Akerman LLP

The Board of Pharmacy’s 40 Hour Rule is Dead! Long live the 20 Hour Rule! Community Pharmacy Ownership Rule Change Creates new Opportunities

The Florida Board of Pharmacy (BOP) recently amended the rules regarding community pharmacy hours of operation to reduce required daily operating hours from 40 to 20 hours per week. As before, the hours have to be posted and the…more
| Health, Science, Computers, & Technology

11th Circuit Awards Humana Double Damages Under Medicare Secondary Payer Act

Humana Medical Plan, Inc. v. Western Heritage Insurance Co., case number 15-11436. Liability insurers beware, as the 11th Circuit held that Medicare Advantage Organizations (MAO) are entitled to the same rights Medicare…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Health, Insurance

Universities: Growing Concern With Explosion of Retirement Plan Fee-Related Lawsuits

In a concerning development for universities and other institutions of higher learning nationwide, a growing number of schools, including Massachusetts Institute of Technology, New York University, Yale University, Johns Hopkins…more
| Civil Procedure, Education, Labor & Employment Law

HHS Issues Final Non-Discrimination Rules for Healthcare Providers

Healthcare providers and others who receive federal financial assistance are now subject to new non-discrimination rules and notice requirements under the Affordable Care Act. The new regulation prohibits discrimination in…more
| Civil Rights, Health

Zika and the Workplace: What Employers Must Know

With 413 Zika virus cases confirmed in 34 of Florida’s 67 counties as of August 15, it’s clear that it is spreading. Employers should take steps now to prepare for the impact. The virus can implicate several workplace…more
| Civil Rights, Health, Labor & Employment Law

BMI Redux: BMI Seeks To Move To “Clarify” The DOJ Position On Partial Licenses

As we have previously blogged, the Department of Justice (“DOJ”) rejected proposed modifications to the existing Broadcast Music, Inc. (“BMI”) and American Society of Composers, Authors and Publishers (“ASCAP”) consent decrees…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Brief Reprieve Before Hospitals Must Provide Medicare Patients with “Observation” Notices

Hospitals now have additional time before they must meet federal requirements to provide written notice to Medicare patients who are receiving observation services. Congress passed the Notice of Observation Treatment and…more
| Health

Paid Sick Leave

While the trend toward state and local governments offering paid sick time may keep workplaces healthier and give workers reason to be glad, it presents new challenges for the business owners, managers and HR professionals who…more
| Labor & Employment Law

DOJ Rejects Modifications of ASCAP, BMI Consent Decrees

On August 4, 2016, the Department of Justice (DOJ) rejected changes to the 1941 consent decrees with ASCAP and BMI. These decrees have been in place since 1941, when the DOJ settled antitrust claims with ASCAP and BMI relating…more
| Art, Entertainment, & Sports Law

Illinois’ Largest Health System Agrees to Stringent HIPAA Breach Settlement

The Department of Health and Human Services Office for Civil Rights (OCR) announced on August 4, 2016, a settlement agreement with Advocate Health Care Network, an integrated healthcare system with ten hospitals and a non-profit…more
| Health, Privacy, Science, Computers, & Technology

Traps for the Unwary: Does Your Employee Handbook Comply with the Affordable Care Act?

Do you think you’ve complied with the Affordable Care Act mandates? Before you answer yes, you’d best take a close look at your Employee Handbook – a minefield for mistakes…more
| Health, Labor & Employment Law

DOJ Rejects Modifications of ASCAP, BMI Consent Decrees

On August 4, 2016, the Department of Justice (“DOJ”) rejected changes to the 1941 consent decrees with ASCAP and BMI. These decrees have been in place since 1941, when the DOJ settled antitrust claims with ASCAP and BMI relating…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Consumer Protection

Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah

In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that although third parties may raise a work for hire defense, here there were factual…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Anti-Discrimination, Language Access Rules Compliance Deadline Fast Approaching for Health Insurers

Health insurers and HMOs have a limited time to review the new federal meaningful access rules and amend plan documents accordingly. However, many payors still have not revised their plans to include the required language, and…more
| Civil Rights, Commercial Law & Contracts, Health, Insurance

Illinois Restrictive Covenants: July 2016 Update

Heads up, Illinois employers with post-employment restrictive covenants: three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law
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