Epstein Becker Green

250 Park Avenue
New York, NY 10177, United States

Contact: David McClintock

  • 212-351-4500
  • 212-878-8600

Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize Micro-Bargaining Units

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for unions…more

Bargaining Units, Corporate Counsel, Macy's, NLRA, NLRB

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CMS Scaled Back Changes to the Medicare Part D Prescription Drug and Medicare Advantage Programs, but Some Important Revisions Remain

On May 19, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule ("Final Rule") completing changes to the Medicare Program's outpatient prescription drug benefit ("Part D") program and the Medicare…more

CMS, Disclosure Requirements, Final Rules, Medicaid, Medicare

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Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's…more

Background Checks, Best Management Practices, Criminal Background Checks, Discipline, Employer Liability Issues

See All Updates »

Medicare's Proposed Home Health Rule for 2015: CMS Suggests Only Limited Relief to the Face-to-Face Encounter Documentation Requirements but Continued Compliance Burdens on Home Health Agencies

On July 7, 2014, the Centers for Medicare & Medicaid Services ("CMS") published proposed changes to the Medicare Home Health Prospective Payment System ("HH PPS") for calendar year 2015 ("Proposed Rule"). The Proposed Rule would…more

Affordable Care Act, CMS, Healthcare, HHS, Home Health Agencies

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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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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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FDA Seeks Public Comment on Revised Draft Guidance for Industry: Distributing Scientific and Medical Publications on Unapproved New Uses—Recommended Practices

On March 3, 2014, the U.S. Food and Drug Administration ("FDA") made available for comment a revised draft of its "Guidance for Industry: Distributing Scientific and Medical Publications on Unapproved New Uses—Recommended…more

Drug Approvals, Drug Manufacturers, FDA, Medical Devices, Prescription Drugs

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Proposed Pilot Program: Business Corporations to Operate New York Hospitals

There is a potentially significant development in New York with respect to the ownership and operation of hospitals in the State. On January 25, 2013, Governor Andrew Cuomo proposed comprehensive budget legislation for 2013-2014…more

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Major Changes in Drug Compounding and Drug Distribution Requirements (Part 1 of 2)

On September 28, 2013, the U.S. House of Representatives passed the Drug Quality and Security Act (H.R. 3204). The bill is compromise legislation crafted by the Senate Health, Education, Labor, and Pension ("HELP") and House…more

Drug Compounding, Drug Distribution, Drug Manufacturers, FDA, FDCA

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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

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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 »

HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more

Affordable Care Act, Appeals, Barack Obama, Employer Mandates, En Banc Review

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HEAL Advisory: New COBRA Model Notices and Coordination with Marketplace Enrollment

On May 2, 2014, the U.S. Departments of Labor and Health and Human Services published a series of guidance and model notices clarifying the provision of health insurance to recently terminated employees. The Department of Labor…more

Affordable Care Act, COBRA, DOL, Employee Rights, Employer Mandates

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OIG Unveils Updated Self-Disclosure Protocol

In 1998, the Department of Health and Human Services' Office of Inspector General ("OIG") published the Self-Disclosure Protocol ("SDP"), which provides a mechanism through which health care providers may voluntarily report to…more

Anti-Kickback Statute, Civil Monetary Penalty, Disclosure Requirements, Eligibility, OIG

See All Updates »

Act Now Advisory: New Jersey Enacts Leave Law for Victims of Domestic Violence

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (S-2177) ("SAFE Act") will go into effect, providing unpaid job-protected leave for victims of domestic violence and sexual assault…more

Chris Christie, Crime Victims, Domestic Violence, New Legislation, SAFE Act

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Benefits Litigation Update - Summer 2014

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to Decide…more

Affordable Care Act, Burwell v Hobby Lobby, CIGNA v Amara, Class Action, Employer Mandates

See All Updates »

More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration ("FDA") continued to outline its expectations for pharmaceutical and medical device manufacturer use of social media platforms to promote manufacturers' products in two new…more

Advertising, Biotechnology, FDA, Healthcare, Life Sciences

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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

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HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more

Affordable Care Act, Appeals, Barack Obama, Employer Mandates, En Banc Review

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Act Now Advisory: As Defendant, Obama Administration Takes Narrower View of Whistleblower Protections Than as Enforcer - Will This Facilitate Litigation Success for Private Employers?

Employers attempting to manage corporate compliance programs while balancing privacy concerns and whistleblower protections might find a certain irony, perhaps empathy, in the Obama administration's recent petition for U.S…more

CFTC, Confidentiality Agreements, Dodd-Frank, Lawson v FMR, NTSA

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Supreme Court Declines to Opine on Circuit Split Over Rule 9(b) Pleading Requirements for FCA Claims

On March 31, 2014, in U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, the Supreme Court of the United States declined to review a decision by the U.S. Court of Appeals for the Fourth Circuit upholding a district…more

Certiorari, Dismissals, False Claims Act, Healthcare Fraud, Medicare

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Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,…more

ADA, Class Action, Disability, Discrimination, DOL

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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, Cloud-Based Services, Data Breach, Data Protection, Electronically Stored Information

See All Updates »

HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more

Affordable Care Act, Appeals, Barack Obama, Employer Mandates, En Banc Review

See All Updates »

Recent District Court Case Highlights State Variation in Applying Corporate Practice of Medicine and Global Billing Restrictions to MRI Providers

On March 25, 2014, the U.S. District Court for the District of Minnesota held that a magnetic resonance imaging ("MRI") provider, a lay entity (i.e., not owned or controlled by physicians), did not violate the state's…more

Billing, Diagnostic Imaging Services, Diagnostic Tests, Healthcare, MRI

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CMS Requests Comments on the Dispute Resolution Process Associated with the Physician Payment Sunshine Act

On May 5, 2014, the Centers for Medicare & Medicaid Services ("CMS") announced an opportunity to submit comments on the dispute resolution and correction procedures proposed in the final rule on the Open Payments reporting…more

Affordable Care Act, CMS, GPOs, Hospitals, Physician Medicare Reimbursements

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Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are…more

Affordable Care Act, Corporate Counsel, Employee Definition, Employee Handbooks, Employer Liability Issues

See All Updates »

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

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 »

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

See All Updates »

Act Now Advisory: Unpaid Interns in New York State Continue to Gain Protections Under Anti-Discrimination Laws

On July 22, 2014, Governor Andrew Cuomo signed an amendment to the New York State Human Rights Law ("NYSHRL"), adding a section relating to discriminatory practices against unpaid interns. The amendment, which gives unpaid…more

Discrimination, Employer Liability Issues, Hiring & Firing, New Amendments, Unpaid Interns

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Act Now Advisory: Massachusetts Passes Comprehensive Domestic Workers Law

On June 26, 2014, Massachusetts became the fourth state to pass a law designed to provide protections to domestic workers, which include nannies, housekeepers, caretakers of individuals in the home, and home companions. The…more

Domestic Workers, Employee Definition, Employer Liability Issues, Proposed Regulation

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CMS's Final Exchange and Insurance Market Standards Impact Qualified Health Plan Filings for 2015 and Beyond

On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond" ("Final Rule")…more

Affordable Care Act, CCIIO, CMS, Employer Mandates, Federally Facilitated Exchanges

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CMS's Final Exchange and Insurance Market Standards Impact Qualified Health Plan Filings for 2015 and Beyond

On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond" ("Final Rule")…more

Affordable Care Act, CCIIO, CMS, Employer Mandates, Federally Facilitated Exchanges

See All Updates »

HEAL Advisory: Recent Decision Casts More Uncertainty Over New York Executive Order 38's Cap on Executive Compensation

With so many questions surrounding the implementation of the New York State ("NYS" or "State") Governor's Executive Order 38 cap on executive compensation (and administrative expenses), most stakeholders expected clarification…more

Executive Compensation, Executive Orders, Salary Caps

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Act Now Advisory: Employer Posting Requirements Under New Jersey Law

The list of notices that New Jersey employers are required to post grew this year. Accordingly, with 2013 coming to a close, New Jersey employers may find it useful to review the notification requirements relating to employees'…more

Posting Requirements

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Medicare's Proposed Home Health Rule for 2015: CMS Suggests Only Limited Relief to the Face-to-Face Encounter Documentation Requirements but Continued Compliance Burdens on Home Health Agencies

On July 7, 2014, the Centers for Medicare & Medicaid Services ("CMS") published proposed changes to the Medicare Home Health Prospective Payment System ("HH PPS") for calendar year 2015 ("Proposed Rule"). The Proposed Rule would…more

Affordable Care Act, CMS, Healthcare, HHS, Home Health Agencies

See All Updates »

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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CMS's Final Exchange and Insurance Market Standards Impact Qualified Health Plan Filings for 2015 and Beyond

On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond" ("Final Rule")…more

Affordable Care Act, CCIIO, CMS, Employer Mandates, Federally Facilitated Exchanges

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 »

DC Circuit Strongly Reaffirms the Applicability of the Attorney-Client Privilege to Internal Compliance Investigations

Especially in the District of Columbia Circuit, the home base for many fraud cases in which the government is opposed to health care providers and defense contractors, there had been considerable doubt that the attorney-client…more

Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root

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Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's…more

Background Checks, Best Management Practices, Criminal Background Checks, Discipline, Employer Liability Issues

See All Updates »

Act Now Advisory: Reminder: Newark's Paid Sick Leave Ordinance Took Effect on Saturday, June 21

On June 21, 2014, the Newark, New Jersey, paid sick leave ordinance ("Ordinance") took effect. The Ordinance, which we summarized in a previous Act Now Advisory, imposes notice and posting requirements on employers…more

Employee Rights, Paid Leave, Sick Leave

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Take 5 Newsletter: Five Hot Topics for Financial Services Industry Employers

The economy may be improving, but challenges remain for employers in the financial services industry. From ever-increasing whistleblower claims to new diversity and inclusion regulations and recent IRS determinations affecting…more

CFTC, Compliance, Dodd-Frank, Employee Rights, IRS

See All Updates »

Benefits Litigation Update - Summer 2014

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to Decide…more

Affordable Care Act, Burwell v Hobby Lobby, CIGNA v Amara, Class Action, Employer Mandates

See All Updates »

CMS's Final Exchange and Insurance Market Standards Impact Qualified Health Plan Filings for 2015 and Beyond

On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond" ("Final Rule")…more

Affordable Care Act, CCIIO, CMS, Employer Mandates, Federally Facilitated Exchanges

See All Updates »

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

See All Updates »

OMHA's Medicare Appellant Forum Offers Few Meaningful Answers for Frustrated Medicare Providers and Suppliers

On February 12, 2014, the Office of Medicare Hearings and Appeals ("OMHA") hosted a Medicare Appellant Forum ("Forum") to address its current backlog of appeals. OMHA is responsible for hearings before Administrative Law Judges…more

CMS, MACs, Medicare, QIC, Recovery Audit Contractor

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Act Now Advisory: Unpaid Interns in New York State Continue to Gain Protections Under Anti-Discrimination Laws

On July 22, 2014, Governor Andrew Cuomo signed an amendment to the New York State Human Rights Law ("NYSHRL"), adding a section relating to discriminatory practices against unpaid interns. The amendment, which gives unpaid…more

Discrimination, Employer Liability Issues, Hiring & Firing, New Amendments, Unpaid Interns

See All Updates »

FSMB Releases Revised Draft Framework for Interstate Physician Licensure

One of the largest hurdles to the growth of telehealth—the lack of a streamlined process for obtaining physician licensure in multiple states—is one step closer to being scaled. The Federation of State Medical Boards ("FSMB")…more

FSMB, Interstate Compacts, Physicians, Policy Drafting, Professional License

See All Updates »

HEAL Advisory: Recent Decision Casts More Uncertainty Over New York Executive Order 38's Cap on Executive Compensation

With so many questions surrounding the implementation of the New York State ("NYS" or "State") Governor's Executive Order 38 cap on executive compensation (and administrative expenses), most stakeholders expected clarification…more

Executive Compensation, Executive Orders, Salary Caps

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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

See All Updates »

HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more

Affordable Care Act, Appeals, Barack Obama, Employer Mandates, En Banc Review

See All Updates »

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

See All Updates »

OIG Unveils Updated Self-Disclosure Protocol

In 1998, the Department of Health and Human Services' Office of Inspector General ("OIG") published the Self-Disclosure Protocol ("SDP"), which provides a mechanism through which health care providers may voluntarily report to…more

Anti-Kickback Statute, Civil Monetary Penalty, Disclosure Requirements, Eligibility, OIG

See All Updates »

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are…more

Affordable Care Act, Corporate Counsel, Employee Definition, Employee Handbooks, Employer Liability Issues

See All Updates »

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

See All Updates »

Act Now Advisory: The EEOC Is Scrutinizing Separation Agreements: Does Yours Hold Up?

In its "Strategic Enforcement Plan for FY 2013-2016," the federal Equal Employment Opportunity Commission ("EEOC" or "Agency") identifies "Preserving Access to the Legal System" as one of its six core priorities. The Agency…more

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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

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Act Now Advisory: New Jersey's Ban-the-Box Legislation Is Signed Into Law

On August 11, 2014, New Jersey Governor Chris Christie signed into law statewide ban-the-box legislation, formally titled "The Opportunity to Compete Act" ("Act"). The Act becomes effective on March 1, 2015. Overall, the Act is…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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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

See All Updates »

Benefits Litigation Update - Summer 2014

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to Decide…more

Affordable Care Act, Burwell v Hobby Lobby, CIGNA v Amara, Class Action, Employer Mandates

See All Updates »

FSMB Releases Revised Draft Framework for Interstate Physician Licensure

One of the largest hurdles to the growth of telehealth—the lack of a streamlined process for obtaining physician licensure in multiple states—is one step closer to being scaled. The Federation of State Medical Boards ("FSMB")…more

FSMB, Interstate Compacts, Physicians, Policy Drafting, Professional License

See All Updates »

Act Now Advisory: San Francisco's Fair Chance Ordinance - New Workplace Law Regulates Criminal Background Inquiries

This last month, San Francisco joined several cities and states by adopting "ban the box" legislation called the Fair Chance Ordinance ("Ordinance"), which limits the timing and scope of inquiries into an applicant's or…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Job Applicants

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Take 5 Newsletter: Five Documents That Financial Services Employers Should Revisit Now

With summer here, including its long days and blazing heat, many thoughts may turn to beaches, sunshine, and lazy afternoons. The summer may also be a good time for employers—especially those in the financial services sector—to…more

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Take 5 Newsletter: California's Leave Laws Could Potentially Create the Perfect Storm for Employers

National employers often find it challenging to navigate the employment laws of the various states in which they do business. In most cases, the easiest solution may be to adopt national policies that follow federal law. This…more

CFRA, Compliance, Employee Rights, Employer Liability Issues, FEHA

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 »

DC Circuit Strongly Reaffirms the Applicability of the Attorney-Client Privilege to Internal Compliance Investigations

Especially in the District of Columbia Circuit, the home base for many fraud cases in which the government is opposed to health care providers and defense contractors, there had been considerable doubt that the attorney-client…more

Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root

See All Updates »

Act Now Advisory: Unions Swim Against the Tide as Pension Issues Surface for Negotiations and Organizing

Contributions to multiemployer defined benefit pension plans have been a mainstay, legacy feature of union negotiations in many industries. But the fabric of such staples may be tearing apart as employers contemplate the…more

Beneficiaries, Defined Benefit Plans, Due Diligence, Employer Contributions, Employer Liability Issues

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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, Cloud-Based Services, Data Breach, Data Protection, Electronically Stored Information

See All Updates »

Medicare's Proposed Home Health Rule for 2015: CMS Suggests Only Limited Relief to the Face-to-Face Encounter Documentation Requirements but Continued Compliance Burdens on Home Health Agencies

On July 7, 2014, the Centers for Medicare & Medicaid Services ("CMS") published proposed changes to the Medicare Home Health Prospective Payment System ("HH PPS") for calendar year 2015 ("Proposed Rule"). The Proposed Rule would…more

Affordable Care Act, CMS, Healthcare, HHS, Home Health Agencies

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 »

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS Code…more

ADA, Affordable Care Act, Barack Obama, Civil Monetary Penalty, Cybersecurity

See All Updates »

Recent District Court Case Highlights State Variation in Applying Corporate Practice of Medicine and Global Billing Restrictions to MRI Providers

On March 25, 2014, the U.S. District Court for the District of Minnesota held that a magnetic resonance imaging ("MRI") provider, a lay entity (i.e., not owned or controlled by physicians), did not violate the state's…more

Billing, Diagnostic Imaging Services, Diagnostic Tests, Healthcare, MRI

See All Updates »

HEALTH REFORM: New York Issues "Invitation to Participate in the New York Health Benefit Exchange," Clarifying Application Process and State Requirements

The New York Department of Health's Office of the New York Health Benefit Exchange issued the long-awaited "Invitation to Participate in the New York Health Benefit Exchange" (the "Invitation") on January 31, 2013. The…more

Affordable Care Act, Consumer Operated and Oriented Plans, Health Insurance Exchanges, Healthcare, Qualified Health Plans

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 »

Act Now Advisory: Unpaid Interns in New York State Continue to Gain Protections Under Anti-Discrimination Laws

On July 22, 2014, Governor Andrew Cuomo signed an amendment to the New York State Human Rights Law ("NYSHRL"), adding a section relating to discriminatory practices against unpaid interns. The amendment, which gives unpaid…more

Discrimination, Employer Liability Issues, Hiring & Firing, New Amendments, Unpaid Interns

See All Updates »

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

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

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Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS Code…more

ADA, Affordable Care Act, Barack Obama, Civil Monetary Penalty, Cybersecurity

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Supreme Court Declines to Opine on Circuit Split Over Rule 9(b) Pleading Requirements for FCA Claims

On March 31, 2014, in U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, the Supreme Court of the United States declined to review a decision by the U.S. Court of Appeals for the Fourth Circuit upholding a district…more

Certiorari, Dismissals, False Claims Act, Healthcare Fraud, Medicare

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HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more

Affordable Care Act, Appeals, Barack Obama, Employer Mandates, En Banc Review

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Act Now Advisory: San Francisco's Fair Chance Ordinance - New Workplace Law Regulates Criminal Background Inquiries

This last month, San Francisco joined several cities and states by adopting "ban the box" legislation called the Fair Chance Ordinance ("Ordinance"), which limits the timing and scope of inquiries into an applicant's or…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Job Applicants

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Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize Micro-Bargaining Units

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for unions…more

Bargaining Units, Corporate Counsel, Macy's, NLRA, NLRB

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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

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Act Now Advisory: Amendments to the District of Columbia's Accrued Sick and Safe Leave Act of 2008

Since 2008, the District of Columbia's Accrued Sick and Safe Leave Act ("ASSLA") has required D.C. employers to provide employees with paid leave (i) to care for themselves or their family members, and (ii) for work absences…more

Accrued Benefits, Crime Victims, Domestic Violence, Employee Benefits, Sick Leave

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Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's…more

Background Checks, Best Management Practices, Criminal Background Checks, Discipline, Employer Liability Issues

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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

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Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize Micro-Bargaining Units

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for unions…more

Bargaining Units, Corporate Counsel, Macy's, NLRA, NLRB

See All Updates »

More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration ("FDA") continued to outline its expectations for pharmaceutical and medical device manufacturer use of social media platforms to promote manufacturers' products in two new…more

Advertising, Biotechnology, FDA, Healthcare, Life Sciences

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HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more

Affordable Care Act, Appeals, Barack Obama, Employer Mandates, En Banc Review

See All Updates »

Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's…more

Background Checks, Best Management Practices, Criminal Background Checks, Discipline, Employer Liability Issues

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Major Changes in Drug Compounding and Drug Distribution Requirements (Part 1 of 2)

On September 28, 2013, the U.S. House of Representatives passed the Drug Quality and Security Act (H.R. 3204). The bill is compromise legislation crafted by the Senate Health, Education, Labor, and Pension ("HELP") and House…more

Drug Compounding, Drug Distribution, Drug Manufacturers, FDA, FDCA

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

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

Civil Monetary Penalty, Exclusions, Healthcare, OIG, Self-Disclosure Requirements

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Take 5 Newsletter: Five New Challenges Facing Retail Employers

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. 1. Pregnancy Accommodation - Several states and municipalities across…more

Contract Drafting, Cybersecurity, EEOC, Hiring & Firing, Pregnancy

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CMS Requests Comments on the Dispute Resolution Process Associated with the Physician Payment Sunshine Act

On May 5, 2014, the Centers for Medicare & Medicaid Services ("CMS") announced an opportunity to submit comments on the dispute resolution and correction procedures proposed in the final rule on the Open Payments reporting…more

Affordable Care Act, CMS, GPOs, Hospitals, Physician Medicare Reimbursements

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More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration ("FDA") continued to outline its expectations for pharmaceutical and medical device manufacturer use of social media platforms to promote manufacturers' products in two new…more

Advertising, Biotechnology, FDA, Healthcare, Life Sciences

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 »

More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration ("FDA") continued to outline its expectations for pharmaceutical and medical device manufacturer use of social media platforms to promote manufacturers' products in two new…more

Advertising, Biotechnology, FDA, Healthcare, Life Sciences

See All Updates »

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