Articles and Blogs

Constitutional or Not? On February 1, 2012, Indiana became the 23rd state to adopt a statute that prohibits private employers and unions from entering into agreements that compel union membership and the payment of dues and fees as a condition of employment.  This so-called Right-to-Work Law was the focus of intense partisan debate, which led to…Read More

As we approach the end of the 2014 calendar year and turn toward 2015, the “pay-or-play” penalties of the Patient Protection and Affordable Care Act (“PPACA”) will rise to the forefront of challenges for many employers.  Many employers are looking once again at whether they must provide health care coverage to employees in order to…Read More

On August 25, 2014, CMS issued a survey transmittal regarding the need for nursing homes to complete a discharge assessment when a resident transfers from a SNF and/or NF certified bed to a non-certified bed in the same facility.  CMS issued this transmittal to reinforce to facilities that discharge assessments are critical to ensure the accuracy…Read More

OIG recently issued Advisory Opinion 14-06, determining that a proposed arrangement for patient referrals to a specialty pharmacy had the potential to generate prohibited remuneration under the Anti-Kickback Statute.  The proposed arrangement involved a specialty pharmacy paying a support services fee to local retail pharmacies when the local pharmacies referred patients to the specialty pharmacy. …Read More

Protected Rights Expanded in Solidarity We have all become familiar with the protected rights of employees under the National Labor Relations Act. To be protected under Section 7 of the NLRA, employee conduct must be both “concerted” and engaged in for the purpose of “mutual aid or protection.” The question that the NLRB was presented…Read More

Essentially all of our clients conduct pre-employment background checks on their employees. These background checks generally include a criminal history and license, certification and/or registration records. Sometimes these checks also include driving and/or credit records. All of these reports are considered “consumer reports” under the Fair Credit Reporting Act (“FCRA”) and, accordingly, clients who use…Read More

Estheticians wishing to offer laser tattoo removal should remember that the procedure requires more than just a new machine; it also requires the presence of a physician. Kentucky law expressly prohibits estheticians practicing in the state from performing laser treatments unless practicing under the immediate supervision of a licensed physician. The term immediate supervision in…Read More

Executive Summary On August 4, 2014, the United States Department of Justice (“DOJ”) announced a settlement of a staggering $98.15 million with the nation’s largest operator of acute care hospitals (“Health System”).  The settlement resolves multiple lawsuits filed under the qui tam (whistleblower) provisions of the federal False Claims Act that prohibits a person from…Read More

Since July 2013, CMS has instituted a moratorium on new home health agencies (“HHAs”) enrollments in Miami and Chicago areas.  Earlier this year in February, CMS added Fort Lauderdale, Detroit, Dallas and Houston to the moratorium.  This month, CMS has renewed the moratoria for all six locations for an additional six-month period, with the option…Read More

On Tuesday, August 5, the Federal Communications Commission proposed changing how it defines high-speed Internet to download speeds of 10 megabits per second (Mbps) for a service to qualify as broadband. The FCC currently defines broadband Internet as 4 Mbps download speed. The FCC is seeking public comment on whether those bandwidth thresholds should be increased…Read More