Malcolm K. Dort

Latest Articles

It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social media usage among jurors. Like the long-standing practice of warning jurors not to talk about the case with friends and family or to read press reports about the case during the course of trial, courts now…
Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an adversary’s private social media account? The New Jersey Supreme Court just considered this question in a professional-misconduct complaint involving “Facebook spying” of a plaintiff by opposing counsel. In a recent ruling, the court held that attorneys who access an opposing party’s private Facebook account…
On January 31, 2014, the Office of Inspector General (“OIG”) for the Department of Health and Human Services released its Work Plan for Fiscal Year 2014. The Work Plan sets forth OIG’s audit and enforcement priorities for the coming year and, as such, is a must read for health care providers.  The success of OIG’s efforts to root out health care fraud and overpayments from federal health care programs has been well documented. For FY…
As detailed in Tuesday’s Wall Street Journal, the federal Department of Health and Human Services (“DHHS”) and insurance companies are actively discouraging efforts by non-profit organizations, including hospitals and charities, to provide subsidies for low-income patients who purchase qualified health plans (“QHP”) through a health care exchange under the Affordable Care Act (“ACA”).  DHHS in particular has requested that insurance companies reject such payments made by third parties. As background, ordinarily the provision of premium…
The Affordable Care Act targeted tax-exempt hospitals in a number of ways including the addition of Section 501(r) to the Internal Revenue Code (the “Code”), which requires hospitals to adopt and implement a community health needs assessment (“CHNA”).  The CHNA requirement requires that hospital organizations conduct, every three years and on a facility-by-facility basis, an assessment of community health needs and formulate an Implementation Strategy for addressing these needs utilizing both hospital and community resources.…