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Publications by Heather D. Mogden
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CMS Publishes FY 2026 IPPS Proposed Rule
[05/23/25]
CMS Issues Notice and Appeal Instructions to Hospitals That Reclassify Patients from Inpatients to Outpatients
[02/12/25]
CMS Releases 2025 IPPS Final Rule
[08/27/24]
HHS Cannot Exclude § 1115 Waiver Days from Medicare DSH Formula
[08/22/24]
Supreme Court Overturns Chevron
[06/28/24]
Supreme Court Agrees to Hear Group Appeal Challenging DSH Reimbursement Policy
[06/14/24]
CMS Issues Final Rule for DSH Medicare Advantage Days Policy
[06/08/23]
SCOTUS Tosses Objective FCA Scienter Standard
[06/07/23]
Law & Medicine: The Exercise of Discretion
[05/05/23]
Accommodating Employees in the Pandemic-Driven Mental Health Crisis: When Does the ADA Kick in?
DOJ Recouped $5.6 Billion Under FCA in 2021
[02/04/22]
DOJ Combats COVID-19 Fraud at “Unprecedented Pace and Tempo”
[04/06/21]
“No Claims Means No False Claims”—and No FCA Whistleblower Protection
[01/26/21]
DOJ Recouped $2.2B Under FCA in 2020, Plus $3.6B in Still-Pending Settlements
[01/15/21]
Your Standard Liability Policy Doesn’t Cover FCA Claims
[11/20/20]
Hostile Work Environment Not Permissible Method to “Select and Control” Employees Under Ministerial Exception
[09/11/20]
What Do You Want from Me? HHS’s Proposed Rule on Guidance Documents Would Clarify Agency Expectations
[08/19/20]
D.C. Circuit Upholds 340B Drug Reimbursement Cuts: Is This the End of the Road?
[08/07/20]
Are Religious Health Care Organizations Protected by the “Ministerial Exception” Under the Supreme Court’s Recent Decision in Our Lady Of Guadalupe?
[07/27/20]
Wisconsin Supreme Court Strikes DHS Recoupment Policy Requiring ‘Perfect’ Documentation of Medicaid Services
[07/17/20]
Objectively Reasonable Interpretation Saves Pharmacies from FCA Liability
[07/14/20]
Fourth Circuit Dismisses FCA Complaint for Failure to Plead “Rigorous” Scienter Element of FCA Claim and Causal Nexus of Retaliation Claim; Whether Retaliation Can Include ‘Blacklisting’ Not Addressed
[06/29/20]
Providers Beware: Avoiding the Pitfalls in Regulatory Flexibilities and Relief Funds
[05/21/20]
Second Circuit Affirms Dismissal of Piggybacked FCA Complaint
[03/24/20]
Third Circuit Emphasizes Distinction Between Falsity and Scienter in FCA Cases
[03/05/20]
Previously Settled FCA Case Resurrected by New “Original Source” Relator
[02/25/20]
MAC Attacks on the Rise for Allied Health Education Programs
[10/25/19]
#MeToo on the Move: New Sexual Harassment Legislation May Impact Employers
[01/18/19]
Brrr! New Consumer Credit Freeze Rights Trigger Updates to Employers’ FCRA Disclosure Forms
[01/04/19]
Warrantless Blood Draws: Wisconsin Supreme Court Splits on Constitutionality of Implied Consent When OWI Arrestee Is Unconscious
[07/16/18]
U.S. Supreme Court Says Wedding Cake Baker’s Religious Objections Must Be Considered with Neutrality
[06/05/18]
Medical Residency Programs Potentially Liable Under Title IX—For Resident AND Non-Resident Employees!
[08/22/17]
When the Department of Labor Pays a Visit
[07/05/17]
For the Record: Patients’ Attorneys Exempt from Medical Record Certification and Retrieval Fees in Wisconsin
[05/08/17]
Wisconsin Supreme Court Strikes Down City’s Residency Requirement
[07/05/16]
Sexual Assault Allegations Dismissed Under Wisconsin’s Three Year Statute of Limitations in Medical Malpractice Case
[07/05/16]
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