Articles and Blogs

Recently, Simon et al, v. Healthsouth of Sarasota Limited Partnership, et al, the Eleventh Circuit held that for a plaintiff to qualify as engaging in “protected activity,” the plaintiff must demonstrate that they had both a subjectively reasonable belief of fraud and an objectively reasonable belief of fraud. Background The plaintiff in this action was…Read More

Wellstar Atlanta Medical Center made a decision to close its doors effective November 1, 2022. The hospital, which incurred a $107 million loss last year, said it had been battling decreased revenue and increased staff and supply costs. The 460-bed hospital is currently one of two Level 1 Trauma Centers in Atlanta. A Federal Reserve Bank…Read More

On August 18, 2022, the U.S. Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking allowing for optional alternative procedures for the examination of documents required by the Form I-9 Employment Eligibility Verification. Currently, to complete the Form I-9, employers must physically examine documentation presented by new employees within three business days after…Read More

The leading driver of large employer health care costs are cancer, musculoskeletal conditions and cardiovascular disease according to a new survey of large employers across the country. Employers cover 82% of employee health care costs and health insurance costs increased 8.2% last year for large employers. The Economist released its list of the Best Places…Read More

On July 26, 2022, the Centers for Medicaid and Medicare (“CMS”) published the 2023 Hospital Outpatient Prospective Payment System (OOPS) and Ambulatory Surgery Center Payment System Proposed Rule. The proposed rule includes a new exception to the prohibition on physician self-referral (“Stark Law”) and would allow for physicians to have ownership or investment interests in…Read More

Amazon Is Flexing Given the number of boxes we see on porches these days, it’s fair to say we are all familiar with the hallmarks of Amazon’s core business – low price, fast delivery, wide selection and convenience powered by technology. Could these same value propositions translate into a radically reformed primary care delivery model?…Read More

On August 26, 2022, the U.S. Departments of Health and Human Services, Labor and the Treasury (collectively, the “Departments”) published their first final rule (“Final Rule”) implementing certain requirements of the No Surprises Act. This third round of rulemaking is narrow in scope and generally: (1) Responds to stakeholder comments related to the federal independent…Read More

Earlier this summer the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) released new guidance (“Guidance”) directed at retail pharmacies that details obligations to ensure comprehensive and nondiscriminatory access to reproductive health care services. This Guidance comes on the heels of a slew of recent legal changes, namely the Dobbs v….Read More

The Plaintiff, an information technology support specialist employed through a staffing agency, was employed on-site at an Assembly Plant. In April 2016, the Plaintiff complained to his staffing agency supervisor that he believed there was an issue with asbestos insulation in one of the work areas at the Assembly Plant. The Plaintiff e-mailed photographs of…Read More

The United States Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $300,640 settlement and corrective action plan with a dermatology provider over the improper disposal of protected health information (“PHI”). Background In May of 2021, the dermatology provider reported a breach to OCR when empty specimen containers with PHI on the…Read More