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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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Anthem Agrees to Pay a Record $16 Million to Settle Allegations That It Violated HIPAA

Posted on November 22, 2018, Health Care

On October 15, 2018, the Department of Health and Human Services Office of Civil Rights (HHS-OCR) announced that Anthem, Inc. has agreed to pay a record-breaking $16 million to settle allegations that it violated the Health Insurance Portability and Accountability Act (“HIPAA”) after multiple cyberattacks led to the largest ever data breach of health information […]

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HHS-OCR Announces Settlements Totaling $999,000 to Resolve HIPAA Violations Stemming from the Filming of “Boston Med”

Posted on September 25, 2018, Health Care

On September 20, 2018, the Department of Health and Human Services Office of Civil Rights (HHS-OCR) announced that Boston Medical Center (“BMC”), Brigham and Women’s Hospital (“BWH”), and Massachusetts General Hospital (“MGH”) will pay HHS-OCR a combined $999,000 to settle allegations that the three hospitals each violated the Health Insurance Portability and Accountability Act (“HIPAA”) […]

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HHS-OIG Requests Information Regarding Possible Changes to the Federal Anti-Kickback Statute and Civil Monetary Penalties Law

Posted on September 25, 2018, Health Care

On August 27, 2018, the Department of Health and Human Services Office of Inspector General (HHS-OIG) published a request for information (“RFI”) pertaining to possible changes to the federal Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties (“CMP”) for beneficiary inducements. In the RFI, HHS-OIG outlines broad goals to contribute to transforming healthcare in the U.S. […]

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Federal Court Dismisses Lawsuit Alleging That a Louisiana Hospital Racially Discriminated Against a Former Employee

Posted on September 25, 2018, Health Care

On September 10, 2018, Chief U.S. District Judge S. Maurice Hicks, Jr. of the U.S. District Court for the Western District of Louisiana dismissed a lawsuit alleging a Louisiana hospital violated Title VII of the Civil Rights Act by racially discriminating against a former employee. The case was Lawson v. PHC Minden, L.P. The plaintiff […]

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