The Supreme Court of the United States issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine on June 28, 2024. Foreshadowed by decisions in recent years slighting Chevron, it...more
8/29/2024
/ Administrative Procedure Act ,
Affordable Care Act ,
Birth Control ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Public Health Service Act ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In March, the Department of Justice (DOJ) announced that a pilot program to incentivize individualized reporting was in development, which we reviewed here. True to its word, the DOJ's "Corporate Whistleblower Awards Pilot...more
8/12/2024
/ Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Pilot Programs ,
Financial Crimes ,
Healthcare Fraud ,
Incentives ,
Pilot Programs ,
Public Corruption ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Friday morning, the Supreme Court of the United States (SCOTUS) issued its highly-anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine. Foreshadowed by decisions in recent years criticizing...more
Baker Donelson recently published Anticipating SCOTUS Ruling on Chevron Deference – What to Know and Five Ways to Prepare explaining the United States Supreme Court's upcoming ruling which is expected to impact the regulatory...more
6/26/2024
/ Administrative Agencies ,
Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Department of Health and Human Services (HHS) ,
Disability Benefits ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Health Care Providers ,
Long-Term Care ,
Medicaid ,
Medicare ,
Regulatory Authority ,
Reimbursements ,
SCOTUS ,
Social Security Act ,
Statutory Authority ,
Statutory Interpretation
For decades, federal agencies have enjoyed significant deference from the courts regarding their interpretations of rules and regulations, a principle known as "Chevron deference" after the 1984 United States Supreme Court...more
According to President Biden's recently published column, the Administration's proposed rule, published on September 6, 2023, mandating that nursing homes begin to staff facilities so that registered nurses (RNs) and nurse...more
Is subjective intent relevant to FCA claims? The Court answered yes, holding that FCA liability turns on what the defendant actually believed, not on what an objectively reasonable person may have believed. On June 1, 2023,...more
In a much-welcomed step by the defense bar, on March 28, 2023, the United States Court of Appeals for the Sixth Circuit became the second federal appellate court to hold that "resulting from" under the 2010 amendment to the...more
Over the past year, the Biden administration has expressed serious doubts about the developing role of private equity investment in the long term care industry. In a Fact Sheet released in late February 2022, the White House...more
It is widely known that employers are prohibited from retaliating against employees for engaging in "protected activity." But what is "protected activity?" Unfortunately, the definition of "protected activity" varies widely...more
In a recent program at the Harvard Business School Campus on September 15, 2022, more than 1,000 business leaders and stakeholders in various industry and advocacy groups participated in a forum designed to raise awareness,...more
On July 26, 2022, the United States Court of Appeals for the Eighth Circuit held that "resulting from" under the 2010 amendment to the Anti-Kickback Statute (AKS)1 requires the government to prove that "but-for" the illegal...more
On July 20, 2022, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), released a Special Fraud Alert (the Alert) regarding fraudulent arrangements between practitioners and telemedicine...more
On March 4, 2021, the Securities and Exchange Commission (SEC) announced the creation of their Climate and Environmental, Social, and Governance Task Force (Task Force). This Alert addresses the purpose of the task force,...more
The Department of Justice (DOJ) has made numerous recent public statements reflecting increased priorities for enforcement, especially in the health care industry. The DOJ has a variety of tools at its disposal to enforce...more
1/31/2022
/ Anti-Kickback Statute ,
Audits ,
Civil Investigation Demand ,
Cooperation ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Government Investigations ,
Health Care Providers ,
Healthcare Fraud ,
Physicians ,
Voluntary Disclosure
Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more
If the recent criminal prosecutions of health care entities for wage fixing and employee non-solicitation agreements have not done so already, a recently filed class action in Michigan should act as a clarion call for health...more
On March 25, 2021, Chairwoman of the House Committee on Oversight and Reform Carolyn Maloney and the Select Subcommittee on the Coronavirus Crisis released a staff memo highlighting "new evidence" of the Trump...more
There are few areas that the pandemic has not touched, directly or indirectly. The Department of Justice Civil Division knows no different, as is reflected in its current statements regarding priorities for False Claims Act...more
Litigators can strike a balance between actively moving their cases forward and adhering to coronavirus guidance and orders by remotely conducting depositions. To conduct a successful remote deposition, litigators should...more
Congressional activity is already underway to begin oversight related to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Based on historical trends and the current political environment, oversight and...more
In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more
5/4/2020
/ Assisted Living Facilities (ALFs) ,
Depositions ,
Discovery ,
Fifth Amendment ,
Government Investigations ,
Long Term Care Facilities ,
Long-Term Care ,
Medical Malpractice ,
Negligence ,
Parallel Proceedings ,
Privileged Communication ,
Quality Assurance Programs ,
Risk Management ,
Risk Mitigation ,
Self-Incrimination ,
Skilled Nursing Facility ,
Subpoenas ,
Subsequent Remedial Measures ,
Testimony ,
Wrongful Death
Introduction - In the challenging world of COVID-19, state executive orders governing day-to-day business operations across industries have become commonplace. While traditional investigations may have slowed as regulators...more
The complications COVID-19 create are plentiful. Not least among them is the balance attorneys must strike between actively moving cases forward while simultaneously adhering to various executive, stay-at-home and Centers for...more
Introduction - While small businesses across the country are looking for much needed relief and assistance in the wake of COVID-19, they are focusing on pressing topics like payroll, keeping bills paid, and the immediate...more