Labor & Employment Law, Commercial Law & Contracts, Health Law

The Burden of Excluded Parties After OIG’s Special Advisory Bulletin

by Mintz Levin - Health Law on 5/24/2013

The Office of Inspector General for the Department of Health and Human Services (“OIG”) recently issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, an...more

HEAL Advisory: Doctor Non-Solicitation Agreement Not Supported by Legitimate Business Interest

by Zachary Jackson | Epstein Becker & Green, P.C. on 5/24/2013

Lawyers and clients alike often believe that it is easier to enforce a non-solicitation agreement than a non-competition agreement. Sometimes, that's true. However, that does not mean that companies can enforce a...more

OIG's Special Advisory Bulletin on the Effect of Exclusion—Continuing the Focus on Individual Accountability

by George Breen, Jonah Retzinger, Carrie Valiant | Epstein Becker & Green, P.C. on 5/23/2013

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

Exclusions: OIG Offers Relationship Counseling to Providers

by Summer Swallow | BakerHostetler on 5/22/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs...more

Retired County Employees Can Amend Their Complaint In An Attempt To Prove Existence Of A Contract for Health Benefits

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 5/22/2013

In 2008, the Sonoma County Board of Supervisors (“County”) acted to cap the county’s contributions for health care benefits for retired employees at $500 per month. The Sonoma County Association of Retired Employees...more

Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health...

by Jessica Kracl, Sheva J. Sanders | Leonard, Street and Deinard on 5/17/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs....more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

Updated OIG Bulletin on Effect of Exclusion from Federal Health Care Programs

by Thompson Coburn LLP on 5/15/2013

On May 8, 2013, the U.S. Department of Health & Human Services, Office of Inspector General (“OIG”), issued an updated “Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs”...more

Employers – Are You Updating Your HIPAA Documents?

by Jewelie Grape | Leonard, Street and Deinard - Employee... on 5/15/2013

The Department of Health and Human Services released final Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations on January 25, 2013. ...more

Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion

by Ellyn L. Sternfield | Mintz Levin - Health Law on 5/13/2013

This week the Office of Inspector General for the Department of Health and Human Services (“OIG”) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, an...more

Shorts on Long Term Care April 2013

by Kenneth L. Burgess, Jennifer G. Parser | Poyner Spruill LLP on 4/10/2013

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work...more

The HIPAA/HITECH Final Rule has arrived!

by Ruth Griggs | Sands Anderson PC on 4/9/2013

If you are a health care provider and/or someone who routinely performs work involving patient health information on behalf of a health care provider, you likely need to know about the HIPAA/HITECH Final Rule....more

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

by Michael Walsh | Sedgwick LLP on 4/2/2013

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more

McAfee & Taft EmployerLINC Employee Benefits Alert: New HIPAA regulations for sponsors of group health plans

by Jim Prince | McAfee & Taft on 3/27/2013

The U.S. Department of Health and Human Services recently released its final regulations – also known as the “Final Rule” or “Omnibus Rule” – modifying the privacy, security, breach notification and enforcement rules...more

Burr Alert: Employer Obligations Under New HIPAA Rules

by C. Logan Hinkle, Debra Lee Mackey | Burr & Forman on 3/26/2013

With all of the attention garnered by healthcare reform, it would be easy to overlook the new HIPAA rules (the "Rules") applicable to covered entities under HIPAA, which include employer group health plans. Compliance with...more

Mediating Non-Compete Disputes in the Medical Device Industry

by Michael Greco | Fisher & Phillips LLP on 3/18/2013

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...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

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

by Denise L. Atwood | Snell & Wilmer L.L.P. on 2/22/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

Insurer’s State Law Claims Against Providers Upheld in New Jersey and Not Preempted by ERISA

by Daniel Meier on 1/10/2013

Insurer’s State Law Claims Against Providers Upheld in New Jersey and Not Preempted by ERISA...more

Minnesota House Commerce Committee Chair Announces 2013 Priorities

by John Knapp | Winthrop & Weinstine, P.A. on 1/3/2013

House Commerce Committee Chair Designate Joe Atkins has announced his top ten committee topics for the 2013 legislative session. Leading the list, not surprisingly, is health insurance exchange legislation. Passage of HIE...more

How Public Interest May Limit Enforcement of a Non-Compete Agreement

by Burr & Forman on 11/28/2012

Though non-compete agreements are generally disfavored in Tennessee as a restraint on trade, courts will enforce them if the employer has a legitimate business interest to protect and the time and territorial limits are...more

City’s Promise To Pay Portion Of Future Retirees’ Medical Insurance Premiums Is Enforceable

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt | Kronick, Moskovitz, Tiedemann & Girard on 11/14/2012

A court of appeal recently concluded that a trial court erred when it dismissed a lawsuit by city employees who alleged in their petition that the memorandum of understanding (“MOU”) ratified by the city council promised...more

Constant Email Access Increases Employee Stress

by Robert Freedman - Partner at Tharpe & Howell,... on 11/8/2012

Five days away from email equals less stress. This may sound obvious, but that was the conclusion of a recent study that took away email from thirteen civilian workers at an Army facility outside Boston, according to a...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

D.C. Circuit Denies Hospital’s Challenge to NLRB Health Care Rule

by Ballard Spahr LLP on 11/7/2012

In a strongly worded decision published last week, the U.S. Court of Appeals for the D.C. Circuit firmly rejected a challenge to the National Labor Relations Board’s Health Care Rule. Promulgated in 1989 and upheld two years...more

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Labor & Employment Law › Commercial Law & Contracts › Health Law