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HTMLNew York Whistlebrower Court First to Address What It Means to "Identify Overpayment under ACA's 60 Day Rule
Breazeale Sachse Wilson L.L.P.;
Legal Alert/Article
February 26, 2015, previously published on January 21, 2015
For the first time since its enactment as part of the Affordable Care Act (ACA) in 2010, a federal court in a whistleblower action will consider a provision requiring providers to return overpayments within sixty days of when they are “identified.” The upcoming decision by the United...


HTMLClean-Uniform Policy May Lead to Additional Pay
Fisher Phillips LLP;
Legal Alert/Article
February 26, 2015, previously published on February 2, 2015
Most healthcare employers require employees to wear some sort of uniform. Of course, the most familiar uniforms in this setting are “scrubs,” but some employers require lab coats or other garments.


HTMLHealthcare Employer Lands in Patient-Privacy Predicament
Sally F. Barron; Fisher & Phillips LLP;
Legal Alert/Article
February 26, 2015, previously published on February 2, 2015
Healthcare providers are required by law to maintain the privacy of most patient information, and there are good business reasons for medical practices to protect patients’ personal information. In a recent case, a medical practice group found itself unwittingly having to disclose what it...


HTMLCourt Voids Labor Department’s Overtime Requirement and Narrowing of the 'Companionship' Exemption
Jerrold F. Goldberg; Greenberg Traurig, LLP;
Legal Alert/Article
February 24, 2015, previously published on February 5, 2015
In two forcefully-worded opinions by Judge Richard J. Leon, the U.S. District Court for the District of Columbia on Dec. 22, 2014, and Jan. 14, 2015, struck down a U.S. Department of Labor (DOL) regulation that would have required third party employers of employees engaged in companionship services...


Adobe PDFDistrict of Columbia Enacts New Law Providing Increased Protections for Pregnant Workers and Nursing Mothers
Susan Richards Salen; Rees Broome, PC;
Legal Alert/Article
February 24, 2015
The District of Columbia joined Delaware, Illinois, West Virginia and Maryland by enacting legislation to give additional protections to pregnant workers. On October 24, 2014, the District of Columbia enacted the “Protecting Pregnant Workers Fairness Act of 2014” (PPWFA or the...


HTMLRite Aid Pharmacy Chain Settles Whistleblower Case with the United States Government
Sarah Logan Mancebo; GrayRobinson, P.A.;
Legal Alert/Article
February 18, 2015, previously published on December 9, 2014
Rite Aid Corporation (“Rite Aid”) paid the United States government nearly $3 million to settle claims alleging it violated the False Claims Act between 2008 and 2010 for knowingly and improperly exerting undue influence on the decisions of Medicare and Medicaid beneficiaries. According...


HTMLTop Ten Current Employer Obamacare Questions
John R. Paliga; Gordon Feinblatt LLC;
Legal Alert/Article
February 5, 2015, previously published on Winter 2014
Q1 Our company offers health care coverage to employees. Are our employees eligible for health care coverage under the so-called "Obamacare" Health Care Exchanges, such as MarylandHealthConnection.gov or the federal exchange, HealthCare.gov? Yes. Generally speaking, everyone is eligible...


HTMLNew OSHA Reporting Requirements Now In Effect
Edwin G. Foulke, Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
February 4, 2015, previously published on January 6, 2015
As 2015 begins, the Occupational Safety and Health Administration (OSHA) is sharpening its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because of the changes and new reporting requirements that became effective on January 1,...


HTMLIRS Q&A Regarding Pre-Tax Contributions to Employee Health Insurance Premiums Raises Red Flags
Janis L. Adams, Kate E. Flewelling; Smith Haughey Rice Roegge P.C.;
Legal Alert/Article
February 3, 2015, previously published on December 29, 2014
Many employers want to help their employees cover the cost of health insurance, even when they are not required to provide insurance under the Affordable Care Act (ACA) employer mandate. However, recent IRS guidance on the issue of employer health insurance premium subsidies should be reviewed...


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...


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