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US Supreme Court rules in favor of healthcare provider in identity theft dispute

JURIST

The US Supreme Court ruled Thursday in Dubin v. United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision.

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US federal court reverses ban on law requiring burial or cremation of fetal remains

JURIST

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The plaintiffs contend that the mandate violates the First Amendment of the US Constitution.

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US Appeals Court rules Pfizer plan to cover heart medication copays violates US law

JURIST

The US Court of Appeals for the Second Circuit Monday rejected an appeal from Pfizer Inc. The Inspector General said that the program would violate the federal Anti-Kickback Statute (AKS), a law meant to prevent fraud and abuse in connection with Medicare and Medicaid.

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Texas Supreme Court denies abortion access to woman with pregnancy complications

JURIST

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban.

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Federal appeals court upholds Ohio Down syndrome abortion law

JURIST

The US Court of Appeals for the Sixth Circuit has upheld Ohio’s HB 214 law that prohibits doctors from performing an abortion with the knowledge that a women’s reason for terminating the pregnancy is a fetal Down syndrome diagnosis. The circuit split has increased the possibility of a Supreme Court review.

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Medicare preempts liability claims for denial of skilled nursing facility services

At the Lectern

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

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More On Powers of Attorney, Arbitration Agreements, and Wrongful Death

Day on Torts

Plaintiff argued that the arbitration agreement was not enforceable because the POA did not mention the authority to make health care decisions, and the trial court agreed, denying the motion to compel arbitration. On appeal, this ruling was affirmed. The Court looked to a 2017 Tennessee Supreme Court Case, Beard v.