers.

    Health

    Digital Contact Tracing in the European Union - Best Practices for United States Legislators and Regulators?

    By Ashley Thomas, Esq., CIPP/US, CIPP/E, Morris, Manning & Martin LLP, Washington, D.C. and Matthew Buchbinder, Esq., CIPP/US, North, Pursell & Ramos, PLC, Nashville, TN

    Countries across the globe have been grappling with the COVID-19 pandemic and how to mitigate its spread. Digital contact tracing has emerged as one solution for managing the pandemic. With digital contact tracing, however, comes significant privacy challenges, in large part because of the sheer scope of sensitive data that is collected through digital contact tracing.

    Health

    Update Regarding Courts' Views on Granston Motions to Dismiss in FCA Cases

    By Sean McKenna, Esq., Spencer Fane, LLP, Dallas, TX and Neil Issar, Esq., Haynes & Boone, LLP, Dallas, TX

    In January 2018, U.S. Department of Justice (DOJ) Civil Frauds Section Director Michael Granston issued a memorandum emphasizing the federal government’s role as a “gatekeeper” of False Claims Act (FCA) qui tam actions to ensure that only cases that advance the government’s interests go forward. The memorandum, known as the Granston Memorandum, provided several factors for DOJ lawyers and local Assistant U.S. Attorneys to evaluate when to seek dismissal under 31 U.S.C. § 3730(c)(2)(A).