Articles and Blogs

What must a successful FCA defendant show to collect attorney’s fees under the Equal Access to Justic Act? Can an error by the government create an FCA violation by a defendant relying upon the government’s acts? Does Vermont Agency of Natural Resources v. US ex rel. Stevens apply to FCA retaliation cases? Can a service…Read More

Executive Summary On December 14, 2011, the Centers for Medicare and Medicaid Services (“CMS”) released a long-awaited proposed rule, Transparency Reports and Reporting of Physician Ownership of Investment Interests (“Proposed Rule”), discussing the implementation of the physician payment “sunshine” provisions of the Patient Protection and Affordable Care Act (“PPACA”), commonly referred to as the “Sunshine…Read More

The National Labor Relations Board (NLRB) has again postponed the requirement for private employers to post notice of employee rights under the Nation Labor Relations Act (NLRA). See our previous analysis here, here, and here. Employers now have until April 30,2012 to post the required notice.  The board said it “has determined that postponing the…Read More

This past year has gone by rather quickly, and there has been a lot of activity in the employment and labor area – especially in the labor area! The National Labor Relations Board was particularly active with expansive rulings on employee use of Facebook and social media, walkouts, banners, rat balloons, hand billing, discussion of…Read More

On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”) that established a formal process for review and reconsideration of the supervision level assigned to certain outpatient therapeutic services furnished in hospitals and critical access hospitals (“CAHs”).  The Final Rule is…Read More

Summary On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”).  In the Final Rule, CMS revised provider agreement regulations addressing hospital and critical access hospital (“CAH”) patient notification requirements for situations where a physician is not present in the hospital…Read More

Summary On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”).  The Final Rule implemented a portion of Section 6001(a) of the Affordable Care Act (“ACA”) requiring CMS to develop a process for  physician-owned hospitals  to request an exception to the…Read More

Effective December 2, 2011, the Centers for Medicare and Medicaid Services (“CMS”) issued and implemented new and revised guidance in Appendix W of the Medicare State Operations Manual (“Interpretive Guidelines”) related to the Medicare Conditions of Participation for Critical Access Hospitals (“CAHs”).  Importantly, CMS issued new Interpretive Guidelines to 42 C.F.R. § 485.635(f) concerning CAH…Read More

Today, the National Labor Relations Board agreed to postpone the effective date of its Employee Rights notice-posting rule at the request of the federal court in Washington, D.C. hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution…Read More

On December 21, 2011, the National Labor Relations Board adopted a final rule amending its election case procedures to reduce unnecessary litigation and delays. The rule will be published in the Federal Register on Thursday, December 22, 2011 and is due to take effect on April 30, 2012. The Rule Will Speed Up Union Elections This new…Read More