Fifth Circuit upholds dismissal of due process claims by physician in peer review

By Beth Anne Jackson and Elizabeth Jepson, Brown & Fortunato, P.C. On January 14, 2019, the United States Court of Appeals for the Fifth Circuit (Fifth Circuit) affirmed a federal district court in Louisiana’s dismissal of a physician’s claims that his due process rights were denied in violation of 42 U.S.C. § 1983 and the Louisiana Constitution. Although the case is from Louisiana, Texas falls within the Fifth Circuit’s jurisdiction, and the rationale behind the...

Judge rules Affordable Care Act unconstitutional

By Elizabeth Jepson and Allison Shelton, Brown & Fortunato, P.C. In 2019, the health care industry will be watching a case from the U.S. District Court for the Northern District of Texas. In Texas v. United States, Judge Reed O’Connor ruled that the Affordable Care Act (ACA) is unconstitutional and invalid. Judge O’Connor’s decision was appealed on January 3, 2019. If upheld, the decision will significantly affect the regulatory and compliance landscape as we know...

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