Articles and Blogs

The EEOC on April 25, 2012 issued its Enforcement Guidance, updating its previous position on an employer’s use of arrest and conviction records in making employment decisions.  The Enforcement Guidance was issued without prior public comment and does not have the force of law, but it does indicate where the EEOC will likely head when charges…Read More

Last week, the Office of Federal Contract Compliance Programs (“OFCCP”) addressed the status of TRICARE-based affirmative action compliance reviews during an agency conducted webinar.  The webinar was in response to the recent passage of the National Defense Authorization Act (“NDAA”), which included language confirming that TRICARE network providers would not be considered federal subcontractors for…Read More

On April 26, 2012, Corporate Communications at National Government Services, Inc. issued the following statement: “Recently, the Region B Medicare Recovery Audit Contractor (RAC), CGI Federal, announced that ‘Based on a technical error discovered, CGI finds the Rituximab edit, an automated take back, was disallowed in error. Therefore, CGI reverses the original decision on all…Read More

In a speech delivered at an educational conference on April 19, Lois Lerner, Director of the Exempt Organizations Division at the Internal Revenue Service (“IRS”), reported the preliminary findings from an analysis of governance practices of exempt organizations and signaled that good governance will continue to be a focal point for the IRS.  The findings…Read More

In a memo issued today, NLRB Acting General Counsel Lafe Solomon outlined in detail how regional offices will implement new representation case procedures that take effect on Monday, April 30. The guidance covers the entire representation case process from beginning to end, incorporating to the extent necessary the new rules and the procedures that remain…Read More

The Federal Court in the Southern District of Ohio dismissed a debtor’s claim against Reid Hospital, in Richmond, Indiana, and one of its employees, under the Fair Debt Collections Practices Act (“FDCPA”). The Court found that the Hospital was a creditor to whom the Plaintiff owed a debt, and therefore could not be held civilly…Read More

The Centers for Medicare & Medicaid Services (CMS) just released a final rule requiring all providers of medical or other items or services and suppliers that qualify for a National Provider Identifier (NPI) to include their NPI on all applications to enroll in the Medicare and Medicaid programs and on all claims for payment submitted under…Read More

Suppliers participating in Round 2 and/or the national mail-order competition of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (“DMEPOS”) Competitive Bidding Program must have all applicable state licenses on file with the National Supplier Clearinghouse (“NSC”). Bidding suppliers must ensure that copies of applicable state licenses are recieved by the NSC on or…Read More

On April 17, 2012, the Department of Health and Human Services (“HHS”) announced that it had reached a settlement with Phoenix Cardiac Surgery, P.C. (the “Practice”) arising from potential violations of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  This is the first Resolution Agreement under HIPAA…Read More

Consumers can now compare results from home health agencies (HHA) patient surveys on the Quality Care Finder website.  These results are designed to create incentives for HHAs to improve quality of care, as well as to give patients additional information as to the type of care they will receive from a particular agency.  The Centers for…Read More