Retaliation Health Care Providers

News & Analysis as of

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason....more

Mintz Levin Health Care Qui Tam Update: Recent Developments & Unsealed Cases - September 2015

Trends & Analysis - Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

Risky Business: A Three-Step Plan For Addressing Harassment By Nonemployees

Employers have long understood that they face potential liability when an employee is sexually harassed by another employee and they do nothing to prevent or fix the known problem. It is also true, but perhaps less well...more

Provider Fights Back Against Whistleblower's Taking of Provider's Documents

Among the challenges for health care providers facing whistleblower lawsuits is the discovery that a whistleblower has secretly taken the provider’s documents or data. What options are available to the provider? In the recent...more

Provider Alleges Retaliatory Use of Medicare Payment Suspension

A federal court has ordered discovery regarding the circumstances of a Medicare payment suspension by CMS only one week after failed settlement negotiations between a cardiology practice and the Department of Justice (DOJ) to...more

Healthcare Employer Lands in Patient-Privacy Predicament

Healthcare providers are required by law to maintain the privacy of most patient information, and there are good business reasons for medical practices to protect patients’ personal information. In a recent case, a medical...more

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

Ohio Supreme Court Holds that an Actual Report of Suspected Abuse or Neglect to the Ohio Director of Health Is Not Required to...

Rather, employees need only report the suspected abuse or neglect of a nursing home resident to their supervisor, coworker or a resident’s family member ? and not to the Ohio Director of Health ? in order to state a statutory...more

The False Claims Act and the Health Care Industry: 2014 Year in Review

On Nov. 20, 2014, the U.S. Department of Justice (“DOJ”) announced settlements and judgments for False Claims Act (“FCA”) cases totaling $5.7 billion (compared to $3.8 billion in fiscal year 2013), $2.3 billion of which was...more

A former physician assistant student at Lock Haven University sued eight individual defendants (but not the university) after his...

A former physician assistant student at Lock Haven University sued eight individual defendants (but not the university) after his dismissal from the program, alleging civil rights violations. In Weil v. White,...more

Has Eliminating Anonymous Complaints Taken the Air Out of Whistleblowers?

In September 2011, Texas enacted a law prohibiting anonymous complaints to the Texas Medical Board (TMB). Whether the new law has dissuaded people from filing complaints about medical professionals requires further...more

Whistleblower Charges New Mexico Hospital Laboratory Ignored Quality Control Measures

Originally published in BNA’s Health Care Daily Report, 158 HCDR, 08/16/2012. A federal trial judge Aug. 8 unsealed a qui tam whistleblower’s lawsuit alleging that New Mexico based Deming Hospital Corp. submitted...more

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