William F. Gould In United States v. Merino, No. 19-50291, 2021 WL 754589 (9th Cir. Feb. 26, 2021), the court of appeals reversed the conviction of Marina Merino of conspiracy to commit healthcare fraud in violation of 18...more
4/15/2021
/ Advisory Opinions ,
Anti-Kickback Statute ,
Appeals ,
Criminal Conspiracy ,
Criminal Convictions ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Jury Trial ,
Jury Verdicts ,
Kickbacks ,
Laboratories ,
Medicare ,
OIG ,
Pharmaceutical Industry ,
Prescription Drugs ,
Reversal ,
TRICARE
The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more
3/26/2021
/ Airlines ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Chamber of Commerce ,
Coronavirus/COVID-19 ,
Customers ,
Health and Safety ,
Israel ,
Private Sector ,
Public Accommodation ,
Restaurant Industry ,
Retailers ,
Risk Management ,
Title III ,
Vaccinations
Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more
3/24/2021
/ Ad Valorem Tax ,
Churches ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Free Speech ,
Hospitals ,
Injunctive Relief ,
Ministerial Exception ,
Property Tax ,
Public Funds ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
School Closures ,
Sex Discrimination ,
Title VII ,
Tuition ,
Vaccinations
Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For example, in Emerald Coast Restaurants, Inc. v. Aspen Specialty Ins. Co., No. 3:20cv5898-TKW-HTC, 2020 WL...more
3/18/2021
/ Article III ,
Business Interruption ,
Coronavirus/COVID-19 ,
Data Breach ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
NLRA ,
NLRB ,
Putative Class Actions ,
Restaurant Industry ,
Standing ,
Unfair Competition ,
Wage and Hour
To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements...more
2/5/2021
/ Anti-Kickback Statute ,
Attorney-Client Privilege ,
Civil Monetary Penalty ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Dismissals ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Medicare ,
PHI ,
Physicians ,
Stark Law ,
WA Supreme Court
The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more
1/15/2021
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Fourth Amendment ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Liability ,
Preemption ,
Public Health Emergency ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Vaccinations
This week, the EEOC approved employers requiring employees to receive COVID-19 vaccination, subject to limitations. How limiting are the limitations? Case law applying them is thin, but generally treats them as narrow. In...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Covered Employees ,
Due Process ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
GINA ,
Infectious Diseases ,
OSHA ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Religious Freedom Restoration Act (RFRA) ,
Title VII ,
Vaccinations ,
Workplace Safety
In Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York...more
12/23/2020
/ Article III ,
Churches ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Freedom of Religion ,
Governor Cuomo ,
Preliminary Injunctions ,
Private Schools ,
Public Funds ,
Public Health Emergency ,
Public Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standing ,
Title VII
The Public Readiness and Emergency Preparedness Act, Public Law 109-148, Div. C, ยง 2 (2005) (PREP Act), as amended, authorizes the Secretary of Health and Human Services (HHS) to limit legal liability for losses relating to...more
Earlier this year, the Office of the National Coordinator for Health Information Technology (ONC) published a final rule (ONC Rule) addressing interoperability, information blocking and patient access to data. The ONC Rule...more
10/20/2020
/ 21st Century Cures Act ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Damages ,
Department of Health and Human Services (HHS) ,
Double Damages ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Information Blocking Rules ,
Kickbacks ,
Medical Devices ,
Medical Records ,
Medicare ,
ONC ,
PACT Act ,
Self-Referral ,
Willful Violations
In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more
10/15/2020
/ Abuse of Discretion ,
Adoption ,
Americans with Disabilities Act (ADA) ,
Child Care ,
Churches ,
Coronavirus/COVID-19 ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Free Speech ,
Governor Cuomo ,
Governor Newsom ,
Hostile Environment ,
Ministerial Exception ,
Religious Institutions ,
Remand ,
Social Distancing ,
Title VII
More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more
10/14/2020
/ Agricultural Sector ,
Antitrust Violations ,
Business Interruption ,
Class Action ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Dismissals ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
FSMA ,
Health Claims ,
NLRA ,
NLRB ,
Notice Requirements ,
OSHA ,
Putative Class Actions ,
Reversal ,
Tip Credit ,
Unfair Competition ,
Wage and Hour
One year's probation is the sentence for a physician who violated the Health Insurance Portability and Accountability Act (HIPAA) and obstructed a criminal investigation in United States v. Luthra, No. 18-1980, 2020 WL...more
Thomas Stephenson Winter ex rel. U.S. v. Gardens Reg'l. Hosp. and Med. Ctr., Inc., 953 F.3d 1108 (9th Cir. 2020), the court of appeals reversed a district court order dismissing the plaintiff's qui tam False Claims Act (FCA)...more
Several recent cases concern challenges to executive orders relating to COVID-19 limiting the ability of churches to assemble and imposing other limitations. Beginning with appellate decisions, these cases are summarized in...more
7/17/2020
/ Abortion ,
Appeals ,
Churches ,
Coronavirus/COVID-19 ,
Executive Orders ,
Fiduciary Duty ,
Free Exercise Clause ,
Governor Cooper ,
Governor Newsom ,
Governor Northam ,
Governor Pritzker ,
Governor Sisolak ,
Health Insurance ,
Injunctions ,
Operators of Essential Services ,
Public Health Emergency ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
SCOTUS ,
Shelter-In-Place ,
South Bay United Pentecostal Church v Newsom ,
Vicarious Liability
The U.S. Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru, Nos. 19-267 and 19-348 (July 8, 2020), that the First Amendment ministerial exception doctrine bars courts from entertaining an age or...more
7/13/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
In Espinoza v. Montana Department of Revenue, No. 18-1195, 2020 WL 3518364 (June 30, 2020), the U.S. Supreme Court ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds...more
7/6/2020
/ Compelling Governmental Interest ,
Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Religious Discrimination ,
Religious Schools ,
Remand ,
Reversal ,
Scholarships ,
SCOTUS ,
State Aid ,
State Constitutions ,
Strict Scrutiny Standard ,
Tuition
Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more
President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) on March 27, 2020, providing $2.2 trillion of emergency appropriations in response to the COVID-19 pandemic. While...more
This Holland & Knight alert aggregates Florida developments and will be updated on a regular basis. Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications...more
The coronavirus (COVID-19) pandemic is adversely affecting faith-based institutions across the world. Mass gatherings of any kind are now temporarily circumscribed or prohibited in the United States and elsewhere. This...more
The COVID-19 pandemic is having an extreme impact on restaurants as well as other food and beverage retailers nationally. This guidance addresses some of their most frequently asked questions. Many states are closing or...more
3/24/2020
/ Alcohol Beverage Control ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Food Service Workers ,
Force Majeure Clause ,
Hospitality Industry ,
Performance Standards ,
Public Health ,
Restaurant Industry ,
Retailers ,
Sick Employees ,
State of Emergency
The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more
3/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Commercial Contracts ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Housing Act (FHA) ,
Family and Medical Leave Act (FMLA) ,
FERPA ,
Force Majeure Clause ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
OSHA ,
PHI ,
Public Accommodation ,
Public Health ,
Quarantine ,
Reporting Requirements ,
Risk Management ,
School Closures ,
Student Privacy ,
Universities ,
Vendors ,
Workers' Compensation Claim
The U.S. Centers for Disease Control and Prevention (CDC) has issued Interim Guidance for Administrators of U.S. Institutions of Higher Education and for K-12 schools and childcare programs, asking them to collaborate and...more
3/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Interim Guidance ,
PHI ,
Public Schools ,
State Health Departments ,
Universities
Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary -
In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Equal Access to Justice Act ,
Fair Labor Standards Act (FLSA) ,
Federal Tort Claims Act (FTCA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Franchises ,
Restaurant Industry ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Wage and Hour ,
Website Accessibility