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Federal Judge Finds That Religious Accommodation Request Is Not Protected Activity Under Title VII

Posted on July 18, 2017, Health Care

On July 7, 2017, U.S. District Judge David Doty of the District of Minnesota issued an order granting summary in favor of North Memorial Health Care (“NMHC”), in which the court dismissed an Equal Employment Opportunity (“EEOC”) suit alleging that NMHC retaliated against a prospective nurse based on her religion. In November 2013, Emily Sure-Ondara, […]

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OIG Issues Favorable Advisory Opinion Regarding a Hospital Waiving or Reducing Cost-Sharing Expenses to Medicare Beneficiaries Who Enroll in a Clinical Study

Posted on July 18, 2017, Health Care Medicare and Medicaid

On June 27, 2017, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued Advisory Opinion 17-02 (“AO 17-12”) concerning an unnamed hospital’s proposal to waive or reduce certain cost-sharing fees owed by Medicare beneficiaries who enroll as subjects in a clinical research study at the hospital’s outpatient center (the “Proposed […]

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OIG Report Estimates That Medicare Paid Healthcare Providers Over $700 Million in Noncompliant EHR Incentive Payments

Posted on July 5, 2017, Health Care

On June 7, 2017, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services released a report estimating that Medicare paid over $729 million in improper electronic health record (EHR) incentive payments to healthcare providers who did not meet meaningful use requirements. Established in 2009 as part of the HITECH […]

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Eleventh Circuit Holds that Diabetic Testing Supply Company Did Not Violate the False Claims Act

Posted on June 21, 2017, Health Care

On May 26, 2017, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that a diabetic testing supply company did not violate the federal False Claims Act (“FCA”) by making unsolicited phone calls to Medicare beneficiaries. Two whistleblowers (referred to as Relators by the FCA)—both former salespersons for Lincare, Inc., a […]

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Eleventh Circuit Affirms Jury Verdict in Favor of Hospital in Employment Discrimination Suit

Posted on June 21, 2017, Employment Law

On June 8, 2017, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that a Florida hospital did not jointly employ a physician who was placed at the hospital by a medical staffing company. Dr. Michelle Scott was employed by EmCare, Inc. (“EmCare”), a medical staffing corporation that employs physicians to […]

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U.S. Supreme Court Rejects State Rule Disfavoring Arbitration Agreements

Posted on May 19, 2017, Business Litigation

  On May 15, 2017, the United States Supreme Court issued a 7-1 decision in Kindred Nursing Centers Ltd. Partnership v. Clark, wherein it reversed a ruling from the Kentucky Supreme Court that attempted to circumvent the Federal Arbitration Act (“FAA”).  The Court’s decision signals that the Supreme Court is skeptical of attempts by states […]

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The Eleventh Circuit Holds That Deaf Patients May Sue Hospitals for Not Providing Adequate Interpretation Services

Posted on May 17, 2017, Health Care

On May 8, 2017, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that, under the Americans with Disability Act (“ADA”) and Rehabilitation Act, deaf patients have the right to sue a hospital for not providing adequate interpretation services for hearing-impaired patients. The plaintiffs, Cheylla Silva and John Paul Jebian, are […]

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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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