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Seventh Circuit Holds that Age Discrimination Law Does Not Apply to Job Applicants

Posted on January 28, 2019, Employment Law

The Age Discrimination in Employment Act (ADEA) is a federal statute that makes it illegal for an employer to discriminate against its employees on the basis of age. Specifically, the ADEA prohibits employers from providing disparate treatment to employees who are 40 years old and older compared to how the employer treats younger employees. In […]

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Colorado Hospital Agrees to Pay Over $100,000 to Resolve Potential HIPAA Violations

Posted on January 28, 2019, Health Care

The U.S. Department of Health and Human Services Office of Civil Rights recently announced that Pagosa Springs Medical Center (“PSMC”) in Colorado has agreed to pay $111,400 to resolve allegations that it potentially violated HIPAA’s Privacy and Security Rules. OCR opened its investigation into PSMC over allegations that a former employee of PSMC had obtained […]

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Former Hospital Director Pleads Guilty for Her Role in an Alleged $1 Billion Health Fraud Scheme

Posted on January 28, 2019, Health Care

On January 23, 2019, a former director of a Florida hospital pled guilty to one count of conspiring to defraud federal healthcare programs by paying and receiving kickbacks as part of an alleged $1 billion healthcare fraud. The case, U.S. v. Esformes et al., is in the U.S. District Court for the Southern District of […]

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Florida Pain Doctor Settles False Claims Act Investigation Months After Partner Pleads Guilty to Kickback Scheme

Posted on December 27, 2018, False Claims Act

On December 20, 2018, the U.S. Attorney’s Office for the Middle District of Florida announced that a Fort Meyers-based pain doctor had agreed to settle a False Claims Act investigation. Dr. Jonathan Daitch agreed to pay over $1.7 million to resolve allegations that he violated the federal False Claims Act by receiving unlawful kickbacks associated […]

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Louisiana Employer Agrees to Pay $110,000 to Resolve EEOC Retaliation Case

Posted on December 27, 2018, Employment Law

On December 20, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a Louisiana credit union will pay $110,000 to settle allegations that it violated Title VII of the Civil Rights Act. The suit was brought by Connie Fields-Meaux, who was the former branch manager of the Lafayette Schools Federal Credit Union (now known […]

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HHS-OCR Publishes Guidance for Healthcare Organizations to Improve Cybersecurity

Posted on December 27, 2018, Health Care

In a recent Cybersecurity Newsletter, the Department of Health and Human Services’ Office for Civil Rights (OCR) published guidance on basic cybersecurity safeguards for healthcare organizations to implement in order to promote cyber resilience and mitigate the impact of attempted cyberattacks. The electronic protected health information (ePHI) of patients is very valuable, and hackers are […]

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New Federal Kickback Statute Poses Severe Risks for Clinical Laboratories That Pay Commissions to Sales and Marketing Personnel

Posted on December 27, 2018, False Claims Act

In October 2018, the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) became effective. EKRA will have an immediate and significant effect on the marketing and sales activities of clinical laboratories, clinical treatment facilities, and recovery homes. EKRA, in relevant part, makes it a federal crime to knowingly and willfully: solicit or receive any remuneration […]

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EEOC Announces a 50 Percent Increase in Lawsuits Alleging Sexual Harassment

Posted on November 22, 2018, Employment Law

On October 31, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) released final fiscal year 2018 data showing increases in various actions alleging sexual harassment. Specifically, the EEOC’s data shows a 13.6 percent increase in charges of discrimination alleging sexual harassment, and a 50 percent increase in lawsuits alleging sexual harassment. Additionally, the EEOC reported […]

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Eleventh Circuit Holds That Civil Whistleblowers Cannot Collect Awards from Criminal Forfeiture Proceedings

Posted on November 22, 2018, Health Care

The Eleventh Circuit Court of Appeals recently issued an opinion affirming a district court’s ruling that a civil whistleblower was not entitled to an award arising from criminal forfeiture proceedings where the government decided to criminally prosecute the defendant. The case is United States v. Couch. In Couch, the whistleblower (legally known as a “relator”) […]

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AmerisourceBergen Agrees to Pay $625 Million to Settle Civil Fraud Claims

Posted on November 22, 2018, False Claims Act

The U.S. Department of Justice recently announced that AmerisourceBergen Corp. (ABC) and several of its subsidiaries will pay $625 million to settle various allegations that it illegally repackaged and sold adulterated and unapproved new drugs, and that it double billed for such items and paid illegal kickbacks. The settlement resolves allegations that ABC violated the […]

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