Nov 4, 2016 | Business Litigation, Employment Law
On October 17, 2016, in a case brought under the Americans with Disabilities Act (“ADA”), the Eighth Circuit Court of Appeals held that a disabled employee may be entitled to “reasonable accommodations,” even if she does not expressly request specific accommodations,...
Oct 6, 2016 | False Claims Act, Health Care
On September 20, 2016, the Department of Health and Human Services’ Office of Inspector General (“OIG”) and Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule to amend the regulations governing state Medicaid Fraud Control Units (“MFCUs”). State...
Oct 6, 2016 | False Claims Act, Health Care
In a recent False Claims Act (“FCA”) case interpreting amendments to the FCA’s anti-retaliation provision, the Fourth Circuit Court of Appeals held that an employee who alleges that he or she was terminated for trying to stop an employer from violating the FCA must...
Sep 7, 2016 | Health Care
On August 18, 2016, the Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced its intention (via its email list-serv) to “more broadly investigate” breaches of protected health information (“PHI”) affecting fewer than 500 individuals....
Sep 7, 2016 | Employment Law
On August 25, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a guidance document titled “EEOC Enforcement Guidance on Retaliation and Related Issues.” Noting that “[t]he federal employment discrimination laws depend on the willingness of employees...
Aug 2, 2016 | Employment Law
On May 12, 2016, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule revising and updating its Recording and Reporting Occupational Injuries and Illnesses regulation. Under current OSHA regulations, most businesses (some...
Aug 2, 2016 | Health Care
On July 7, 2016, the University of Mississippi Medical Center (UMMC) agreed to a $2.75 million settlement with the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services for multiple alleged violations of the Health Insurance Portability and...
Jul 8, 2016 | Employment Law
On June 15, 2016, in an effort to implement certain provisions of President Obama’s Executive Order 11246, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) updated the sex discrimination guidelines applicable to all federal...
Jul 7, 2016 | Health Care, Medicare and Medicaid
Contained within the bipartisan budget deal passed by Congress on November 2, 2015, the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015 (the “Improvements Act”) mandates that all federal agencies make inflation-based adjustments to all civil...
Jul 7, 2016 | Health Care, Medicare and Medicaid
In March 2016, the Centers for Medicare and Medicaid Services (“CMS”) published a long-awaited final rule pertaining to the 60‐day rule, which requires Medicare providers to report and return Medicare overpayments to the government no later than sixty (60) days after...
