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Coalition of 41 State Attorneys General to Investigate Opioid Manufacturers

Posted on September 22, 2017, Health Care White Collar Crime

On September 19, 2017, New York Attorney General Eric Schneiderman announced at a news conference that Attorneys General from 41 states have joined together to investigate major pharmaceutical companies over the production and distribution of opioids. The joint investigation was initiated by the service of subpoenas on five pharmaceutical manufacturers: Endo International, Janssen Pharmaceuticals, Teva […]

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Health System Settles Allegations that It Improperly Denied Overtime Payments to Home Health Clinicians

Posted on September 22, 2017, Health Care

Last month, Centegra Health System, which operates a chain of hospitals and clinics in the Chicago area, reached a settlement for an undisclosed amount with a proposed class of home health clinicians who claimed they were improperly denied overtime payments.  The settlement was reached via private arbitration. The suit begun in January 2017 when Laura […]

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Eleventh Circuit: Arbitration Compelled for Employment Claims that Arose Before Plaintiff Signed Arbitration Agreement

Posted on August 24, 2017, Health Care

  On August 7, 2017, the United States Court of Appeals for the Eleventh Circuit issued a unanimous 3-0 decision in Jones v. Waffle House, Inc. et al., holding that an arbitration agreement between the parties would be enforced even though the plaintiff signed the agreement after filing his original suit. In December 2014, William […]

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Department of Justice Establishes the Opioid Fraud and Abuse Detection Unit

Posted on August 24, 2017, Health Care

In response to the nationwide opioid epidemic, the U.S. Department of Justice (DOJ) has recently announced the creation of the Opioid Fraud and Abuse Detection Unit. The announcement was made on August 2, 2017, by Attorney General Jeff Sessions, who explained that for the next three years this new program will fund twelve experienced Assistant […]

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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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