Why international arbitration is ideally suited for the Life Sciences and Health sector

Private, flexible and easily enforceable across much of the world, it is not hard to see why international arbitration is already popular, and set to become more so, for the LSH sector

Life sciences projects are invariably technical, high risk, protracted and collaborative in nature. Often, multiple parties across a range of jurisdictions are involved, as well as centring on confidential subject matter and sensitive data. And, of course, the stakes are frequently high. The choice of forum for resolving disputes can make a significant difference, so it pays to make sure you have fully considered the available options – particularly international arbitration.

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Understanding the No Surprises Act

Starting January 1, 2022, it will be illegal for providers to bill patients for more than the in-network cost-sharing due under patients’ insurance in almost all scenarios where surprise out-of-network bills arise, with the notable exception of ground ambulance transport. Health plans must treat these out-of-network services as if they were in-network when calculating patient cost-sharing. The legislation also creates a new final-offer arbitration process to determine how much insurers must pay out-of-network providers. If an out-of-network provider is dissatisfied with a health plan’s payment, it can initiate arbitration. The arbitrator must select between the final offers submitted by each party, taking into consideration several factors including the health plan’s historical median in-network rate for similar services.

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Tenet appeals $10M arbitration award to whistleblower physicians

Tenet Healthcare Corp. is appealing a ruling Monday by the U.S. District Court in Detroit that refused to vacate or seal a $10 million arbitration award to two whistleblower physicians.

Dr. Amir Kaki and Dr. Mahir Elder are two prominent cardiologists who held directorships and other privileges at Detroit Medical Center until defendants including Dallas-based Tenet refused to renew them, according to the ruling by the U.S. District Court in Dr. Amir Kaki et al. v. Tenet Healthcare Corp., et al.

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The No Surprises Act: Implications for Health Plans, Health Care Facilities, and Health Care Providers

Following months of congressional negotiations, on December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021, a $2.3 trillion piece of legislation that includes $900 billion in federal funding and relief for COVID-19.[1] The legislation also includes the No Surprises Act (“Act”), effective January 1, 2022, which significantly bolsters consumer protections for patients by addressing the circumstance of patients receiving “surprise bills” for health care services.[2] While we expect the Biden administration to issue regulations implementing the Act within the next year, stakeholders should be aware of the Act’s many new obligations on health plans,[3] health care facilities, and health care providers.

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