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
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
On February 26, 2014, the New York City Council ("City Council") voted to expand the City's paid sick leave law, the Earned Sick Time Act ("ESTA"). In a 46-to-5 vote, the City Council passed an amendment to the ESTA requiring…more
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
At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the…more
A significant barrier to the interstate practice of telehealth is closer to being broken down. The Federation of State Medical Boards ("FSMB") recently completed and distributed a draft Interstate Medical Licensure Compact…more
The Advance Notice ("Advance Notice") of Methodological Changes for Calendar Year ("CY") 2015 for Medicare Advantage ("MA") Capitation Rates, Part C and Part D Payment Policies and 2015 Call Letter was released by the Centers…more
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
New York is set to revisit the debate regarding the private ownership of hospitals. On January 21, 2014, Governor Andrew Cuomo released his Executive Budget, which again calls for the implementation of a pilot program ("Pilot…more
On January 10, 2014, the Centers for Medicare & Medicaid Services ("CMS") published a proposed rule ("Proposed Rule") setting forth sweeping changes to the Medicare Program's outpatient prescription drug benefit ("Part D")…more
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
I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 -
As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The…more
On January 24, 2014, in Federal Trade Commission v. St. Luke's Health System, Ltd. & Saltzer Medical Group, P.A., the U.S. District Court for the District of Idaho found that the acquisition of Saltzer Medical Group ("Saltzer")…more
In this issue:
- Will Section 510 of ERISA Restrict Workforce Structuring under the Affordable Care Act?
- A New Threat to Sponsors and Fiduciaries: Equitable Remedies After Amara
- First ERISA Decision From…more
On Inauguration Day, January 21, 2014, Governor Chris Christie signed into law an amendment ("Amendment") to the New Jersey Law Against Discrimination ("LAD") that adds pregnancy as a protected classification. For purposes of…more
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