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Medicaid Fraud Control Units Report Focus on Personal Care Services

Posted on June 27, 2017 by

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released a report summarizing activities of State Medicaid Fraud Control Units (MFCUs or Units) for fiscal year 2016.  The OIG is the designated Federal agency for oversight of state MFCUs.  The report found a total of 1,564 convictions of which approximately […]

Free Parking, Yes, But No Stark Law Claim

Posted on June 21, 2017 by

A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute.  In Bingham v. BayCare Health System (No. 8:14-cv-73, M.D. Fla.), a federal district judge adopted the report and recommendation of a […]

Joint Employer Status Rebuffed?

Posted on June 14, 2017 by

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company.  The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]

Forfeitures for Ordinance Violations – When Are They Excessive?

Posted on June 2, 2017 by

An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate.  This often leads to citizen complaints and even health and safety issues. When municipalities take enforcement action against such properties, they usually […]

Protected Employee Must Notify Employer of Need for Time Off

Posted on May 31, 2017 by

A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition.  In a recent decision, the Federal Court Judge held that a Company properly terminated […]

Reminder: New Voluntary Self-Referral Disclosure Effective June 1

Posted on May 31, 2017 by

As discussed in a previous blog, beginning on June 1, 2017, health care providers of services and suppliers wanting to voluntarily disclose actual or potential violations of the Stark Law must follow a new process finalized by CMS.  Previously, health care providers and suppliers were able to submit a self-disclosure of an actual or potential […]

Breaking News-House Passes Comp Time Bill!

Posted on May 23, 2017 by

Some Frequently Asked Questions for the Curious… The House passed a bill named the Working Families Flexibility Act of 2017 earlier this month that, if signed into law, would dramatically change private sector compensation in the United States.  Interested? Keep reading. What is “comp time”?  “Comp time” is the concept of allowing an employee who […]

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

Posted on May 22, 2017 by

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well.  The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039.  In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which […]

OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records

Posted on May 18, 2017 by

The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended.  Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be […]

2018 Health Savings Account Cost of Living Adjustments

Posted on May 8, 2017 by

The Internal Revenue Service on May 5th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2018.  HSA/HDHP Requirement  Cost-of-Living Adjustments  Limit on HSA Contributions – Self-only HDHP  2017 – $3,400  2018 – $3,450  Limit on HSA Contributions – Family HDHP  2017 – […]