Health Civil Rights

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Trove of SNF Claims Data Released By CMS – Ready for Mining By Auditors and Whistleblowers

Over recent years, the Federal government has trained its sights on potential billing abuses in the Medicare Part A program for Skilled Nursing Facilities (“SNFs”) in the provision of rehabilitation therapy services. The...more

Section 1557 of the ACA: The Legal Side of Health Equity

This week marks the end of National Minority Health Month and its 2016 theme of “Accelerating Health Equity for the Nation.” This month, the HHS Office of Minority Health’s goal was to “raise awareness of the health...more

So You’ve Filed Your 1095-C…Now What?

As companies complete their Section 6055 and 6056 reporting under the Affordable Care Act (ACA), now it’s time to be on the lookout for notices regarding ACA penalties....more

Labor & Employment E-Note - April 2016

In an article published by the Birmingham Business Journal ("BBJ") in the March 25 print edition, Bryance Metheny provides insights into a series of questions related to labor and employment law, including what are some legal...more

Not Everyone Wants to Be on TV

It turns out that not everyone wants to be on television. New York-Presbyterian found that out the hard way. Back in 2011 the hospital allowed a television camera crew inside treatment areas to record footage for the...more

North Carolina 2016 Pre-Session Legislative Update

Gaveling in the 2016 Session - Lawmakers will return to Raleigh next week for the 2016 short session of the North Carolina General Assembly, which will gavel in at 7:00 PM on Monday, April 25th. Following a nine-month...more

Supreme Court Seeks Meaning in Falsity and Fraud in the False Claims Act

Oral arguments were heard Tuesday, April 19th by the U.S. Supreme Court in one of the most significant False Claims Act (FCA) cases the Court has dealt with in decades on an issue with very real impact on whistleblower suits...more

Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case

Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly...more

A Wellness Win for Employers, But Will it Last?

As explained in our April 21, 2015 and May 9, 2015 blog posts, wellness programs that are part of a group health plan are subject to the HIPAA nondiscrimination rules, and other state and federal laws including, but not...more

Florida’s Agency for Healthcare Administration Announces Crackdown on Employee Background Checks

Florida’s Chapter of the Assisted Living Federation of America just advised that Florida’s Agency for Healthcare Administration released an e-blast today warning that it will begin to carefully scrutinize employee rosters at...more

Court Rejects End-Run of Medicare Appeals Rules

The Indiana Health Department sent a team to the Nightingale home health care and hospice group, in response to complaints. When CMS received the team’s report, it notified Nightingale that its Medicare certification was...more

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

EEOC v. Flambeau, Voluntary Plans, the Insurance Safe Harbor, and the Future of Wellness Programs

The benefits world was set abuzz late last year with Equal Employment Opportunity Commission v. Flambeau, Inc., in which the Federal District Court for the Western District of Wisconsin upheld the validity of Wisconsin-based...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On March 29, 2016, Centers for Medicare & Medicaid Services (CMS) issued a final rule entitled, “Medicaid and Children’s Health Insurance Programs: Mental Health Parity and...more

Africa Update - March 2016 #3

Leading the News - Republic of Congo - On March 20th, the Republic of Congo (ROC) held voting in a presidential election that was predicted to see President Denis Sassou Nguesso extend his three-decade rule....more

Health Care Discrimination Litigation Gets a New Set of Teeth under the ACA: 2015 Litigation Review and Preview of 2016

Discrimination in health care was prohibited before the Affordable Care Act, but on a limited basis. Protected classes did not include sex; prohibitions excluded private physicians accepting Medicare Part B; and, most...more

Retaliation Claim Survives Though False Claim Act Claim Is False

Roxanne Perkins was employed as a clinical supervisor of prior authorizations therapy at Wellcare Health Plans. When she returned from a leave of absence, she learned that Wellcare had instituted a new practice of approving...more

Five Challenges Facing Employers in the Health Care Industry

Employers in the health care industry are facing a number of looming threats. Workplace violence is one of the most serious occupational hazards facing health care workers, while cyber-attacks pose a significant threat to the...more

St. Patrick Parade Isn't Quite Wheezing but It's Time to Think about a Rescue Plan

The official celebration of St. Patrick’s Day in Boston came mercifully to a close with the parade on Sunday, March 20, 2016 in Southie. What, if anything, will halt the forces transforming South Boston (and other parts...more

Africa Update - March 2016 #2

Leading the News - Cote d’Ivoire - On March 13th, Al Qaeda in the Islamic Maghreb (AQIM) gunmen armed with assault rifles stormed the beach hotels in Grand-Bassam, a region population with Ivoirian and Western...more

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

Africa Update - March 2016

Leading the News - Somalia - On March 5th, the U.S. military, in self-defense and in defense of African Union (AU) Mission in Somalia (AMISOM) partners, conducted an airstrike against Raso Camp, a training facility...more

Hospice Care Eligible Patient Certification is a “Condition of Payment” Under False Claims Act

In order to state a cognizable claim under the False Claims Act (“FCA”) on a false certification theory, a plaintiff must allege that a defendant failed to comply with a federal statute or regulation that was a “condition of...more

What is The Status of OFCCP Jurisdiction Over Healthcare Providers?

In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare...more

OCR New Guidance Aims to Help Medical Mobile App Developers Predict when HIPAA Obligations Might Apply

Predicting whether the activities of a mobile health application developer trigger legal obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) presents some new challenges – not surprising...more

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