Articles and Blogs

Recently, the EEOC updated its COVID-19 employment practices guidance (Section K, specifically) to include information on how employers can approach the newly released COVID-19 vaccines under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part I…Read More

The Sixth Circuit closed out 2020 with a decision that contains a warning for litigators to make sure they’re asking for an enumerated remedy under the Federal Arbitration Action (“FAA”)[1] to preserve the option of an interlocutory appeal.[2] Case Background Paul Dorsa initially filed a qui tam action under the False Claims Act (“FCA”) against…Read More

On December 27, 2020, the latest COVID-19 relief bill, titled the Consolidated Appropriations Act, 2021 (the “Act”), was signed into law. In addition to substantial economic relief, the Act included several other provisions relevant to rural health providers, including the establishment of a new type of rural hospital provider and increases in payments for some…Read More

On January 19, 2021, the U.S. Court of Appeals for the Eleventh Circuit in Hickman v. Spirit of Athens[1] dismissed a whistleblower retaliation claim under the False Claims Act (“FCA”), finding that the employer’s alleged “garden-variety fraud” did not fall under the statute. Two employees of a nonprofit were terminated after seeking to audit financial…Read More

Recently, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Revised COVID-19 Survey Activities, CARES Act Funding, Enhanced Enforcement for Infection Control deficiencies, and Quality Improvement Activities in Nursing Homes” (the “Memorandum”) that details new triggers and criteria for focused infection control surveys for nursing…Read More

December 2020 was one of the deadliest months of the COVID-19 pandemic. Approximately 77,000 people died from the disease, and over 6.4 million tested positive with daily COVID-19 counts averaging over 205,000 cases. Yet despite these increased numbers and the corresponding effect on the domestic and global economy (another 140,000 workers lost their jobs in…Read More

On January 19, 2021, OCR announced that it will exercise its discretion in enforcing the HIPAA Privacy, Security and Breach Notification Rules by not imposing penalties for noncompliance with those requirements against covered entities who are health care providers or their business associates in connection with the use of online or web-based scheduling applications (“WBSA”)…Read More

Starting today, January 19, 2021, health care organizations nationwide must comply with new regulations aimed at modernizing and streamlining key regulations under the federal Stark and Anti-Kickback Statutes. As we’ve noted in our prior alerts and content, the impact of these new regulations will be significant. The new regulations show that CMS and OIG have…Read More

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law on December 27, 2020 and recasts the Medicare hospice survey requirements and establishes new Medicare enforcement options and procedures. The Act’s hospice provisions generally track those contained in the Helping our Senior Population in Comfort Environments, also known as the HOSPICE Act, which was…Read More