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HTMLNation’s Highest Court Schedules Oral Arguments in King v. Burwell
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
A Supreme Court of the United States (SCOTUS) spokesperson announced on December 22, 2014, that the Court will hear oral arguments in King v. Burwell on March 4, 2015. This means that not only could the highest court soon resolve the circuit split on the case’s key issue, but that the future...

 

HTMLCourt Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 1, 2014
An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer's asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New...

 

HTMLEffects of the New Federal Spending Package on the Health Sector
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 30, 2014
In mid-December, President Obama signed into law a $1.1 trillion spending bill known as the “Consolidated and Further Continuing Appropriations Act, 2015” or “Cromnibus.” This post explores provisions that relate to the health sector and Affordable Care Act (ACA)...

 

HTMLCMS’ Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs
Helen Cho Eckert, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 5, 2015
The Centers for Medicare & Medicaid Services (CMS) released proposed regulations to clarify and build on current regulatory requirements for Accountable Care Organizations (ACOs) that participate in the Medicare Shared Savings Program (MSSP). Among the changes is one addressing when an ACO must...

 

HTMLOSHA Considers Use of Kinesiology Tape as Medical Treatment
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
In a letter of interpretation to Ms. Linda Ballas dated December 12, 2014, OSHA clarified that the use of kinesiology tape is considered medical treatment for OSHA recordkeeping purposes and is, therefore, recordable when used to treat a work-related injury.

 

HTMLDep't of Education Negotiates Groundbreaking Agreement to Resolve Website Accessibility Investigation at State University.
Michael J. Soltis; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
In March, we reported on a landmark consent decree that settled the first lawsuit filed by the U.S. Department of Justice alleging that a corporate website failed to meet standards for accessibility established by Title III the Americans with Disabilities Act (ADA). Now, the U.S. Department of...

 

HTMLWhat Can You Expect in 2015 Regarding HIPAA Enforcement?
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 22, 2014
As of earlier this month, 1,170 breaches involving 31 million records have been reported to the Department of Health and Human Services (HHS) since mandated reporting of breaches began in September 2009. An increase in the number of breaches isn’t the only statistic on the rise. Although...

 

HTMLCalifornia Insurance Commissioner Issues Emergency Regulations Affecting Narrow Provider Networks
Eugene Y.C. Ngai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 12, 2015
On January 5, 2015, Commissioner Dave Jones issued emergency regulations affecting health insurers with respect to access to provider networks in response to consumer complaints that appointments with physicians are hard to obtain, that in-network care is far away, and that in-network provider...

 

HTMLAppeals Court Finds No Breach of Settlement Agreement by Hospital Disclosing Nursing Board Report to Prospective Employer of Former Employee
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
A hospital did not breach its settlement agreement with a former employee when it disclosed to a prospective employer that it reported her to the New Jersey Board of Nursing (the "Nursing Board"), a federal appeals court has ruled. Debra Weisman, et al. v. New Jersey Dept. of Human...

 

HTMLU.S. District Court Blocks U.S. DOL's New Definition of Companionship Services Under FLSA
Stephen E. Zweig; Ford & Harrison LLP;
Legal Alert/Article
January 30, 2015, previously published on January 2, 2015
Executive Summary: The U.S. District Court for the District of Columbia has issued a Temporary Restraining Order ("TRO") blocking the U.S. Department of Labor ("DOL") from enforcing the new definition of Companionship Services in its Final Rule on the Application of the Fair...

 


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