News & Analysis as of

Advisory Opinions

OIG issues Advisory Opinion on a Retail Pharmacy’s Paid Membership Program Which Includes Federal Health Care Program...

by Dorsey & Whitney LLP on

On September 7, 2017, the OIG posted an advisory opinion regarding a retail pharmacy chain’s proposal to extend to federal health care program beneficiaries the option to participate in a paid membership program that includes...more

Sale of Fractional Aircraft Shares Not Taxable Under New York Law

by Benesch on

New York’s Department of Taxation and Finance recently released an Advisory Opinion concluding that the sale of fractional aircraft shares are not taxable under state law. New York tax law imposes sales and use tax on retail...more

New OIG Advisory Opinion Allows Waiver of Cost Sharing in Research Studies

The Office of Inspector General (OIG) recently issued Advisory Opinion 17-02, allowing waivers or reductions of cost-sharing amounts owed by financially needy Medicare beneficiaries in connection with certain clinical...more

Steps for Limiting Liability as Local Counsel

by Dentons on

Many litigators have either sought or served as local counsel at least once in their careers. Litigators with national practices may work with local counsel more often than not. Those with niche practices based in specialized...more

EU Court confirms EU competence on wide range of trade areas in opinion on EU-Singapore FTA

by White & Case LLP on

Following the Advocate General's related advisory opinion in December 2016, the Court of Justice of the EU (CJEU) has delivered its Opinion (2/15) on the EU-Singapore FTA. While the Court's Opinion confirms that the EU alone...more

Louisiana Insurance Regulator Confirms Innovator-Friendly Approach to Anti-Rebating

The practice of rebating has long been prohibited in nearly every state across the country. Despite this long-standing and widespread prohibition, the full scope of services that are and are not permissible under each state’s...more

Healthcare Law Update: March 2017

by Holland & Knight LLP on

Enforcement - OIG Issues Advisory Opinion Allowing Free or Reduced-Cost Lodging and Meals - On March 3, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG) issued...more

"CFTC’s Enforcement Division Issues New Advisories on Cooperation"

On January 19, 2017, the U.S. Commodity Futures Trading Commission’s Division of Enforcement issued two new enforcement advisories outlining the factors the division will consider in evaluating cooperation in the agency’s...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Worker Classification in Massachusetts: Uber Drives Attention to Employees vs. Contractors

by Bowditch & Dewey on

Uber Technologies, Inc. continues to fight claims all over the world that it should treat drivers it matches with passengers as employees rather than independent contractors. Since the business of on-demand employment is...more

EU Court's Advocate General delivers opinion on EU-Singapore FTA

by White & Case LLP on

An Advocate General of the Court of Justice of the EU (CJEU) has delivered an advisory opinion on the EU-Singapore FTA. In this opinion – which is non-binding on the Court, but would normally influence its decision – AG...more

OIG Approves Another Medigap/Preferred Hospital Network Arrangement in Advisory Opinion 16-11

by Baker Ober Health Law on

On November 3, 2016, the OIG issued another favorable Advisory Opinion, No. 16–11, regarding an agreement between a Medigap insurer and preferred hospital network. The OIG has issued several opinions regarding similar...more

New Anti-Kickback Safe Harbors

by Roetzel & Andress on

On December 7, 2016, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), issued a final rule creating additional “safe harbors” for the Federal Anti-Kickback Statute (42 USC § 1320a-7b(b) et...more

OIG Still Rejects Lab's Free Labeling Services for Dialysis Facilities in Advisory Opinion No. 16-12

by Baker Ober Health Law on

8 Years and New Reimbursement Methodology Later - On November 28, 2016, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) issued an unfavorable advisory opinion, No. 16-12, regarding a...more

FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations. The Federal...more

Litigation Alert: The FCC Enforcement Bureau Advises That Text Message Senders Must Comply With the Telephone Consumer Protection...

by Fenwick & West LLP on

On November 18, 2016, the Federal Communications Commission (FCC) Enforcement Bureau issued an Advisory declaring that autodialed text messages, also known as robotexts, must comply with the requirements set forth in the...more

OIG Approves Transportation Assistance Program

by Baker Ober Health Law on

On October 3, 2016, the U.S. Department of Health & Human Services, Office of the Inspector General (OIG), issued an advisory opinion approving a local health care district’s proposal to cooperate with another district to...more

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

by Moore & Van Allen PLLC on

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

FINRA Relaxes Rules for M&A and Private Placement Brokers

The SEC has approved a series of FINRA rules that are meant to simplify regulation of firms engaged as M&A brokers and those who conduct other limited activities. While the rules may be simpler, it still looks like a...more

Second Circuit Tosses Gibson Dunn from Lynn Tilton’s Case for Some Reason or Another

by Brooks Pierce on

You may know about Lynn Tilton’s fight with the SEC, which has accused (link is external) the Patriarch Partners chief of defrauding her investors. The SEC brought its case in administrative court (link is external), which...more

New York Issues Two Advisory Opinions Regarding Surplus Lines Insurance

The New York State Department of Taxation and Finance (Department) issued two advisory opinions determining that unauthorized non-life insurance corporations (here, surplus lines insurance companies) are subject to insurance...more

MEPs primed for a comeback?

by Ary Rosenbaum on

My mother would always tell me that fashion is cyclical and that what was popular once will fall out of disfavor and will become popular again. I was a child in the late 1970s and 35+ years later, ruffled dress shirts, velvet...more

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

by Baker Ober Health Law on

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

Yet Again, OIG Approves Medigap Policy Contracts with Preferred Hospital Network

by Baker Ober Health Law on

On March 11, 2016, the U.S. Department of Health & Human Service, Office of the Inspector General (OIG) issued an advisory opinion approving the use of a preferred hospital network as part of Medicare Supplemental Health...more

OIG rules hospital's offer of free transportation, lodging doesn't violate anti-kickback statute

by McAfee & Taft on

The Office of Inspector General of the Department of Health and Human Services recently posted an Advisory Opinion describing a proposed arrangement by an academic medical center that offers free transportation and lodging to...more

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