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HTML2015 Omnibus Provides $123 Million in Funding for the CPSC with No User Fee Authorization; Report Language Focuses on Test Burden Reduction, Import Surveillance, and Report on “Auto-Update” Mechanism for CPSC Safety Standards
Matthew R. Howsare, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 16, 2014, previously published on December 10, 2014
Update: After some uncertainty, Congress passed and the President is expected to sign the 2015 Omnibus bill into law.

 

HTMLGPO Fees Under Scrutiny by the GAO
Thomas S. Crane, Lauren Moldawer; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 4, 2014
Last week, the Government Accountability Office (GAO) released a report examining group purchasing organization (GPO) practices. The GAO questioned whether the current structure of GPO funding through administrative fees is appropriate and urged the Department of Health and Human Services (HHS) to...

 

HTMLFederal Judge Awards Attorneys’ Fees to Defendant in Dismissed Qui Tam Case, Calls Whistleblower a “Serial Relator”
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 5, 2014
In November 2013 and this past October, Mintz Levin’s Health Care Qui Tam Update highlighted three separate qui tam False Claims Act (FCA) cases filed by Fox RX, Inc. (Fox), a former Medicare Part D plan sponsor. Fox filed one of those cases against OmniCare, Inc., PharMerica Corp., and...

 

HTMLSixth Circuit Decision Confirms that Employers May Lawfully Choose Not to Hire a Job Applicant with a Prior History as a False Claims Act Whistleblower
David Barmak; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 10, 2014, previously published on November 21, 2014
Some employers in the health care and other industries who regularly deal with the federal government and are subject to the False Claims Act (“FCA”) have felt helpless in trying to weed out serial whistleblowers in the hiring process. After all, most anti-retaliation provisions...

 

HTMLD.C. Circuit Upholds Contraceptive Coverage Mandate
Bridgette A. Wiley; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 10, 2014, previously published on November 20, 2014
Last week, a unanimous three-judge panel of the D.C. Circuit upheld the religious accommodation to the Affordable Care Act’s (“ACA”) contraceptive coverage mandate (Priests for Life v. HHS, D.C. Cir. No. 13-5368, Nov. 14, 2014). The court held that the accommodation set out by the...

 

HTMLHospital Executive Pleads Guilty to False Meaningful Use Attestation for EHR Incentive Payments
Laurence J. Freedman, Sarah Beth Smith; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 10, 2014, previously published on November 21, 2014
The former CFO of Shelby Regional Medical Center, Joe White, pleaded guilty to knowingly making a false statement related to the hospital’s meaningful use of electronic health records (“EHR”). Shelby Regional had received $785,655 in meaningful use incentive payments from Medicare...

 

HTMLIt’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5th, 2014
Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly. Fabric designs are used for purely ornamental and decorative purposes, for purposes...

 

HTMLCPSC Announces Largest Civil Penalty to Date for Alleged Failure to Timely Report
Matthew Cohen, Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
On October 28, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced that Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C., agreed to pay a $4.3 million civil penalty to resolve charges that it knowingly failed to immediately report certain defects...

 

HTMLMandatory Privacy Training Rule for Federal Contractors Expected Soon
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 10, 2014
A rule to require federal contactors handling personally identifiable information to train their employees in safeguarding the information is close to release. Under the anticipated rule, contractor employees will have to undergo either agency training when the agency chooses to make it available,...

 

HTMLCMS Finalizes OPPS Rule Packaging Pathology Services Ordered for Hospital Outpatients
Karen S. Lovitch, Lauren Moldawer; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
As part of the Outpatient Prospective Payment System (OPPS) Rule issued last week, the Centers for Medicare & Medicaid Services (CMS) finalized its proposal to conditionally package certain ancillary services assigned to APCs with a “geographic mean cost” of $100 or less. This...

 


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