Ten Questions That Should be on Every Health Care Lawyer’s Radar in 2018

1. How far will the Supreme Court’s materiality ruling in Escobar extend?

2. Will there be any type of legislative “fix” to the Escobar ruling, and its growing progeny, being decided by scores of federal courts?

3. Will CMS more aggressively scrutinize provider submitted claims to avoid the gutting of multiple fraud investigations based on Escobar? If so, how will CMS accomplish this task?

4. Does the Department of Justice’s guidance issued on January 10, 2018, portend its future view of Escobar?

5. How will the intense mergers and acquisitions of health care providers “shake out” in the wake of the erosion and possible demise of the Affordable Care Act?

6. Will due diligence take on a new dimension in light of breakneck health care consolidation?

7. Will corporate health care compliance efforts keep up with a rapidly changing health care landscape, which includes for-profit entities, non-profit entities, and public agencies – many of which are consolidating?

8. What is the scope and appetite of State Attorneys General for robust health care investigations?

9. Will kickback investigations increase in light of the Escobar ruling?

10. Will Congress finally fix the massive Medicare Part D Prescription Drug Program to allow the United States government to negotiate the best possible prices for all Medicare beneficiaries?

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