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HTMLEmployers Beware: Significant Penalties May Be Assessed for Reimbursement of Individual Health Insurance Policy Premiums
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 19, 2015, previously published on December 18, 2014
Employers, 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...


HTMLAdministration Touts Tax, Healthcare, and Education Proposals
Michael Caputo, Rebecca M. Kuhns, Aaron M. Ockerman, Todd A. Snitchler; McDonald Hopkins LLC;
Legal Alert/Article
March 18, 2015, previously published on February 13, 2015
The 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.


HTMLHealth Care Workers May Think Twice Before Becoming a Relator
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 29, 2015
The 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...


HTMLFees and Costs Awarded to False Claims Act Defendant
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
A 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...


HTMLTotal Fines Now $1.24 Million in Christmas Eve Fatalities after Swing Stage Company and Director Fined
Adrian Miedema; Dentons Canada LLP;
Legal Alert/Article
March 2, 2015, previously published on December 16, 2014
The 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...


HTMLFDA Releases Recommendation against Using Power Morcellators to Treat Uterine Fibroids
Burg Simpson; Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
February 23, 2015, previously published on December 2, 2014
The 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...


HTMLHHS Releases Reminder about HIPAA Rules in Wake of Ebola Outbreak
Lisa M. Luetkemeyer; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 11, 2014
The 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...


HTMLIRS Notice Provides More Flexibility to Rev. Proc. 97-13
Kimberly K. Gibbens; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 25, 2014
The 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.


HTMLTenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 5, 2014
The 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...


HTMLOntario Government Re-Introduces Broader Public Sector Accountability Legislation Affecting Health Sector Organizations
Meghan Lindo; Borden Ladner Gervais LLP;
Legal Alert/Article
December 5, 2014, previously published on November 20, 2014
On July 8, 2014, the Ontario government re-introduced Bill 8, formerly Bill 179, which proposes to amend several laws affecting health sector organizations. If enacted, Bill 8 will expand government oversight of broader public sector organizations including hospitals, community care access...


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