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Health

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

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

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?

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

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).