Government Contracting, Labor & Employment Law, Health Law

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

by Ropes & Gray LLP on 5/15/2013

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

by Aaron Graham | Bradley Arant Boult Cummings LLP on 5/14/2013

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

by Julie Kass | Ober|Kaler on 5/14/2013

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

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/8/2013

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...

by Theodore A. Olsen | Sherman & Howard L.L.C. on 5/6/2013

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

by Cheryl Behymer, Richele Taylor | Fisher & Phillips LLP on 5/1/2013

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

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

by David Gallacher, Franklin Turner | Sheppard Mullin Richter & Hampton LLP on 4/30/2013

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

OFCCP Enforcement Powers Expanded Over Healthcare Industry

by Amanda Pennington, Jaime Ramon, Caleb Wood | K&L Gates LLP on 4/29/2013

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

District Court Sides With DOL in Dispute Over Whether Healthcare Providers Are Government Contractors

by Ellen Shadur Gross | BakerHostetler on 4/24/2013

In a significant victory for the U.S. Department of Labor (DOL), the U.S. District Court for the District of Columbia recently found providers of healthcare services are subject to federal equal employment opportunity...more

Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts

by Daniel S. Herzfeld, Julia Judish | Pillsbury Winthrop Shaw Pittman LLP on 4/23/2013

In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more

White Collar Watch - April 2013

by Bruce D. Armon, Andrea P. Brockway, Michael Finio, Christopher R. Hall, Keith Lorenze, Nicholas J. Nastasi, Courtney L. Schultz, Brian Simons | Saul Ewing LLP on 4/23/2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

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

by Betsy Carroll, Candice Petty, Katharine Tylee | Davis Wright Tremaine LLP on 4/19/2013

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

False Claims Act Focus - April 2013

by Mary Beth Bosco, Laurence Freedman, Michael Guiffre, Susan Baldwin Hendrix, Laura Laemmle-Weidenfeld | Patton Boggs LLP on 4/15/2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

Health Care Providers Beware — You May Be a Governmental Contractor

by Daniel A. Kaplan, Mark Neuberger | Foley & Lardner LLP on 4/12/2013

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

by King & Spalding on 4/10/2013

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

by Jonathan Cain | Mintz Levin - Health Law on 4/9/2013

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...

by Alissa Horvitz, Jade Cobb Murray, Joshua Roffman | Littler on 4/9/2013

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

by Mark A. Stanley | Ober|Kaler on 4/9/2013

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

Hospitals Providing Medical Care to Federal Employees Covered by HMOs May Be Subject to OFCCP’s Affirmative Action and Other...

by Debra Friedman | Cozen O'Connor on 4/8/2013

Over the years, the Office of Federal Contract Compliance Programs (OFCCP), which enforces affirmative action and equal opportunity regulations for federal contractors and subcontractors, has tried to assert jurisdiction over...more

Healthcare Industry Legal Alert: Federal Judge Finds That OFCCP Has Jurisdiction Over Three Hospitals

by Bennet Alsher | FordHarrison on 4/5/2013

The Office of Federal Contract Compliance Programs ("OFCCP") has jurisdiction over three hospitals that provided medical services to federal employees who were members of an HMO, according to Judge Paul L. Friedman of the...more

Landmark Ruling Expands OFCCP Subcontractor Coverage to Healthcare Providers

by Duane Morris LLP on 4/4/2013

The U.S. District Court for the D.C. Circuit has ruled in UPMC Braddock v. Harris that three hospitals affiliated with the University of Pittsburgh Medical Center (UPMC) qualify as federal "subcontractors" because they...more

Health Care Case Makes Clear That Specific Contractual Language Is Not Necessary for OFCCP Jurisdiction

by Leigh M. Nason | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/4/2013

Three Pittsburgh hospitals have been found to be federal subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) because of the medical services they provide to a Health...more

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

by Daniel Davis | Proskauer - Government Contractor Compliance... on 4/4/2013

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

No Sale -- Sales Commissions Violate Anti-Kickback Statute; Prevent Enforcement of Nonsolicitation

by Robert Wolin | BakerHostetler on 3/13/2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more

Whistleblower Retaliation Claims — Are You Prepared?

by Paul Monsees | Foley & Lardner LLP on 3/12/2013

Publicity about whistleblower claims and recoveries continues to grab headlines. The recent confession by Lance Armstrong highlighted the blood doping allegations behind his seven Tour de France titles and on the...more

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Government Contracting › Labor & Employment Law › Health Law