In an effort to streamline administrative law hearings, the New Jersey Assembly recently approved a bill granting the Office of Administrative Law final agency decision-making power in certain contested state agency cases,...more
As we have discussed in several previous alerts, the National Labor Relations Board continues to pursue complaints against employers related to an expanding realm of policies and social media activity. In another recent...more
For many years, CMS policy has been that, if an inpatient admission was denied for medical necessity reasons, the hospital could bill under Part B for only a limited set of services that, significantly, did not include...more
As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more
Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more
On February 5, 2013, CMS issued its mandatory Recovery Audit Contractor (RAC or Recovery Auditor) program annual report, detailing overpayments, underpayments, RAC performance and savings to the Medicare program. According to...more
On August 15, 2012, Chief Administrative Law Judge Bill Thompson issued his long-awaited SRLY ruling, holding that an Alabama consolidated group was entitled to carry forward certain net operating losses (“NOLs”) incurred...more
Executive Summary: Medicare RAC (Recovery Audit Contractor) audits are becoming increasingly aggressive, creating delays in payment for healthcare providers. Certain strategies can help mitigate delays caused by RAC audits...more
In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission...more
The Assessment Appeals Commission (“AAC”) of the Tennessee State Board of Equalization has reversed a 2011 administrative law judge decision, holding that intangible costs (such as freight, installation, engineering costs and...more
The Fourth District Court of Appeal recently held that the due process rights of a party are not violated in the circumstance where the administrative law judge who issued the recommended order was not the same administrative...more
A federal district court found in favor of a school district in a lawsuit filed by a student’s parent under the Individuals with Disabilities Act (“IDEA”) to appeal a decision of an Administrative Law Judge (“ALJ”). The...more
In This Issue:
Regulatory Updates -
FINRA overhaul of communications rules becomes effective and ICI and CoC appeal Rule 4.5 ruling.
Enforcement + Litigation -
Enforcement Division priorities target hedge...more
Before a Medicare contractor can use extrapolation to determine an overpayment amount, the Medicare statute requires that it must make a finding that there is a sustained or high level of payment error or that documented...more
Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more
ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights.
On January 8, an Administrative Law Judge (ALJ) for the National Labor...more
Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more
Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more
In This Issue:
Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds...more
Happy New Year. So much has happened while you spent the holidays undoubtedly velobinding and wrapping the 2012 archives of this blog for your friends and loved ones. So I thought I’d welcome everyone back by updating some...more
Originally published in Thomson Reuters - Securities Regulation Law Journal - Winter 2012.
Faced with the possibility of litigating against the Securities and Exchange Commission (SEC) or the Financial Industry...more
The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly. In a case involving Dish...more
The OIG recently published a report reviewing the implementation of 2005 regulations regarding the administrative law judge (ALJ) level of appeals, the third level of the Medicare appeals system. The 2005 regulatory changes...more
The OIG issued a report on November 15, 2012 (OEI-02-10-00340) in which it concluded that the administrative law judge (ALJ) level of appeal requires improvements in a number of areas due to (i) apparent substantive...more
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