Nursing Home Successfully Defends Against EEOC Lawsuit Alleging Wrongful Termination Related to Anxiety Disorder

Posted on November 26, 2019, Employment Law

Under Title I of the Americans with Disabilities Act of 1990 (ADA), an employer must reasonably accommodate a known disability if the accommodation would not impose an undue hardship on the employer’s business. To succeed in an ADA-based lawsuit, the plaintiff must establish the existence of a disability, show that he or she can perform […]

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DOJ and HUD Release Memorandum Guiding Inter-Agency Collaboration for False Claims Act (FCA) Violations by Federal Housing Administration Lenders.

Posted on November 26, 2019, White Collar Crime

The Department of Justice (DOJ) and Department of Housing and Urban Development (HUD) have published a memorandum of understanding related to violations by Federal Housing Administration (FHA) lenders. Citing a shared goal of addressing FHA program requirements and “in particular, the submission of knowingly false and fraudulent claims to the Government,” the agencies will work […]

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New Hospital Price Transparency Rules Released

Posted on November 26, 2019, Health Care

The Centers for Medicare & Medicaid Services (CMS) has issued its final rule requiring hospitals to publish prices for services beginning in 2021. Under the rule, hospitals must disclose prices in a machine-readable format and on a searchable platform. The machine-readable file must contain “standard charges” for all services, including supplies and professional services. Standard […]

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CMS Imposes $4.6 Million in Civil Monetary Penalties for HIPAA Violations

Posted on November 26, 2019, Cyber Law HIPPA

The Department of Health and Human Services’ Office for Civil Rights (OCR) imposed civil monetary penalties (CMP) of $3 million and $1.6 million for HIPAA violations in the first half of November. $3 million CMP: Failure to Encrypt Devices In 2010, the University of Rochester Medical Center (URMC), one of New York’s largest health systems, […]

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Proposed AKS and Stark Rules

Posted on October 23, 2019, Health Care

Earlier this month, both the Department of Health and Human Services’ Office of Inspector General (OIG), and the Centers for Medicare & Medicaid Services (CMS) issued proposed rules that contain major and significant changes to the Anti-Kickback statute (AKS), the beneficiary inducement statute, and the Stark Law. The proposed rules must go through the notice-and-comment […]

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Patient Access to Records and Cybersecurity Remain HHS-OCR’s Top Priorities

Posted on October 23, 2019, Cyber Law HIPPA

Roger Severino, Director of the U.S. Health & Human Services’ Office for Civil Rights (OCR), recently provided an update on OCR’s HIPAA enforcement priorities at a conference in Washington, D.C. During his talk, Director Severino noted that patient access to records is a top OCR priority. Severino explained that denial of requests is not the […]

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Increased EEOC Enforcement in the Healthcare Industry

Posted on October 23, 2019, Employment Law

The EEOC’s enforcement efforts in the healthcare industry show no sign of slowing. In the first two weeks of October 2019 alone, the EEOC settled with a medical practice for sex discrimination and sued a hospital for disability discrimination. Settlement Last month, the EEOC sued Northern Arizona Orthopedics (“NAO”) alleging that NAO demonstrated a preference […]

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DOJ Issues Guidance for Evaluating “Inability-To-Pay” Claims

Posted on October 23, 2019, White Collar Crime

Federal sentencing, including the imposition of fines and penalties against corporate defendants, are governed by the Federal Sentencing Guidelines. Under some circumstances, the Guidelines allow fines to be reduced if a company demonstrates that it cannot afford to pay the proposed fine by an amount not “more than necessary to avoid substantially jeopardizing the continued […]

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Physician Deemed Non-Employee Resulting in Dismissal of Discrimination Lawsuit

Posted on August 27, 2019, Employment Law

Title VII of the Civil Rights Act of 1964 (amended by the Civil Rights Act of 1991) prohibits employee discrimination based on race, religion, color, sex, and national origin. One of the critical elements that a plaintiff must establish is whether they are an “employee” under Title VII, as the statute protects only employees. The […]

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Even FCA Cases Lacking Merit Can Take Years to Resolve

Posted on August 27, 2019, White Collar Crime

In 2016, Stop Illinois Health Care Fraud, LLC, brought a case against Asif Sayeed, Physician Care Services, S.C., Vital Home & Healthcare, Inc., and Management Principles, Inc. (MPI) under the qui tam (whistleblower) provisions of the False Claims Act (FCA), predicated on alleged violations of the Anti-Kickback Statute (AKS). The case stems from the plaintiff’s […]

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