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Unpaid Prevailing Wage Assessments and Actions: Ways a General Contractor (and Its Surety) Can Protect Itself or Limit Its...

General contractors and their sureties on public works construction projects in California have faced an onslaught of claims, assessments, and lawsuits based on the failure of subcontractors, regardless of tier, to pay their...more

Construction E-Note - June 27, 2014

In This Issue: - Mississippi Legislature Expands State’s Lien Law to Protect Subcontractors, Suppliers, and Materialmen - The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General...more

OFCCP Setting Its Sites On TRICARE Providers?

Healthcare providers are waiting anxiously to see the Office of Federal Contract Compliance Programs’ (OFCCP) most recent position on whether it will continue trying to assert jurisdiction over them on the basis of...more

New Municipal Redevelopment Law Signed into Law in New Jersey

New Municipal Redevelopment Law Signed into Law in New Jersey by Patrick McNamara on September 20, 2013 Gov. Chris Christie has signed legislation that will change the rules for New Jersey redevelopment projects. The...more

ARB Issues Reconsideration Decision in OFCCP v. Florida Hospital of Orlando

On July 22, 2013, the Administrative Review Board (ARB) of the Department of Labor (DOL) held that a network participation agreement entered into by Florida Hospital with Humana Military Health Services (HMHS) for the...more

Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures

On May 8, 2013, the Office of Inspector General (OIG) published an updated bulletin that spells out the frequency with which employers should check the OIG’s List of Excluded Individuals and Entities and clarifies which...more

Affordable Care Act Bans Sex Discrimination in Employer Health Plans

Complaints filed Monday, June 3, 2013, with the Office for Civil Rights of the U.S. Department of Health and Human Services (OCR), allege that an employer that receives federal funding may not exclude pregnancy coverage in a...more

OIG Updates Special Advisory Bulletin on the Effect of Exclusion from Participating in Federal Health Care Programs

On May 8, 2013, the Office of Inspector General of the Department of Health and Human Services (“OIG”) released an Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care...more

OIG Issues Updated Bulletin on Exclusion from Federal Health Care Programs

On May 8, 2013, the Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from federal health care programs. A federal health care program (e.g., Medicare and Medicaid) is...more

OIG Updates Special Advisory Bulletin on the Effect of Exclusion from Federal Health Programs

On May 8, 2013, the OIG issued an update that supersedes and replaces its 1999 Special Advisory Bulletin, The Effect of Exclusion from Participation in Federal Health Care Programs. The updated bulletin continues to stress...more

EEOC Hears Testimony Concerning Employer Wellness Programs and the Need for Agency Clarification

Leslie Silverman, former EEOC Commissioner, now Co-Chair of Proskauer’s Government Regulatory and Contract Compliance Group, was part of a panel that testified before the EEOC today concerning the need for clearer guidance...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers

A federal district court has confirmed the position of the Office of Federal Contract Compliance Programs (OFCCP) finding that three hospitals providing medical services to U.S. government employees, and receiving payments...more

OFCCP Enforcement Powers Expanded Over Healthcare Industry

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs...more

Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or...more

Health Care Providers Beware — You May Be a Governmental Contractor

Executive Order 11246 (Order) was first issued in September 1965 by President Johnson. Its purpose was to prohibit race, religion, color, and national origin discrimination by federal contractors and subcontractors and...more

Hospitals that Provide Services to Government Employees Through an HMO are Government Contractors, Court Rules

Healthcare providers who treat government employees through a health maintenance organization are government subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), according...more

Health Care Services Providers to Federal Health Plan Members Subject to Federal Affirmative Action Compliance Audit

On March 30, the US District Court for the District of Columbia held that three University of Pittsburgh Medical Center-affiliated hospitals were federal subcontractors to an HMO that provided a managed care health plan to...more

Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal...

In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal...more

PRRB Upholds Liquidation Requirement for Pension Expenses in Wage Index Calculation

The Provider Reimbursement Review Board (PRRB) has issued a decision upholding CMS’s policy of not recognizing pension expenses for purposes of calculating the wage index unless such expenses are liquidated within one year. ...more

Federal District Court Holds that OFCCP Has Jurisdiction Over Hospitals That Provide Services to HMOs Retained by Federal...

Earlier this week, the federal district court for the District of Columbia ruled that three hospitals providing medical services through an HMO to U.S. government employees are “subcontractors” subject to OFCCP’s...more

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and...more

Corridors: News for North Carolina Hospitals - Winter 2012

In this issue: - Proposed Affordable Care Act Regulations are Designed to Encourage Participation in Wellness Programs - Proposed Rules Implementing Affordable Care Act Rules Prohibit Discrimination by Health...more

Feds Target Independent Contractor Misclassification

Citing a desire to minimize losses in contributions to unemployment insurance funds, protect workers' rights, and "level the playing field" for employers that abide by the law, the United States Department of Labor's (DOL's)...more

DeWine and Lawmakers Introduce Ohio False Claims Act Legislation

Yesterday, two members of the Ohio General Assembly introduced a bill to create the Ohio False Claims Act. The bill’s sponsors, Senator Jim Hughes (R-Columbus) and Senator Scott Oelslager (R-North Canton), noted that the bill...more

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