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Seventh Circuit: Title VII Does Provide a Cause of Action for Workplace Discrimination Based on Sexual Orientation

Posted on April 17, 2017, Employment Law

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit issued an 8-3 en banc decision in Hively v. Ivy Tech Cmty. Coll. of Indiana, holding that a person who alleges an experience of employment discrimination based on sexual orientation has a cause of action for sex discrimination under Title VII […]

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OIG Issues Favorable Advisory Opinion Regarding Hospital’s Provision of Free or Reduced-Cost Lodging and Meals

Posted on April 17, 2017, Health Care

 On March 3, 2017, the Office of Inspector General of the U.S. Department of Health and Human Services (“OIG”) issued Advisory Opinion 17-01, which concluded that a hospital could offer free or reduced-cost lodging and meals to certain underserved patients, even patients who are beneficiaries of Federal health care programs, without risking liability under the […]

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Eleventh Circuit: Title VII Does Not Provide a Cause of Action for Workplace Discrimination Based on Sexual Orientation

Posted on March 13, 2017, Employment Law

On March 10, 2017, the United States Court of Appeals for the Eleventh Circuit issued an opinion in Evans v. Georgia Regional Hospital, et al., holding that Title VII of the Civil Rights Act of 1964 (“Title VII”) does not provide a cause of action for workplace discrimination based on sexual orientation. The plaintiff, Jameka […]

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Medicaid Fraud Control Units Report Nearly $2 Billion in Total Recoveries for FY 2016

Posted on March 13, 2017, Medicare and Medicaid

On March 6, 2017, the U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) published data regarding the enforcement activities of Medicaid Fraud Control Units (“MFCUs”) across the country during fiscal year 2016. Forty-nine states (all but North Dakota) and the District of Columbia operate MFCUs, with the objective of investigating and […]

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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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