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Thinking About Expanding Your Business

Posted on November 3, 2017 by
Blog

Flyte Family Farm in Coloma has grown a lot over the years.  Not only has Flyte grown tons of crops, but Flyte has also grown its business, which has expanded to five greenhouses and 3200 acres. Adam Flyte and his wife, Carrie, started their business growing corn, soybeans and fresh vegetables, which they sold at […]

Judge Strikes Down DOL’s Proposed Overtime Rule!

Posted on September 8, 2017 by
Blog

Finally, it appears we have closure on this saga that started over a year ago!  On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the Department of Labor’s new overtime rule, issued a final judgment invalidating the rule.  As you may recall, […]

Enforcing ASC Exclusion Provisions While Minimizing Legal Risk – Rethinking Strict Application of the Safe Harbors to Exclusion Decisions

Posted on March 3, 2017 by
Blog

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others.  Under performing physicians can create political issues in ASCs because investors who perform more surgeries or higher value procedures at the center feel the other investors are taking […]

False Claims Act Basics – Known Overpayment Becomes False Claim

Posted on November 7, 2016 by
Blog

The Federal False Claims Act (“FCA”) provides a very strong enforcement tool to the federal government.  The FCA also provides the opportunity for whistleblowers to bring “qui tam” cases and collect a portion of the recovery where false claims are proved against the federal government. FCA recovery was originally intended to provide a remedy against […]

Provider Self-Disclosure Decisions – Voluntary Disclosure Process

Posted on November 7, 2016 by
Blog

The decision whether or not to voluntarily disclose non-compliance to the government can be very difficult.  Not every case is clear. Clearly not every situation where there has been a billing error amounts to fraud or wrongdoing requiring use of the self-disclosure protocol.  Many overpayments that are identified through audit can be dealt with at […]

Same Loan Application, Only Different

Posted on November 2, 2016 by
Blog

Last month the Bureau of Consumer Financial Protection (CFPB) quietly approved a revised and redesigned Uniform Residential Loan Application (URLA) for 2017 to allow for the collection of more information about the ethnicity and race of loan applicants. With some exceptions, Regulation B § 1002.5(b) generally prohibits a creditor from inquiring about the race, color, […]

Will FinTech Replace Bank Branches?

Posted on November 2, 2016 by
Blog

The automated teller machine revolutionized banking by allowing a depositor to withdrawal money anytime, anyplace without the need of a single bank employee.  FinTech and the increased depositor adoption of banking mobile apps may do the same thing to entire bank branches. A recent survey by the American Bankers Association (ABA) has found that more […]

CMS Releases the First Comprehensive Overhaul of Nursing Home Conditions of Participation in Over 25 Years

Posted on November 2, 2016 by
Blog

On October 4, 2016, the Center for Medicare and Medicaid Services (CMS) published a final rule to revise the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. CMS states that the revisions to nursing home regulations are intended to reflect the substantial advances that have been made in […]

NLRB Signals Code Red at Big Blue: Concludes Walmart’s Dress Code Violates NLRA

Posted on May 6, 2015 by
Blog

As I’ve written in the past, the National Labor Relations Act applies to non-union employers too. I’ve wanted to write about the National Labor Relations Board’s recent “dress code” decision for several days now—however, with the Board’s firestorm of significant decisions [email access, here: National Labor Relations Board is “Not-So-Secret” Santa to Organized Labor – […]

Provider Self Disclosure Process

Posted on May 22, 2014 by
Blog

A growing area of the health care legal practice involves counseling clients on issues that could require self disclosure under OIG or CMS procedures. The Office of Inspector General has procedures that a provider may follow to disclose possible violations of the Anti-Kickback Statute or other federal laws. Providers have the opportunity to avoid much […]