Issue link: https://beckershealthcare.uberflip.com/i/247519
Legal & Regulatory Issues 43 ACLU Sues Catholic Bishops Over Directives for Catholic Hospitals By Molly Gamble T he American Civil Liberties Union and the ACLU of Michigan have filed a lawsuit against the United States Conference of Catholic Bishops, challenging their guidelines for Catholic hospitals. The lawsuit was filed in federal court in Michigan in late November on behalf of a woman who claims she did not receive proper information or care at Mercy Health Partners, a Catholic hospital in Muskegon, Mich., when her water broke 18 weeks into her pregnancy. Tamesha Means says the hospital staff sent her home twice despite "excruciating" pain and "virtually no chance that her pregnancy could survive," according to an ACLU news release. Mercy physicians did not tell Ms. Means that terminating her pregnancy was an option, according to the ACLU. When she returned to the hospital a third time after developing an infection, the hospital allegedly prepared discharge paperwork to send her home once more. It was then she began to deliver, and hospital staff tended to her miscarriage at that time, according to the news release. The fetus died soon after. Ms. Means is not suing the hospital, however. Instead, the plaintiffs are focusing their challenge on the U.S. Conference of Bishops' ethical and religious directives. The lawsuit claims the directives require Catholic hospitals to avoid abortions or informing patients of alternative options, even when doing so risks a woman's health or life. The lawsuit also alleges the bishops are ultimately responsible for unnecessary trauma and harm Ms. Means and other pregnant women have experienced in similar situations at Catholic hospitals. Medical experts who reviewed the case said Ms. Means' fetus had virtually no chance of surviving, and physicians usually induce labor or surgically remove the fetus in these cases to reduce the mother's chances of infection, according to a report in The New York Times. Mercy Health in Muskegon and the U.S. Conference of Catholic Bishops declined comment in the New York Times report. n DOJ Recovers $2.6B From Healthcare False Claims Act Cases By Molly Gamble T he Justice Department recovered $2.6 billion in settlements and judgments from healthcare fraud in fiscal year 2013. The $2.6 billion makes 2013 the fourth consecutive year the department recovered more than $2 billion in cases involving healthcare fraud. Recoveries from healthcare fraud accounted for the lion's share of total recoveries under the False Claims Act, as the Justice Department secured $3.8 billion altogether. That's the second largest annual recovery of its type in history, according to the department. ernment prevails in the case, the whistle-blower receives up to 30 percent of the recovery. The number of total qui tam suits filed in fiscal year 2013 (not specific to healthcare cases) soared to 752, which is 100 more than the record set the previous fiscal year. Recoveries for these cases totaled $2. 9 billion with whistle-blowers recovering $345 million. n Check out The Daily Beat Of the $2. 6 billion in federal healthcare fraud recoveries, $1.8 billion were from alleged false claims for drugs and medical devices under federally insured health programs. Many of these settlements involved allegations that pharmaceutical manufacturers improperly promoted drugs for uses that were not approved by the Food and Drug Administration. Abbott Laboratories, for instance, paid $1.5 billion to settle allegations that it illegally promoted its drug Depakote for uses that weren't approved by the FDA. The year involved an increase in qui tam, or whistle-blower, cases as well. The qui tam provisions allow private citizens to file lawsuits alleging false claims on behalf of the government. If the gov- A daily blog brought to you by the editors of Becker's Hospital Review, featuring analysis and commentary on the events, trends and issues healthcare leaders should know about today. Recent topics include personalized medicine, population health, access to care and pricing transparency. To read posts about these issues and more, please visit www.beckershospitalreview.com/healthcare-blog