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EEOC Proposes New Guidance on Employers’ Liability for Workplace Harassment

Posted on February 13, 2017, Employment Law

    On January 10, 2017, the U.S. Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on unlawful harassment under federal employment discrimination laws.  Though not yet final, the proposed guidance provides insight into the EEOC’s current priorities and its interpretations of laws relating to claims of harassment against employers based on race, color, religion, sex, national […]

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Updates to the OIG’s Exclusion Authorities

Posted on February 13, 2017, Health Care

On January 12, 2017, the U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) issued a final rule updating the OIG’s exclusionary authorities. The final rule can be read in its entirety here: https://www.federalregister.gov/documents/2017/01/12/2016-31390/health-care-programs-fraud-and-abuse-revisions-to-the-office-of-inspector-generals-exclusion. The final rule is expected to take effect on March 21, 2017. The OIG is authorized (and sometimes […]

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Fourth Circuit Court of Appeals Holds that Nurses are not “Supervisors” Under the National Labor Relations Act

Posted on January 11, 2017, Health Care

     On November 1, 2016, the Fourth Circuit Court of Appeals issued an opinion holding that registered nurses (“RNs”) and licensed practical nurses (“LPNs”) at Prince George Healthcare Center in Georgetown, SC (the “Center”) do not qualify as “supervisors” under the National Labor Relations Act (“NLRA”).  Palmetto Prince George Operating, LLC v. Nat’l Labor […]

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HHS-OIG Issues 2017 Work Plan

Posted on January 4, 2017, Health Care

Every year the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services (“HHS”) publishes a Work Plan detailing the various areas of focus for the upcoming fiscal year.  OIG’s 2017 Work Plan describes many new and ongoing priorities that will affect the compliance activities and risk concerns facing healthcare professionals […]

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ELEVENTH CIRCUIT HOLDS THAT ADA DOES NOT MANDATE REASSIGNMENT WITHOUT COMPETITION

Posted on December 12, 2016, Employment Law

On December 7, 2016, the Eleventh Circuit Court of Appeals issued a decision in United States Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., holding in part that the Americans with Disabilities Act (ADA) does not mandate reassignment without competition. The employee at issue – Leokadia Bryk – was employed as a nurse in […]

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FEDERAL COURT ORDERS (EVENTUAL) END TO MEDICARE APPEALS BACKLOG AND CMS RE-OPENS HOSPITAL APPEALS SETTLEMENT PROCESS

Posted on December 12, 2016, Medicare and Medicaid

On December 5, 2016, Judge James Roasberg of the United States District Court for the District of Columbia issued a decision ordering the U.S. Department of Health and Human Services (HHS) to eliminate its massive backlog of Medicare billing appeals within the next five years. The court’s decision in American Hospital Association et al. v. […]

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NEW MEDICARE RECOVERY AUDIT CONTRACTS AWARDED BY CMS

Posted on November 4, 2016, Health Care

On November 1, 2016, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had awarded three companies new contracts to serve as recovery audit contractors (“RACs”). These three companies – Performant Recovery, Inc., Cotiviti, LLC, and HMS Federal Solutions – had previously been awarded RAC contracts after the initial pilot program in 2008. […]

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COURT UPHOLDS THEORY OF IMPLIED KNOWLEDGE OF EMPLOYEE’S NEED FOR ADA REASONABLE ACCOMMODATIONS

Posted on November 4, 2016, Business Litigation Employment Law

On October 17, 2016, in a case brought under the Americans with Disabilities Act (“ADA”), the Eighth Circuit Court of Appeals held that a disabled employee may be entitled to “reasonable accommodations,” even if she does not expressly request specific accommodations, so long as she makes her employer aware of the need for an accommodation. […]

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CMS AND OIG PROPOSE CHANGES TO REGULATIONS GOVERNING STATE MEDICAID FRAUD CONTROL UNITS

Posted on October 6, 2016, False Claims Act Health Care

On September 20, 2016, the Department of Health and Human Services’ Office of Inspector General (“OIG”) and Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule to amend the regulations governing state Medicaid Fraud Control Units (“MFCUs”). State MFCUs, which receive federal funding and are subject to federal regulation, have become increasingly active […]

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FOURTH CIRCUIT ISSUES RULING RELATING TO FALSE CLAIMS ACT ANTI-RETALIATION AMENDMENTS

Posted on October 6, 2016, False Claims Act Health Care

In a recent False Claims Act (“FCA”) case interpreting amendments to the FCA’s anti-retaliation provision, the Fourth Circuit Court of Appeals held that an employee who alleges that he or she was terminated for trying to stop an employer from violating the FCA must demonstrate that his or her efforts were based upon an objectively […]

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