Ober|Kaler

Understanding the Final Overtime Rule: Is it really that Simple?

According to the U.S. Department of Labor (DOL), the Final Overtime Rule, which is effective on December 1, 2016, simplifies the regulations to make them easier for employees and employers to understand and apply. Really? This…more
| Labor & Employment Law

CMS Announces Plans to Streamline the Stark Self-Referral Disclosure Protocol

On May 6, 2016, CMS published a notice (Notice), required under the Paperwork Reduction Act (PRA), seeking public comment on its plans to revise the information collected under the Medicare Self-referral Disclosure Protocol…more
| Administrative Law, Health

OIG Updates Permissive Exclusion Criteria – Suggests Compliance Programs Are Expected

On April 18th, the Office of Inspector General (OIG) issued updated guidance describing the factors it will consider in determining whether to exercise its permissive authority to exclude individuals and entities from federal…more
| Administrative Law, Government Contracting, Health

Another Medigap/Preferred Hospital Network Arrangement Approved by OIG in Advisory Opinion 16-05

On May 3, 2016, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued another favorable advisory opinion, No. 16-05 [PDF], regarding an agreement between a Medicare Supplemental Health…more
| Health

Is This the Beginning of an End to a Long Controversial Debate on Concurrent Surgeries?

Concurrent Surgeries and National Spotlight According to recent guidelines published by the American College of Surgeons (ACS) as Statements on Principles, concurrent (or simultaneous) surgeries occur when “the critical or…more
| Health

NLRB Slams Hospital for Maintaining Work Rules Prohibiting Employees From Engaging in "Improper Conduct"

Over the past several years, employers have been bombarded with news about the National Labor Relations Board (NLRB) and its ever expanding control over employers’ internal workplace policies. In fact, just a few years ago, the…more
| Health, Labor & Employment Law

DOL Releases Final Overtime Rule Doubling the Salary Exemption Threshold

Recently, and as we predicted in an article published last month (“Approval of the DOL’s Changed to the Overtime Exemption Rules is Imminent”), the U.S. Department of Labor (“DOL”) announced that it will be publicizing its Final…more
| Labor & Employment Law

OSHA Publishes New Electronic Reporting Requirement for Workplace Injuries To "Nudge" Employers to Prevent Such Incidents

In November 2013, in response to a Bureau of Labor Statistics report than an estimated three millions workers were injured on the job in 2012, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA)…more
| Labor & Employment Law

U.S. Department of Labor Issues New Employer's Guide to the FMLA and New FMLA Poster

New: Employer's Guide to the Family and Medical Leave Act - If you are an employer covered by the FMLA, the U.S. Department of Labor has published a new "Employer's Guide to the Family and Medical Leave Act." The guide…more
| Labor & Employment Law

EEOC and Lowe's Settle ADA Leave Accommodation Suit for $8.6 Million

As a follow up to our recent article, Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities Act, the EEOC has scored an $8.6 million dollar settlement…more
| Civil Rights, Labor & Employment Law

Physician Payment: CMS Proposes Quality Payment Program, Advanced APMs, and Merit-Based Incentive Payment System

CMS published its 426 page proposed rule on the Quality Payment Program (QPP) – the successor to oft-maligned Sustainable Growth Rate adjustment – on May 9, 2016. The QPP will adjust physician and mid-level provider…more
| Health

D.C. District Court Resolves Challenge to Medicare's Outlier Payment Rules for Banner Health v. Burwell

On March 31, 2016, Judge Colleen Kollar-Kotelly of the United States District Court for the District of Columbia (the “D.C. District Court”) issued a highly anticipated memorandum opinion settling what will probably be the final…more
| Administrative Law, Health

Maryland Employers May Now Grant a Hiring and Promotion Preference to Veterans

Maryland joins the growing list of states (23 states in the past two years) that have enacted laws giving preference in hiring to honorably discharged veterans. Private employers have been hesitant to favor veterans because of…more
| Civil Rights, Labor & Employment Law, Military Law

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities Act

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according to…more
| Civil Rights, Labor & Employment Law

OIG Approves Another Medigap/Preferred Hospital Network in Advisory Opinion 16-04

On April 18th, the OIG issued a new favorable Advisory Opinion, No. 16–04, regarding an agreement between a Medigap insurer and preferred hospital network. The opinion tracked other, similar opinions in favorably addressing…more
| Health
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Contact

100 Light Street
Baltimore, MD 21202, United States

  • 410.685.1120
  • 410.547.0699

Practice Groups
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
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Locations
Other U.S. Locations
  • D.C.
  • Virginia
Number of Attorneys

100+ Attorneys

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