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DLA Piper DLA Piper Insights
 
Supporting the health of your health system
January 2020
Treat the health of your entire healthcare system. DLA Piper’s lawyers provide guidance to help you tend to your system’s wellness throughout the business life cycle.
CMS and OIG release most expansive changes to the fraud and abuse laws in over a decade
Organizations seeking to resolve criminal charges brought by the DOJ now have a clearly defined framework for an ability- to-pay argument.
Randy Peak, Sean Cuddihy, Wenxi Li, Asha M. Natarajan, Julia Zaft and Summer Galitz
 
Healthcare providers beware! Amendment to Florida Patient Brokering Act may impact previously protected arrangements
The bill’s application extends well beyond the substance abuse space to essentially all Florida healthcare providers.
Joshua Kaye, Russell Sass and Julia Zaft
 
Healthcare market proves strong with investors finding returns generally outweigh the risk
Who’s buying, what are they buying, and why? Understanding industry trends and managing risk assessment.
 
 
Fifth Circuit Court of Appeals affirms CMS demand for return of $8 million from failed care management demonstration project
In a demonstration project, the provider’s rights and remedies must be expressed in the grant agreement.
Karen Nelson
 
The cybersecurity of digital medical devices: higher technological capabilities, higher likelihood of liability
Prudent medical device manufacturers are assessing their compliance with HIPAA and FDA Draft Guidance, then completing a Risk Management Plan.
Raymond M. Williams and Megan Krebs
 
Explainability: where AI and liability meet
Makers and users of AI face a new and interesting problem: what is the acceptable tradeoff between explanation and accuracy?
Danny Tobey, M.D., J.D.
 
Plaintiff attorney advertising in pharmaceutical and medical device litigation: addressing the risk of harm to the public
Regulatory bodies are recognizing that such advertising has the potential to cause harm and that some guardrails are necessary
Katie Insogna
 
The learned intermediary doctrine in the WebMD era
The US medical system continues to put the physician between the treatment and the patient for a reason.
Cara D. Edwards and Brooke Killian Kim
 
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Chair, US Healthcare Sector
 
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