Edwards Wildman’s latest Healthcare Update discusses that the Office of Inspector General (“OIG”) published a proposed rule that would amend the safe harbors to the anti-kickback statute (“AKS”) and the civil monetary penalty (“CMP”) rules under the authority of the OIG; and how CMS launched open payments database on September 30, 2014.
Read More Healthcare Update: OIG Proposed Rule Would Amend Anti-Kickback Statute Safe Harbors and Civil Monetary Penalty Rules; CMS Launches Open Payments Database

Edwards Wildman’s latest Privacy Client Advisory discusses how recent amendments to California statues governing breach notification and data safeguards impose new obbligations.
Read More New California Requirements Shake Up Breach Notification and Data Safeguards

Please join BDO USA, LLP, Edwards Wildman Palmer LLP and Sandler O’Neill + Partners, L.P. for a complimentary breakfast briefing. This event will highlight key considerations in a successful M&A transaction or capital raising transaction in today’s economic climate for the insurance industry.
Read More Please Join Us: Insurance M&A and Capital Raising Roundtable

Edwards Wildman’s latest Healthcare Update discusses the FDA’s final guidance, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices,” recommends that manufacturers consider cybersecurity risks as part of the design and development of a medical device, and submit documentation to the FDA about the risks identified and controls in place to mitigate those risks.
Read More Healthcare Update: FDA: Industry Must Address Cybersecurity Risks for Medical Devices

California law presently provides for a limited exemption from discovery for a request for a document filed pursuant to the California Holding Company Act. This exemption applies to documents and information reported to the Insurance Commissioner in registration statements or obtained by or disclosed to the Insurance Commissioner in the course of an examination or investigation.
Read More California Broadens the Exemption to the Confidentiality of Statements Filed Pursuant to the California Holding Company Act

Edwards Wildman’s latest healthcare advisory “Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons” discusses legislation passed that was intended to strengthen and improve the Medicare post-acute care system.
Read More Healthcare Update: Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons

The federal district court in Massachusetts recently declared that a general liability policyholder’s construction of a policy exclusion was irrational, with the result that the carrier owed no coverage for an underlying personal injury suit. In the course of its discussion, the court also highlighted First Circuit precedent for the proposition that the construction of an insurance policy should comport with “common sense.”…
Read More Massachusetts Federal Court Declares Insured’s Construction Of General Liability Policy “Irrational”

On September 24 2014, The Competition and Markets Authority (CMA) published the final report in its investigation into the private motor insurance market. The report covers the measures the CMA anticipates taking to increase competition in the car insurance market and reduce the cost of premiums.   …
Read More UK: CMA publishes final report in car insurance market investigation

A spokesperson for the U.S. Treasury Department recently reaffirmed that the “[t]he Secretary has not determined that there has been an ‘act of terrorism’ under the Terrorism Risk Insurance Act” with respect to the April 15, 2013, Boston Marathon bombings.
Read More U.S. Treasury Department Maintains Stance on Boston Marathon Bombings With Respect to Certification Under TRIA

Recently, a Massachusetts federal court issued an opinion limiting the ability of one insurer to seek reimbursement from another insurer under the doctrine of equitable contribution. In the insurance context, equitable contribution allows an insurer to seek contribution from a co-insurer after the insurer pays more than its proportionate share of a loss on a claim that both insurers are obligated to indemnify or defend. …
Read More Massachusetts Federal Court Rules Limits Equitable Contribution Between Insurers