Articles and Blogs

A federal court recently held that Hurley Medical Center (“Hurley”) conducted an individualized inquiry and reasonably concluded that a nursing student intern’s accommodation request to bring her service dog with her as part of her clinical nursing rotation posed a direct threat jeopardizing the health and safety of patients and staff. The court also held…Read More

In an effort to not only establish a uniform standard for how U.S. Attorney Offices (“USAOs”) assess and credit voluntary self-disclosures but to also incentivize early and voluntary self-disclosure of corporate criminal misconduct, the Department of Justice (“DOJ”) has implemented a new Voluntary Self-Disclosure (“VSD”) Policy to be used by USAOs nationwide (the “Policy”). The…Read More

U.S. Senators proposed a bill that, if passed, would open the door to more physician-owned hospitals. The bill removes the Affordable Care Act’s ban on creating and expanding physician-owned hospitals. Georgia’s Senate passed a bill (which was previously highlighted in the 2/20/23 Briefing following the bill’s introduction) that exempts rural hospitals from the state’s Certificate…Read More

On February 10, 2023, the Office for Human Research Protections (“OHRP”) announced that the COVID-19 single institutional review board (“IRB”) exception determination will expire on May 11, 2023, consistent with the expiration of the COVID-19 Public Health Emergency (“PHE”). With the expiration of the COVID-19 single IRB exception determination (the “COVID-19 Exception Determination”), research institutions…Read More

As required by the Physician Payments Sunshine Act (“Sunshine Act”), by March 31, 2023, manufacturers of covered drugs, medical devices, biologicals and other medical supplies (“Applicable Manufacturers”), as well as applicable group purchasing organizations (“GPOs”), must report to the Centers for Medicare and Medicaid Services (“CMS”) payments made and other investment interests given in 2022…Read More

On February 21, 2023, the National Labor Relations Board (“Board” or “NLRB”) released a decision stating that an employer violates Section 8(a)(1) of the National Labor Relations Act (“Act” or “NLRA”) when it “proffers a severance agreement with provisions that would restrict employees’ exercise of their NLRA rights.” In particular, this opinion focused on the…Read More

On Friday, February 24, 2023, the Drug Enforcement Administration (“DEA”) proposed new regulations that would permanently allow for telemedicine-controlled substance prescriptions, including induction of medication assisted therapy (“MAT”) using buprenorphine. These long-awaited rules will be subject to an accelerated, 30-day notice and comment period that ends March 31, 2023 to allow for implementation prior to…Read More

In August 2022, in this post, we alerted Michigan employers defending wrongful discharge claims in violation of public policy that internal, as well as external complaints, will suffice to support such claims. In facts stemming from the same case (after remand from the Michigan Supreme Court), Michigan employers should also recognize that wrongful discharge claims…Read More

On February 7, 2023, the Department of Justice (“DOJ”) announced that it recovered over $2.2 billion in False Claims Act (“FCA”) related settlements and judgments in the federal fiscal year 2022. While this is less than half of the previous year’s recovery of $5.6 billion, the number of cases settled was the second highest on…Read More