U.S. Supreme Court Issues Important Decision Regarding False Claims Act Liability
On June 16, 2016, the United States Supreme Court issued a unanimous decision which held that an implied false certification made for the purpose of claiming payment from the government can serve as a basis for False Claims Act liability. The court held that when an individual or entity submits a claim to the government […]
NJ Tax Court Upholds Morristown Tax Assessor’s Denial of Property Tax Exemption for Non-Profit Hospital
The New Jersey Tax Court has issued a decision that could have broad implications for a majority of New Jersey’s hospitals. In AHS Hospital Corp vs. Township of Morristown, Dockets Nos. 010900-2007 et als., the Tax Court held that a majority of Morristown Memorial Medical Center’s property was subject to property tax, even though the […]
Appellate Division Holds That Applicants For A Professional License Need Not Exhibit An Intent To Deceive In Order To Have Their License Application Denied Due To Misrepresentation
The Appellate Division recently issued a decision in which it found that an applicant’s failure to disclose information on their application for a license could be denied based on a finding that their application contained a misrepresentation, even if the failure to disclose was unintentional. In Matter Of Y.L., an applicant for a license as […]
Beth Christian Receives the 2014 Distinguished Service Award by NJSBA’s Health Law Section
Beth Christian, a Shareholder in GH&C’s Health Care Practice Group was recently presented with the 2014 Distinguished Service Award by the Health Law Section of the New Jersey State Bar Association. The honor was given to her in recognition of her outstanding service and contributions. For full press release please click here.
Legislature Expands Health Care Service Firm Licensing Requirements
Recent amendments to the health care service firm law will require companies providing companion services in New Jersey to become registered as a health care service firm. Currently, entities that place or arrange for the placement of personnel to provide health care or provide personal care services in the personal residence of a person with […]
Appeals Courts Issue Conflicting Decisions Regarding Health Care Exchange Subsidies Under the ACA
Yesterday, two different federal appeals courts issued conflicting decisions regarding the provision of premium subsidies under the Affordable Care Act to individuals who access health insurance coverage in states that use the federal exchange. A three judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that language of the Affordable Care […]
Appellate Division Holds that Nurse who Refused Flu Vaccine was Improperly Denied Unemployment Benefits
Efforts by health care related employers to mandate flu vaccination for all of their employees appears to have suffered a setback in New Jersey. Last week, the Appellate Division issued its decision in Valent v. Board of Review, Department of Labor and Hackettstown Community Hospital and reversed the denial of unemployment benefits for a nurse […]
EMERGENCY DEPARTMENT PHYSICIANS AND HOSPITAL FOUND NOT LIABLE FOR FAILURE TO INITIATE CHILD ABUSE REPORT
The New Jersey Supreme Court has issued a decision finding that an emergency department physician and the hospital where he worked did not breach their duty to report suspected child abuse for failure to report a child’s ingestion of cologne. The Supreme Court reversed an earlier decision of the Appellate Division, which had found that […]
ANY WILLING PROVIDER LAWS PROPOSED
There are many skirmishes taking place in the implementation of the Affordable Care Act. One deals with the narrowing of the provider networks, resulting in the exclusion of a number of providers from the networks being offered under the various plans on the exchanges, and in some cases, even those plans being offered outside of […]
No Physician Shortage
In today’s New York Times (December 5, 2013), a guest editorial by Scott Gottlieb, an internist and fellow at the American Enterprise Institute; and Ezekiel J. Emmanuel, the former health care policy advisor to the Obama Administration; representatives of both the right and the left, argue that there will not be a doctor shortage due […]
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