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|Maryland’s New False Claims Act: Is It Enough?|
Steven A. Allen, Elliott D. Petty, Gregory S. Weiner; Pessin Katz Law, P.A.;
May 14, 2015, previously published on May 1, 2015Maryland Senate bill 374 (cross filed with House bill 405) has made its way to Governor Larry Hogan’s desk for signature. Championed by Attorney General Brian Frosh, the bill expands Maryland’s False Claims Act from its current posture of only applying to false claims made against a...
|Employers Beware: Significant Penalties May Be Assessed for Reimbursement of Individual Health Insurance Policy Premiums|
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
March 19, 2015, previously published on December 18, 2014Employers, including municipal employers, have historically struggled to develop a health insurance benefit program for their employees that provides quality benefits and is cost-effective. After the Health Insurance Marketplace opened for business, many employers recommended that their employees...
|Administration Touts Tax, Healthcare, and Education Proposals|
Michael Caputo, Rebecca M. Kuhns, Aaron M. Ockerman, Todd A. Snitchler; McDonald Hopkins LLC;
March 18, 2015, previously published on February 13, 2015The House Finance Committee continued hearings on Gov. Kasich's budget proposal this week. House Bill 64, a nearly 3,000 page bill, includes details on the governor’s spending proposal for fiscal years 2016 and 2017.
|Health Care Workers May Think Twice Before Becoming a Relator|
Amy E. McCracken; Duane Morris LLP;
March 13, 2015, previously published on January 29, 2015The Federal False Claims Act (and many similar state false claims acts) allow an individual-called a "relator"-to file a lawsuit on behalf of the United States Government. If successful, the relator stands to collect a portion of the amount collected. Since the False Claims Act provides...
|Fees and Costs Awarded to False Claims Act Defendant|
Seth A. Goldberg; Duane Morris LLP;
March 13, 2015, previously published on January 9, 2015A recent decision in the U.S. District Court for the Southern District of New York provides fair warning to qui tam relators who assert erroneous claims under the False Claims Act ("FCA") that they could be hit with legal fees and expenses pursuant to 31 U.S.C. § 3730, which permits...
|Total Fines Now $1.24 Million in Christmas Eve Fatalities after Swing Stage Company and Director Fined|
Adrian Miedema; Dentons Canada LLP;
March 2, 2015, previously published on December 16, 2014The total of safety fines paid for the December 24, 2009 swing stage collapse fatalities is now $1,240,000 after Swing N Scaff Inc., the company that supplied the swing stage platform (a suspended work platform), was fined $350,000.00 and a director of Swing N Scaff was fined $50,000.00 under the...
|FDA Releases Recommendation against Using Power Morcellators to Treat Uterine Fibroids|
Burg Simpson; Burg Simpson Eldredge Hersh Jardine P.C.;
February 23, 2015, previously published on December 2, 2014The Food and Drug Administration warned against using laparoscopic power morcellators in either myomectomy or hysterectomy for the treatment of uterine fibroids. The warning is based on an FDA analysis of medical literature, from which it concludes that approximately 1 in 350 women undergoing...
|Tenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case|
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
December 8, 2014, previously published on November 5, 2014The U.S. District Court for the Eastern District of Tennessee answered what it acknowledged was a novel question: whether statistical sampling and extrapolation are appropriate to establish liability under the False Claims Act (FCA). The court found the government could extrapolate from a sample of...
|HHS Releases Reminder about HIPAA Rules in Wake of Ebola Outbreak|
Lisa M. Luetkemeyer; Husch Blackwell LLP;
December 8, 2014, previously published on November 11, 2014The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) released a bulletin on Nov. 10 reminding entities covered under the Health Insurance Portability and Accountability Act (HIPAA) that the protections continue to be in effect during emergencies, including Ebola...
|IRS Notice Provides More Flexibility to Rev. Proc. 97-13|
Kimberly K. Gibbens; Husch Blackwell LLP;
December 8, 2014, previously published on November 25, 2014The Internal Revenue Services (IRS) issued Notice 2014-67 on Oct. 24, 2014, to “amplify” Revenue Procedure 97-13 by (i) creating a new five-year safe harbor for management contracts, and (ii) expanding the permitted types of productivity awards allowed.