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Appellate Court Cases Three appellate-level FCA cases were reported in January and February 2013. Only one, U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, Inc., was selected for publication. All three cases addressed Rule 9(b)’s requirement that allegations of fraud be lead “with particularity.” The cases, read together, highlight the differences among Circuits... READ MORE

Attorneys Mark Garsombke and Kendra Conover recently published an article on effective data and records management programs in Becker’s Hospital Review.  To read the article, click here.   READ MORE

Last April, we told you about the EEOC’s updated Enforcement Guidance regarding an employer’s use of arrest and conviction records when making employment decisions.   On January 29, 2013, the OFCCP issued its own guidance on this topic in the form of Directive 306.  Federal contractors and subcontractors who are being investigated by OFCCP should... READ MORE

New Simpson-Bowles Plan Released On February 19, Alan Simpson and Erskine Bowles released a new framework for a deficit reduction plan hoping to split the difference between President Obama and House Republicans. The plan is based on the parameters set by the President and House Speaker Boehner (R-OH) last December.  It calls for $2.4 trillion in... READ MORE

As we reported in our February 12, 2013 HR Insights blog positing New FMLA Regs and New FMLA Poster – March 8, 2013, the new FMLA regulations made several changes to the provisions dealing with military servicemembers and their families.  Besides requiring a new FMLA poster that addresses these changes, the U.S. Department of Labor Wage-Hour... READ MORE

On February 1, 2013, the Federal Trade Commission (FTC) issued two publications recommending ways that key players in the mobile marketplace, such as operating system providers, application developers, advertising networks and analytics companies, can promote mobile privacy and security. READ MORE

ECRI Institute has released its list of the Top 10 Health Technology Hazards for 2013.  The annual report is based on the prevalence and severity of incidents reported by health care facilities and information found in the Institute’s medical device problem reporting databases. READ MORE

This article is Part I in a five-part series discussing the federal Physician Payment Sunshine Act.  This first installment provides an overview of the major sections of the Sunshine Act and CMS’s implementing rule, with a focus on issues of importance to health product manufacturers and entities sharing an ownership structure with manufacturers.  Part... READ MORE

On February 13, 2013, the Federal Trade Commission (“FTC”) released an advisory opinion approving Norman PHO’s proposed “clinically integrated” network after a review process that took roughly a year and nine months (“Norman PHO Advisory Opinion”).  This is the FTC’s latest advisory opinion discussing the merits of clinical integration programs from an antitrust perspective... READ MORE