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Sixth Circuit Holds That Title VII Protections Extend to Transgender or Transitioning Individuals

Posted on April 19, 2018, Employment Law

In an opinion issued last month, the United States Court of Appeals for the Sixth Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) held that the Equal Employment Opportunity Commission (EEOC) was permitted to pursue a Title VII claim on the ground that an employer discriminated against an employee on the basis of the employee’s […]

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DOJ and HHS-OIG Announce $2.6 Billion In Healthcare Fraud Recoveries for Fiscal Year 2017

Posted on April 19, 2018, Health Care

On April 6, 2018, the U.S. Department of Justice (DOJ) announced that its combined efforts with the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG) resulted in $2.6 billion in recoveries for healthcare fraud and abuse enforcement actions in fiscal year 2017. The DOJ and HHS-OIG use multi-disciplinary teams of law […]

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2018 Bipartisan Budget Act Revises Stark Law

Posted on April 19, 2018, Health Care

In February’s newsletter, CCLB reported that the Bipartisan Budget Act of 2018 (the “Act”), signed into law by President Trump on February 9, 2018, modified the Civil Monetary Penalties Law and the Anti-Kickback Statute by increasing certain fines and penalties for violations of those statutes. The Act also amended the federal Stark Law in several […]

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Eleventh Circuit Court of Appeals Revives False Claims Act Qui Tam, Adding to Circuit Split on Statute of Limitations Issue

Posted on April 19, 2018, Employment Law

In 2013, Relator Billie Joe Hunt sued his former employer and others under the qui tam provisions of the federal False Claims Act (“FCA”) for alleged “rampant war-time contract fraud.” The case is captioned United States ex rel. Hunt v. Cochise Consultancy, Inc.1 After an investigation, the Department of Justice declined to intervene in the […]

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U.S. Supreme Court Declines to Broaden the Definition of “Whistleblower”

Posted on February 27, 2018, Employment Law

On February 21, 2018, the Supreme Court of the United States issued an opinion unanimously holding that an employee did not qualify as a whistleblower under federal rules because he did not report any violations to the Securities and Exchange Commission (SEC) prior to the termination of his employment. The plaintiff in the case, Paul […]

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Physician-Owned Hospital Agrees to Pay $7.5 Million to Settle False Claims Act Allegations

Posted on February 26, 2018, Health Care

A physician-owned hospital in Dallas, Texas recently reached an agreement with the federal government to pay $7.5 million to settle allegations that it paid kickbacks to physicians in violation of the federal Anti-Kickback Statute (AKS) and False Claims Act (FCA). The government’s allegations centered on claims that Pine Creek Medical Center provided free marketing services […]

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Spending Bill Increases Penalties for Healthcare Fraud, Waste, and Abuse

Posted on February 26, 2018, Health Care

On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018. While this law received a lot of attention for avoiding a lengthy government shutdown and extending the Children’s Health Insurance Program (CHIP), the law also affects healthcare providers by drastically increasing potential penalties for acts of fraud, waste, and abuse […]

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DOL Adopts New Test For Unpaid Internships

Posted on January 29, 2018, Employment Law

On January 5, 2018, the U.S. Department of Labor (“DOL”) announced that it was adopting a new test for determining whether an intern qualified as an employee under the Fair Labor Standards Act (“FLSA”). Such a determination affects how employers may offer and utilize unpaid internships, and the DOL’s policy change loosens the rigid requirements […]

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Summary of OCR’s 2017 HIPAA Enforcement Activities

Posted on January 29, 2018, Health Care

In 2017, the Department of Health and Human Services’ Office of Civil Rights (“OCR”) continued its HIPAA enforcement efforts, resulting in over $19,393,000 in settlements and civil monetary penalties. OCR investigations focused on various issues, including impermissible disclosures, data breaches, inadequate protection of protected health information (“PHI”) on electronic devices such as laptops and tablets, […]

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HHS-OIG Issues Favorable Advisory Opinion on Nursing Home Discounts for Medicare and Medicaid Beneficiaries Who Have Private Insurance

Posted on December 27, 2017, Medicare and Medicaid

On December 8, 2017, the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG) issued Advisory Opinion 17-08, in which it concluded that certain arrangements for nursing home discounts do not violate the federal Anti-Kickback Statute (“AKS”) or Civil Monetary Penalties Law (“CMPL”). The advisory opinion analyzed a proposed arrangement […]

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