Blog

Blog

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More