Epstein Becker Green

Ban on Mandatory Employment Arbitration Agreements Passed by California Legislature

On August 27, 2015, the California Legislature passed AB 465, a bill that would make mandatory agreements to arbitrate employment disputes illegal in the state. Governor Jerry Brown has until October 11, 2015, to sign the…more

Arbitration Agreements, Brokers, Employer Liability Issues, Employment Contract, Hiring & Firing

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New York State Department of Labor Issues Proposed Rules for Payroll Debit Cards

The New York State Department of Labor (“NYSDOL”) recently announced that it had published proposed regulations (“Proposed Regulations”) governing employers’ use of payroll debit cards as a permissible method of wage payment…more

Best Management Practices, Employer Liability Issues, Payroll Cards, Proposed Regulation, Wages

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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CMS Issues Final Rule on Covered Outpatient Drugs

On January 21, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule (“Final Rule”) addressing key areas of Medicaid reimbursement for outpatient drugs and changes made to the Medicaid Drug Rebate…more

Affordable Care Act, CMS, Final Rules, Medicaid, Prescription Drugs

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CMS Issues Broad-Reaching Proposals to Better Align Medicaid Managed Care with the Commercial and Medicare Markets

On May 26, 2015, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule (“Proposed Rule”) containing the first proposed revisions to the Medicaid managed care (“MMC”) program’s regulations in more than 12…more

Affordable Care Act, CHIP, CMS, Comment Period, Health Care Providers

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CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the…more

Affordable Care Act, CMS, Final Rules, Medicare, Overpayment Recovery Time Limits

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Illinois Legislative Changes and a State Supreme Court Decision Substantially Help Employers Challenge Unemployment Claims

Two recent developments substantially affect unemployment benefits in Illinois. First, on January 3, 2016, the Illinois Unemployment Insurance Act (820 ILCS 405/602(A)) (“Act”) was amended to make it much easier for employers to…more

Amended Legislation, Hiring & Firing, IL Supreme Court, Unemployment Benefits, Willful Misconduct

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Hospice and Home Health Update: Recent Legislative and Regulatory Efforts Continue to Change the Regulatory Landscape for Hospice and Home Health Providers

October and November 2014 have been marked by several legislative and regulatory efforts impacting the hospice and home health industries: - President Obama signed the Improving Medicare Post-Acute Care Transformation Act…more

CMS, Healthcare, Home Health Agencies, Hospitals, IMPACT Act

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Act Now Advisory: How to Gather, Use, and Dispose of Background Information in Compliance with Federal Law - Helpful Guidance for Employers from the EEOC and FTC

The decision whether to hire or promote a particular job candidate is no small matter for employers, particularly in a climate where there are often numerous applicants for limited positions. To assist in this decision-making…more

Compliance, EEOC, Employer Liability Issues, FTC

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Mental Health Parity Final Rule for Medicaid and CHIP: Few Changes from the Proposed Version

On March 30, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published its long-awaited final rule (“Final Medicaid Parity Rule” or “Final Rule”) implementing the Paul Wellstone and Pete Domenici Mental Health Parity…more

Affordable Care Act, CHIP, CMS, Mental Health Parity Rule, MHPAEA

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Key Highlights of the New York State Public Health and Health Planning Council's Recommendations for Oversight of Ambulatory Care Services

In the setting of a more sophisticated, cost-conscious patient population coupled with a potential crisis with respect to primary care access, more and more ambulatory and stand-alone clinic services are becoming available to…more

Healthcare, Healthcare Reform

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Emergency Legislation to Amend California’s Paid Sick Leave Requirements Signed by Governor, Effective Immediately

Last year, the California Legislature enacted A.B. 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“Act”), which amended California Labor Code Section 245.5 to provide paid sick days to most California employees,…more

Accrued Benefits, Amended Legislation, Best Management Practices, Employee Rights, Entertainment Industry

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FDA Signals Restrictive Regulatory Approach in Draft Guidance on Animal Drug Compounding

On May 18, 2015, the U.S. Food and Drug Administration (“FDA”) withdrew its 2003 Compliance Policy Guide – Section 608.400, Compounding of Drugs for Use in Animals and signaled new plans to constrain animal drug compounding in…more

Animal Drugs, CGMP, DQSA, Drug Compounding, FDA

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USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions, plus…more

H-1B, Highly-Skilled Workers Visa, Lottery, Popular, USCIS

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New Guidance from OCR Emphasizes Individuals’ Right to Access Information

The Health Insurance Portability and Accountability Act (“HIPAA”), subject to certain exceptions, provides individuals with the right to access their personal health information (“PHI”). Recently, the Office for Civil Rights…more

Covered Entities, HIPAA, Information Requests, New Guidance, OCR

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USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions, plus…more

H-1B, Highly-Skilled Workers Visa, Lottery, Popular, USCIS

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OIG Issues New Guidance on Its Evaluation Process and Non-Binding Criteria for Section 1128(b)(7) Exclusions

On April 18, 2016, the Office of Inspector General (“OIG”) of the Department of Health and Human Services issued a revised policy statement applicable to exclusions imposed under Section 1128(b)(7) of the Social Security Act…more

False Claims Act (FCA), New Guidance, OIG, Social Security Act

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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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

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The DOL’s Final Fiduciary Rule: Leveling the Playing Field for Retirement Investors

On April 6, 2016, the U.S. Department of Labor (“DOL”) released its final rule (“Fiduciary Rule”) concerning the definition of a “fiduciary” who provides investment advice to a plan for a fee. The basic fiduciary rules governing…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Duty, Investment Adviser

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Significant Changes for Employers Doing Business in Oregon

Employers should be aware of several recent changes to various employment laws in Oregon. These laws affect how the majority of private employers in Oregon do business…more

Amended Regulation, Ban the Box, Non-Compete Agreements, Social Media Policy, Wage and Hour

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OIG Proposes New Safe Harbors to the Anti-Kickback Statute and New Exceptions to the Two Civil Monetary Penalty Provisions

On October 3, 2014, the Department of Health and Human Services’ Office of Inspector General (“OIG”) published a proposed rule (“Proposed Rule”) to add new safe harbors to the federal health care program anti-kickback statute…more

Affordable Care Act, Ambulance Providers, Anti-Kickback Statute, CMP Law, Gainsharing

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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Updated Timeline of Highlights for Employer Group Health Plan Compliance with the Affordable Care Act

Since enactment of the Affordable Care Act (“ACA”), the regulators have promulgated a myriad of regulations implementing the ACA’s requirements for group health plans. Over the past several years, the Obama administration has…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Health Insurance, Healthcare Reform

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NIH Issues Proposed Rule Expanding Clinical Trial Registration and Reporting Obligations

On November 21, 2014, the National Institutes of Health (“NIH”) published a notice of proposed rulemaking regarding requirements for clinical trial registration and the reporting of results (“Notice” or “Proposed Rule”). These…more

Clinical Trials, FDA, NIH, Proposed Regulation, Public Health Service Act

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CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the…more

Affordable Care Act, CMS, Final Rules, Medicare, Overpayment Recovery Time Limits

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CMS Releases Proposed Rule Reforming Medicare CLFS Payment Rates

The Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule [CMS-1621-P] in accordance with Section 216 of the Protecting Access to Medicare Act of 2014 (“PAMA”), which establishes a new payment methodology for…more

Clinical Laboratories, CMS, HHS, Medicare, Medicare Payment Reform

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Connecticut Passes Two Employment-Related Bills: Pay Secrecy and Workplace Protections for Interns

Bill Barring Pay Secrecy - On July 2, 2015, Governor Dannel P. Malloy signed Public Act 15-196, "An Act Concerning Pay Equity and Fairness” (“Pay Equity Act”), which makes it illegal for Connecticut employers to prohibit…more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Employer Liability Issues, Internships

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The Clock’s Running Fast: SDNY Is First to Interpret “Identification” Under the FCA’s “60-Day Rule” for Government Overpayments

On August 3, 2015, in United States ex rel. Kane v. Healthfirst, Inc., et al., No. 1:11-cv-02325 (S.D.N.Y. Aug. 3, 2015), the United States District Court for the Southern District of New York issued the first reported opinion…more

Affordable Care Act, CMS, Defense Strategies, False Claims Act (FCA), Health Care Providers

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Mental Health Parity Final Rule for Medicaid and CHIP: Few Changes from the Proposed Version

On March 30, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published its long-awaited final rule (“Final Medicaid Parity Rule” or “Final Rule”) implementing the Paul Wellstone and Pete Domenici Mental Health Parity…more

Affordable Care Act, CHIP, CMS, Mental Health Parity Rule, MHPAEA

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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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

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New York State OMIG Releases Work Plan for Fiscal Year 2015-2016

On April 1, 2015, the New York State Office of Medicaid Inspector General (“OMIG”) released its Work Plan for fiscal year (“FY”) 2015-2016 (April 1, 2015 – March 31, 2016). The OMIG’s mission is to prevent and detect fraudulent,…more

Fraud and Abuse, Healthcare, MCOs, Medicaid, OMIG

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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$750,000 HIPAA Settlement Reinforces Need to Be Proactive

As the Department of Health and Human Services’ (“HHS”) Office of Civil Rights (“OCR”) proceeds with its second round of HIPAA audits, this time covering business associates as well as covered entities, a recent settlement with…more

Audits, Corrective Actions, Covered Entities, Data Breach, Electronic Medical Records

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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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

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Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)…more

Corporate Counsel, Cybersecurity, DOL, Employer Liability Issues, Executive Compensation

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OIG Issues New Guidance on Its Evaluation Process and Non-Binding Criteria for Section 1128(b)(7) Exclusions

On April 18, 2016, the Office of Inspector General (“OIG”) of the Department of Health and Human Services issued a revised policy statement applicable to exclusions imposed under Section 1128(b)(7) of the Social Security Act…more

False Claims Act (FCA), New Guidance, OIG, Social Security Act

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Five ACA Issues That Employers Should Be Following

Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA…more

Affordable Care Act, Corporate Counsel, Employer Mandates, Healthcare, Healthcare Reform

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Benefits Litigation Update – Spring 2016

A Publication from Epstein Becker Green and The ERISA Industry Committee Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”)…more

ADA, Benefit Plan Sponsors, CIGNA v Amara, EEOC, ERISA

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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DOJ Focuses on Individual Accountability: New Guidance for Corporate Investigations Places Pressure on Companies and Boards to Put Executives at Risk

On September 9, 2015, the Department of Justice (“DOJ”) issued new guidance on individual accountability for corporate wrongdoing. In the memorandum and an accompanying speech by the Deputy Attorney General Sally Q. Yates, the…more

Attorney-Client Privilege, Board of Directors, C-Suite Executives, Chief Compliance Officers, Corporate Misconduct

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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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

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California Employers, Beware: It’s Time to Rewrite Your Sick Leave and PTO Policies

By now, most employers have heard about California’s new paid sick leave law, AB 1522, technically known as the Healthy Workplace, Healthy Families Act, which will be codified at Labor Code sections 245 to 249 and 2810.5. Many…more

Best Management Practices, Employment Policies, Healthy Workplace Act, New Legislation, Paid Leave

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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NIH Issues Proposed Rule Expanding Clinical Trial Registration and Reporting Obligations

On November 21, 2014, the National Institutes of Health (“NIH”) published a notice of proposed rulemaking regarding requirements for clinical trial registration and the reporting of results (“Notice” or “Proposed Rule”). These…more

Clinical Trials, FDA, NIH, Proposed Regulation, Public Health Service Act

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Welcome Holiday Relief for Employers Under the Affordable Care Act in 2016

The U.S. government and federal agencies ended the 2015 winter holiday season by announcing delays to key provisions affecting employers under the Patient Protection and Affordable Care Act (“ACA”)…more

Affordable Care Act, Cadillac Tax, Employer Group Health Plans, Filing Deadlines, IRS

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Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent company…more

Corporate Counsel, International Labor Laws, Japan, Parent Corporation, Subsidiaries

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Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent company…more

Corporate Counsel, International Labor Laws, Japan, Parent Corporation, Subsidiaries

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USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions, plus…more

H-1B, Highly-Skilled Workers Visa, Lottery, Popular, USCIS

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Vermont Becomes Fifth State to Enact Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law bill H. 187 (“Act”), which will require Vermont employers to provide paid sick leave beginning on January 1, 2017. Vermont has become the fifth state (after…more

Anti-Retaliation Provisions, Collective Bargaining Agreements (CBA), Governor Shumlin, New Legislation, Notice Requirements

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Massachusetts Issues Final Earned Sick Time Regulations—Law Becomes Effective July 1, 2015

On June 19, 2015, the Massachusetts Attorney General’s Office filed its final regulations (“Final Regulations”) to implement the Commonwealth’s Earned Sick Time law, which was enacted through a ballot vote in November 2014. The…more

Earned Sick Time, FMLA, Paid Leave, Parental Leave, Sick Leave

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CMS Proposes Modest Increases to Medicare Advantage and Part D Plan Payment Rates Accompanied by Significant Revisions to Risk Adjustment Methodologies and Employer/Union-Only Group Welfare Plan Bids

The Advance Notice (“Advance Notice”) of Methodological Changes for Calendar Year (“CY”) 2017 for Medicare Advantage (“MA”) Capitation Rates, Part C and Part D Payment Policies and 2017 Call Letter was released by the Centers…more

Affordable Care Act, CMS, Medicare Advantage, Medicare Part D

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Doing the Cha-Cha on Exchange Rules: CMS Moves Forward on Standardized Plan Offerings but Steps Back from Instituting Minimum Network Adequacy Standards

On March 8, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule titled “Patient Protection and Affordable Care Act; CMS Notice of Benefit and Payment Parameters for 2017” (“Final Rule”)[1] setting…more

Affordable Care Act, CMS, Final Rules, Health Insurance Exchanges, Qualified Health Plans

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The DOL’s Final Fiduciary Rule: Leveling the Playing Field for Retirement Investors

On April 6, 2016, the U.S. Department of Labor (“DOL”) released its final rule (“Fiduciary Rule”) concerning the definition of a “fiduciary” who provides investment advice to a plan for a fee. The basic fiduciary rules governing…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Duty, Investment Adviser

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Employer Posting Requirements Under New Jersey Law

In 2015, Elizabeth and Bloomfield joined the growing number of New Jersey municipalities mandating paid sick leave. These new laws all contain corresponding mandatory posting requirements (see below). Consequently, with the…more

Municipalities, Paid Leave, Posting Requirements, Sick Leave

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New York State Requires PBM Contracts to Include a Mechanism for Appealing Disputes Related to Generic Drug Pricing

On December 11, 2015, Senate Bill 3346-B[1] was signed into law by New York State Governor Andrew Cuomo. The new bill requires contracts between pharmacy benefit managers (“PBMs”) and pharmacies (or pharmacies’ contracting…more

Dispute Resolution, Generic Drugs, Governor Cuomo, MACs, New Legislation

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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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

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HEALTH REFORM: Four Key Areas of the New HIPAA Privacy Regulations

On January 25, 2013, the Health Insurance Portability and Accountability Act ("HIPAA") regulations (the "Omnibus Rule") implementing the statutory amendments under the Health Information Technology for Economic and Clinical…more

Business Associates, Data Breach, Data Protection, Healthcare, HIPAA

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NYC Affordable Transit Act: Employers Will Be Required to Offer Qualified Transportation Benefits in the New Year

Effective January 1, 2016, most employers with 20 or more full-time employees in New York City must offer those full-time employees the opportunity to use pre-tax earnings to purchase qualified transportation fringe benefits in…more

Best Practices, Commuting, Employee Benefits, Fringe Benefits, Full-Time Employees

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Doing the Cha-Cha on Exchange Rules: CMS Moves Forward on Standardized Plan Offerings but Steps Back from Instituting Minimum Network Adequacy Standards

On March 8, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule titled “Patient Protection and Affordable Care Act; CMS Notice of Benefit and Payment Parameters for 2017” (“Final Rule”)[1] setting…more

Affordable Care Act, CMS, Final Rules, Health Insurance Exchanges, Qualified Health Plans

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CMS Proposes Modest Increases to Medicare Advantage and Part D Plan Payment Rates Accompanied by Significant Revisions to Risk Adjustment Methodologies and Employer/Union-Only Group Welfare Plan Bids

The Advance Notice (“Advance Notice”) of Methodological Changes for Calendar Year (“CY”) 2017 for Medicare Advantage (“MA”) Capitation Rates, Part C and Part D Payment Policies and 2017 Call Letter was released by the Centers…more

Affordable Care Act, CMS, Medicare Advantage, Medicare Part D

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USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions, plus…more

H-1B, Highly-Skilled Workers Visa, Lottery, Popular, USCIS

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California Governor Vetoes Bill Prohibiting Mandatory Employment Arbitration Agreements

Employers can breathe a big sigh of relief for now: Governor Jerry Brown vetoed SB 465, which threatened to outlaw mandatory employment arbitration agreements in California. In his veto message, the Governor noted that there are…more

Arbitration, Arbitration Agreements, Consideration, Employer Liability Issues, Employment Contract

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Act Now Advisory: Illinois Extends Sexual Harassment Protection to Unpaid Interns

The Governor of Illinois has signed into law a bill (the "Amendment") that amends the Illinois Human Rights Act to prohibit sexual harassment against unpaid interns. The Amendment becomes effective on January 1, 2015…more

Employer Liability Issues, Human Rights, New Amendments, Sexual Harassment, Unpaid Interns

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Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)…more

Corporate Counsel, Cybersecurity, DOL, Employer Liability Issues, Executive Compensation

See All Updates »

Benefits Litigation Update – Spring 2016

A Publication from Epstein Becker Green and The ERISA Industry Committee Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”)…more

ADA, Benefit Plan Sponsors, CIGNA v Amara, EEOC, ERISA

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Connecticut Law Changes Reporting and Governance Requirements for Health Care Entities: Part 2: Requirements Applicable to Hospitals and Medical Foundations

In recent years, we have seen an acceleration in the rate at which health care entities are consolidating and restructuring their organizations in response to the changing regulatory environment. Recent legislation passed in…more

Competition, Health Care Providers, Healthcare, Hospitals, Physicians

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HHS Sets New Requirements to Limit Surprise Medical Bills from Out-of-Network Providers

The U.S. Department of Health and Human Services (“HHS”) recently released a final rule titled “Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017” (“Final Rule”)[1] that sets…more

Affordable Care Act, Final Rules, HHS, Out of Network Provider, Out-of-Pocket Expenses

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Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)…more

Corporate Counsel, Cybersecurity, DOL, Employer Liability Issues, Executive Compensation

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U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation…more

Administrative Interpretation, Best Practices, DOL, Economic Realities Test, Employee Definition

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New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference…more

Collective Bargaining, FMLA, Governor Cuomo, Minimum Wage, State Budgets

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Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

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Five Health Care Developments Important to Employers

Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is set…more

Affordable Care Act, DOL, EEOC, Employer Group Health Plans, Flexible Spending Accounts

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CMS Proposes Modest Increases to Medicare Advantage and Part D Plan Payment Rates Accompanied by Significant Revisions to Risk Adjustment Methodologies and Employer/Union-Only Group Welfare Plan Bids

The Advance Notice (“Advance Notice”) of Methodological Changes for Calendar Year (“CY”) 2017 for Medicare Advantage (“MA”) Capitation Rates, Part C and Part D Payment Policies and 2017 Call Letter was released by the Centers…more

Affordable Care Act, CMS, Medicare Advantage, Medicare Part D

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New York State Requires PBM Contracts to Include a Mechanism for Appealing Disputes Related to Generic Drug Pricing

On December 11, 2015, Senate Bill 3346-B[1] was signed into law by New York State Governor Andrew Cuomo. The new bill requires contracts between pharmacy benefit managers (“PBMs”) and pharmacies (or pharmacies’ contracting…more

Dispute Resolution, Generic Drugs, Governor Cuomo, MACs, New Legislation

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Validating the Voidable: A Guide to the New Procedures to Ratify Defective Corporate Acts Under Delaware Law

On June 30, 2013, the governor of the State of Delaware signed legislation that amends the Delaware General Corporation Law ("DGCL"). Among the amendments are two new sections of the DGCL, Section 204 and Section 205, which…more

Corporate Governance, New Legislation, Stocks, Voidable

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The Fair Debt Collection Practices Act—Hope on the Horizon for Debt Collectors?

Debt collection is big business—easily a multibillion-dollar industry. In 2012, approximately 30 million individuals, or 14 percent of American adults, had debt (averaging about $1,500) that was or had been subject to the…more

Attorney's Fees, CFPB, Debt Collection, Debtors, FDCPA

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Vermont Becomes Fifth State to Enact Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law bill H. 187 (“Act”), which will require Vermont employers to provide paid sick leave beginning on January 1, 2017. Vermont has become the fifth state (after…more

Anti-Retaliation Provisions, Collective Bargaining Agreements (CBA), Governor Shumlin, New Legislation, Notice Requirements

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Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of…more

ADA, Best Management Practices, Compassionate Use Act, Corporate Counsel, Disability

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Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”), took…more

Background Checks, Ban the Box, Best Management Practices, Conditional Job Offers, Criminal Background Checks

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Connecticut Law Changes Reporting and Governance Requirements for Health Care Entities: Part 2: Requirements Applicable to Hospitals and Medical Foundations

In recent years, we have seen an acceleration in the rate at which health care entities are consolidating and restructuring their organizations in response to the changing regulatory environment. Recent legislation passed in…more

Competition, Health Care Providers, Healthcare, Hospitals, Physicians

See All Updates »

The Impact of Health Insurance Co-Op Liquidations on Providers

A growing number of health insurance co-ops or “consumer operated and oriented plans” created under the Affordable Care Act (“ACA”) are shutting down on their own initiative or on orders of state regulators because of their…more

Affordable Care Act, Co-Op, Health Care Providers, Health Insurance, Insolvency

See All Updates »

CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the…more

Affordable Care Act, CMS, Final Rules, Medicare, Overpayment Recovery Time Limits

See All Updates »

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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

See All Updates »

New California Fair Employment Regulations: It’s Time for California Employers to Update Their Policies

On April 1, 2016, California’s amended Fair Employment and Housing Act Regulations (“Amended Regulations”), which interpret substantive rights under the Fair Employment and Housing Act (“FEHA”), will take effect. The Amended…more

Amended Regulation, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Employment Policies

See All Updates »

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference…more

Collective Bargaining, FMLA, Governor Cuomo, Minimum Wage, State Budgets

See All Updates »

New DOJ and DOL Initiative Marries Environmental Crimes with Worker Safety Violations

The last quarter of 2015 was marked by an ever-increasing drumbeat of employee and union concern over what many viewed as the Occupational Safety and Health Administration’s (“OSHA’s”) anemic enforcement capability. The agency…more

Criminal Prosecution, DOJ, Employer Liability Issues, Enforcement Actions, OSHA

See All Updates »

Benefits Litigation Update – Spring 2016

A Publication from Epstein Becker Green and The ERISA Industry Committee Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”)…more

ADA, Benefit Plan Sponsors, CIGNA v Amara, EEOC, ERISA

See All Updates »

European Court of Justice Invalidates U.S.-EU Safe Harbor

On October 6, 2015, the European Court of Justice (“ECJ”), the top court of the European Union (“EU”), released its opinion in Maximillian Schrems v. Data Protection Commissioner (C-362/14), invalidating the U.S.-EU Safe Harbor…more

Binding Corporate Rules, Data Protection Authority, EU, EU Data Protection Laws, EU Directive

See All Updates »

Act Now Advisory: New York City Paid Sick Time Law Will Likely Become Effective

On May 8, 2013, the New York City Council approved a legislative amendment that would create a statutory entitlement to sick time for employees working in New York City. The amendment, entitled the "Earned Sick Time Act"…more

ESTA, Local Ordinance, Medical Leave, Municipalities, Notice Requirements

See All Updates »

Employer Posting Requirements Under New Jersey Law

In 2015, Elizabeth and Bloomfield joined the growing number of New Jersey municipalities mandating paid sick leave. These new laws all contain corresponding mandatory posting requirements (see below). Consequently, with the…more

Municipalities, Paid Leave, Posting Requirements, Sick Leave

See All Updates »

New Opportunity to Comment on Key Components of Medicare Physician Payment Reform: CMS Issues 30-Day Request for Information on MIPS and APMs

On September 28, 2015, the Centers for Medicare & Medicaid Services (“CMS”) issued a request for information (“RFI”)seeking comments on two key components of the physician payment reform provisions included in the Medicare…more

CMS, EHR, Healthcare, HHS, Medicare Access and CHIP Reauthorization (MACRA)

See All Updates »

New California Fair Employment Regulations: It’s Time for California Employers to Update Their Policies

On April 1, 2016, California’s amended Fair Employment and Housing Act Regulations (“Amended Regulations”), which interpret substantive rights under the Fair Employment and Housing Act (“FEHA”), will take effect. The Amended…more

Amended Regulation, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Employment Policies

See All Updates »

Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

See All Updates »

The New Illinois Secure Choice Savings Program: Considerations for Employers

On January 4, 2015, the governor of Illinois signed into law the Illinois Secure Choice Savings Program Act (S.B. 2758). This law—first of its kind in the nation—requires certain employers to provide an automatic payroll…more

Employer Mandates, New Legislation, Payroll Deductions, Retirement Plan, Roth IRA

See All Updates »

Benefits Litigation Update – Spring 2016

A Publication from Epstein Becker Green and The ERISA Industry Committee Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”)…more

ADA, Benefit Plan Sponsors, CIGNA v Amara, EEOC, ERISA

See All Updates »

FDA Recommends Medical Device Manufacturers Implement a Comprehensive Cybersecurity Risk Management Program in Accordance with NIST Standards

Medical devices increasingly contain software or connect to networks that may leave the devices vulnerable to cyber-attacks. The U.S. Food and Drug Administration (“FDA”) has recognized the potential risks that these…more

Cybersecurity, FDA, Medical Devices, NIST, Premarket Approval Applications

See All Updates »

Five Health Care Developments Important to Employers

Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is set…more

Affordable Care Act, DOL, EEOC, Employer Group Health Plans, Flexible Spending Accounts

See All Updates »

Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)…more

Corporate Counsel, Cybersecurity, DOL, Employer Liability Issues, Executive Compensation

See All Updates »

California Governor Vetoes Bill Prohibiting Mandatory Employment Arbitration Agreements

Employers can breathe a big sigh of relief for now: Governor Jerry Brown vetoed SB 465, which threatened to outlaw mandatory employment arbitration agreements in California. In his veto message, the Governor noted that there are…more

Arbitration, Arbitration Agreements, Consideration, Employer Liability Issues, Employment Contract

See All Updates »

Special Immigration Alert: USCIS Releases Updated Guidance on H-1B Eligibility for Nurses

On July 21, 2014, the U.S. Citizenship and Immigration Services ("USCIS") released a policy memorandum ("PM"), dated July 11, 2014, which provided the first new guidance on H-1B eligibility for nurses in 12 years!…more

Corporate Counsel, Guidance Update, H-1B, Hiring & Firing, Nurses

See All Updates »

Philadelphia Joins Growing List of Cities with Paid Sick Leave Laws

On February 12, 2015, the Philadelphia City Council passed the “Promoting Healthy Families and Workplaces” Ordinance (“Ordinance”), requiring private employers with 10 or more employees in the city of Philadelphia to provide…more

Employer Mandates, Healthy Families Act, Local Ordinance, Paid Leave, Sick Leave

See All Updates »

OIG Issues New Guidance on Its Evaluation Process and Non-Binding Criteria for Section 1128(b)(7) Exclusions

On April 18, 2016, the Office of Inspector General (“OIG”) of the Department of Health and Human Services issued a revised policy statement applicable to exclusions imposed under Section 1128(b)(7) of the Social Security Act…more

False Claims Act (FCA), New Guidance, OIG, Social Security Act

See All Updates »

Significant Changes for Employers Doing Business in Oregon

Employers should be aware of several recent changes to various employment laws in Oregon. These laws affect how the majority of private employers in Oregon do business…more

Amended Regulation, Ban the Box, Non-Compete Agreements, Social Media Policy, Wage and Hour

See All Updates »

Joint-Employer Status: New NLRB Standards Reset the Stage and Redefine the Players

For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or…more

Best Practices, Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises

See All Updates »

Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)…more

Corporate Counsel, Cybersecurity, DOL, Employer Liability Issues, Executive Compensation

See All Updates »

Five Health Care Developments Important to Employers

Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is set…more

Affordable Care Act, DOL, EEOC, Employer Group Health Plans, Flexible Spending Accounts

See All Updates »

Take 5 Newsletter: 5 Employment Law Considerations in "The Cloud"

What is "the cloud," and what on Earth (pun intended) does cloud computing have to do with employment law? While many definitions abound, cloud computing at its core is a form of remote electronic data storage,…more

Cloud Computing, Data Breach, Data Protection, Electronically Stored Information, HIPAA

See All Updates »

Hospice and Home Health Update: Recent Legislative and Regulatory Efforts Continue to Change the Regulatory Landscape for Hospice and Home Health Providers

October and November 2014 have been marked by several legislative and regulatory efforts impacting the hospice and home health industries: - President Obama signed the Improving Medicare Post-Acute Care Transformation Act…more

CMS, Healthcare, Home Health Agencies, Hospitals, IMPACT Act

See All Updates »

Act Now Advisory: Amendment to New Jersey Law Against Discrimination Provides Protection for Employees Investigating Pay Inequity

A recent amendment to the New Jersey Law Against Discrimination ("NJLAD") prohibits employers from retaliating against employees who request certain information from co-workers regarding their salary, benefits, or other job…more

Anti-Discrimination Policies, Discrimination, Employee Benefits, NLRA, Request For Information

See All Updates »

NIH Issues Proposed Rule Expanding Clinical Trial Registration and Reporting Obligations

On November 21, 2014, the National Institutes of Health (“NIH”) published a notice of proposed rulemaking regarding requirements for clinical trial registration and the reporting of results (“Notice” or “Proposed Rule”). These…more

Clinical Trials, FDA, NIH, Proposed Regulation, Public Health Service Act

See All Updates »

HHS Sets New Requirements to Limit Surprise Medical Bills from Out-of-Network Providers

The U.S. Department of Health and Human Services (“HHS”) recently released a final rule titled “Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017” (“Final Rule”)[1] that sets…more

Affordable Care Act, Final Rules, HHS, Out of Network Provider, Out-of-Pocket Expenses

See All Updates »

OIG Supplemental Advisory Bulletin on Patient Assistance Programs Leaves Open Questions for High-Cost Breakthrough Drugs in Medicare Part D

On May 21, 2014, the Office of the Inspector General ("OIG") of the Department of Health and Human Services issued a Supplemental Special Advisory Bulletin ("Supplemental Bulletin") addressing the risks that Independent Charity…more

Healthcare, HHS, Medicare, Medicare Part D, OIG

See All Updates »

Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

See All Updates »

Vermont Becomes Fifth State to Enact Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law bill H. 187 (“Act”), which will require Vermont employers to provide paid sick leave beginning on January 1, 2017. Vermont has become the fifth state (after…more

Anti-Retaliation Provisions, Collective Bargaining Agreements (CBA), Governor Shumlin, New Legislation, Notice Requirements

See All Updates »

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference…more

Collective Bargaining, FMLA, Governor Cuomo, Minimum Wage, State Budgets

See All Updates »

Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)…more

Corporate Counsel, Cybersecurity, DOL, Employer Liability Issues, Executive Compensation

See All Updates »

HHS Releases Far-Reaching Proposed Rule to Prohibit Discrimination by “Covered Entities” Pursuant to Section 1557 of the Affordable Care Act

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) published a proposed rule titled “Nondiscrimination in Health Programs and Activities” (“Proposed Rule”)[1] to implement the nondiscrimination…more

Affordable Care Act, Covered Entities, Discrimination, Federally Facilitated Exchanges, Health Care Providers

See All Updates »

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

Criminal Background Checks, Cybersecurity, Healthcare Facilities, Home Health Care, Joint Employers

See All Updates »

Second Circuit Adopts “Primary Beneficiary” Test to Determine Whether Interns Fall Outside the Statutory Definition of “Employee”

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal Fair…more

See All Updates »

NLRB Adopts Expedited Election Rules, Effective April 15, 2015

After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election…more

Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions

See All Updates »

Five Evolving Issues Confronting Employers in the Hospitality Industry

As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and the…more

ADA, Affordable Care Act, Benefit Plan Sponsors, Browning-Ferris Industries of California Inc., Cadillac Tax

See All Updates »

Connecticut Passes Two Employment-Related Bills: Pay Secrecy and Workplace Protections for Interns

Bill Barring Pay Secrecy - On July 2, 2015, Governor Dannel P. Malloy signed Public Act 15-196, "An Act Concerning Pay Equity and Fairness” (“Pay Equity Act”), which makes it illegal for Connecticut employers to prohibit…more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Employer Liability Issues, Internships

See All Updates »

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need to…more

Affordable Care Act, Health Care Providers, Healthcare, Home Health Agencies, Home Healthcare Workers

See All Updates »

Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,…more

Bad Faith, Blue Pencil Contract Modification, Confidential Information, Consideration, Corporate Counsel

See All Updates »

Act Now Advisory: Newark, New Jersey, Passes Law Requiring Paid Sick Leave

On January 28, 2014, the City Council of Newark, New Jersey, passed Ordinance 13-2010 ("Ordinance"), making Newark the second city in New Jersey, after Jersey City, to mandate paid sick leave. The Ordinance requires private…more

Employee Rights, Paid Leave, Sick Leave

See All Updates »

New York State Will Provide Paid Family Leave and $15 Minimum Wage

On March 31, 2016, New York State’s governor and legislative leaders announced an agreement on the state’s budget for 2016-2017 (“Budget”). Governor Andrew Cuomo signed the bill enacting the Budget at a press conference…more

Collective Bargaining, FMLA, Governor Cuomo, Minimum Wage, State Budgets

See All Updates »

Five Key Issues Confronting Financial Services Industry Employers

Employers in the financial services industry are faced with a growing number of employment law challenges. Whistleblower complaints are on the rise as regulatory agencies become more aggressive in their efforts to encourage…more

Arbitration, Confidentiality Agreements, Employer Liability Issues, Enforcement Actions, Final Rules

See All Updates »

Ninth Circuit Joins Seventh Circuit in Holding That Successor May Be Liable for Predecessor’s Withdrawal Liability

In Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael’s Floor Covering, Inc., 801 F.3d 1079 (9th Cir. Sept. 11, 2015), the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding…more

Asset Purchaser, ERISA, Multiemployer Pension Plan Amendments Act (MPPAA), Successor Liability, Withdrawal Liability

See All Updates »

New Jersey Arbitration Agreements Should Explicitly Waive the Right to Bring Claims in Court

On October 26, 2015, in the case Barr v. Bishop Rosen & Co., the New Jersey Appellate Division issued its first published decision applying the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group LP to…more

Arbitration, Arbitration Agreements, Collective Bargaining Agreements (CBA), Employment Contract, FINRA

See All Updates »

Ninth Circuit Joins Seventh Circuit in Holding That Successor May Be Liable for Predecessor’s Withdrawal Liability

In Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael’s Floor Covering, Inc., 801 F.3d 1079 (9th Cir. Sept. 11, 2015), the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding…more

Asset Purchaser, ERISA, Multiemployer Pension Plan Amendments Act (MPPAA), Successor Liability, Withdrawal Liability

See All Updates »

FDA Recommends Medical Device Manufacturers Implement a Comprehensive Cybersecurity Risk Management Program in Accordance with NIST Standards

Medical devices increasingly contain software or connect to networks that may leave the devices vulnerable to cyber-attacks. The U.S. Food and Drug Administration (“FDA”) has recognized the potential risks that these…more

Cybersecurity, FDA, Medical Devices, NIST, Premarket Approval Applications

See All Updates »

OIG Proposes New Safe Harbors to the Anti-Kickback Statute and New Exceptions to the Two Civil Monetary Penalty Provisions

On October 3, 2014, the Department of Health and Human Services’ Office of Inspector General (“OIG”) published a proposed rule (“Proposed Rule”) to add new safe harbors to the federal health care program anti-kickback statute…more

Affordable Care Act, Ambulance Providers, Anti-Kickback Statute, CMP Law, Gainsharing

See All Updates »

New Guidance from OCR Emphasizes Individuals’ Right to Access Information

The Health Insurance Portability and Accountability Act (“HIPAA”), subject to certain exceptions, provides individuals with the right to access their personal health information (“PHI”). Recently, the Office for Civil Rights…more

Covered Entities, HIPAA, Information Requests, New Guidance, OCR

See All Updates »

Supreme Court Rules That Providers and Suppliers Cannot Challenge Medicaid Reimbursement Rates in Federal Court

On March 31, 2015, a 5-4 plurality of the Supreme Court of the United States ruled that Medicaid providers do not have a private right of action under the Medicaid statute to challenge reimbursement rates. The Supreme Court’s…more

Appeals, Armstrong v Exceptional Child Center, Health Care Providers, Healthcare, Medi-Cal

See All Updates »

CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the…more

Affordable Care Act, CMS, Final Rules, Medicare, Overpayment Recovery Time Limits

See All Updates »

CMS Issues Final Rule on Covered Outpatient Drugs

On January 21, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule (“Final Rule”) addressing key areas of Medicaid reimbursement for outpatient drugs and changes made to the Medicaid Drug Rebate…more

Affordable Care Act, CMS, Final Rules, Medicaid, Prescription Drugs

See All Updates »

Act Now Advisory: New Obligations Imposed on Federal Government Contractors with OFCCP's Issuance of Final Regulations Covering Veterans

The U.S. Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") issued its much anticipated final regulations regarding the Vietnam Era Veterans Readjustment Assistance Act, as amended, and Section 503 of…more

Affirmative Action, Disability, DOL, Federal Contractors, OFCCP

See All Updates »

Mental Health Parity Final Rule for Medicaid and CHIP: Few Changes from the Proposed Version

On March 30, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published its long-awaited final rule (“Final Medicaid Parity Rule” or “Final Rule”) implementing the Paul Wellstone and Pete Domenici Mental Health Parity…more

Affordable Care Act, CHIP, CMS, Mental Health Parity Rule, MHPAEA

See All Updates »

Legislation to Curb Medicare and Medicaid Fraud Would Increase Cost and Compliance Burdens on Health Care Providers

On March 25, 2015, a bipartisan group of U.S. Senators reintroduced the Preventing and Reducing Improper Medicare and Medicaid Expenditures Act (“PRIME Act” or “Act”) following the lead of the U.S. House of Representatives,…more

Health Care Providers, Healthcare, Healthcare Fraud, Medicaid, Medicare

See All Updates »

Contact

250 Park Avenue
New York, NY 10177, United States

Contact: David McClintock

  • 212-351-4500
  • 212-878-8600

Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Illinois
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • Texas
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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