ALJ

NJ Assembly Approves Bill Granting Final Decision-Making Power to Office of Administrative Law

by Jill Richardson | Cole Schotz on 5/7/2013

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

NLRB Affirms ALJ On Facebook Firing Case

by Doug Hass | Franczek Radelet P.C. on 5/1/2013

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

CMS Revises Part B Billing Policy for Unnecessary Inpatient Admissions

by Thomas W. Coons, Carel Hedlund | Ober|Kaler on 3/29/2013

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

POM Appeals FTC Final Order Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 3/20/2013

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

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

by Neil S. Goldsmith | Franczek Radelet P.C. on 2/28/2013

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

Annual Report Shows Meteoric Rise in RAC Activity

by Ameena Ashfaq, B. Scott McBride | BakerHostetler on 2/27/2013

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

Administrative Law Judge Affirms Holding on Alabama SRLY Rule

by Christopher Grissom, James Long | Bradley Arant Boult Cummings LLP on 2/26/2013

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

Dealing with RAC Audits and Denials: How Healthcare Providers Can Manage Medicare Recovery Efforts

by Womble Carlyle Sandridge & Rice, PLLC on 2/26/2013

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

Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections

by Olen York III | Dinsmore & Shohl LLP on 2/25/2013

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

Assessment Appeals Commission Holds that Personal Property is Valued at Capitalized Cost

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal | Bradley Arant Boult Cummings LLP on 2/25/2013

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

Recent Administrative Law Notes

by Messer & Caparello, P.A. on 2/22/2013

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

School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent

by S. Diane Beall, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 2/14/2013

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

Investment Management Legal + Regulatory Update -- February 2013

by Luke T. Bagley, Jay G. Baris, Thomas M. Devaney, Kelley A. Howes, Robert E. Putney, III, Isabelle Sajous | Morrison & Foerster LLP on 2/14/2013

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

Payment Matters: No Judicial Review of Contractor’s Finding of a High Payment Error Rate, a Condition for Extrapolation

by Mark A. Stanley | Ober|Kaler on 2/11/2013

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

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

by Scott T. Silverman | Akerman Senterfitt on 2/5/2013

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

NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

by Morgan Lewis on 1/31/2013

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

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

by Jaclyn West | FordHarrison on 1/18/2013

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

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

by Desiree Busching, Lauri Rasnick, Steven Swirsky | Epstein Becker & Green, P.C. on 1/18/2013

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

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