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Healthcare and Government Contractors Beware: False Claims Act’s “Objective Falsity” Requirement Dispute Between Circuits Persists...

Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more

OFAC Issues Advisory on Ransomware Payments

On October 1, 2020, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory regarding the potential sanctions risk for entities that facilitate ransomware payments. OFAC defined “ransomware” as: A form...more

EKRA Guidance for Clinical Laboratories in the Wake of COVID-19 Testing Surge

The U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) and various other federal, state and local government agencies have focused enforcement efforts on the COVID-19 pandemic and are aggressively...more

Temporary Emergency Licensure Changes for Physicians

In light of the increasing demand for physicians essential to combat the ongoing COVID-19 pandemic, Centers for Medicare & Medicaid Services (CMS) has temporarily waived Medicare and Medicaid requirements that physicians be...more

Oversight & the CARES Act – Be Prepared

On March 27, the largest stimulus package in American history, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law by President Trump, which will ultimately inject $2.2 trillion into the...more

Licensed Pharmacists Permitted to Administer COVID-19 Tests

Experts have repeatedly emphasized the importance of increased testing for COVID-19 in an effort to maintain some control over this pandemic. With this goal in mind, on April 8, 2020, the Office of the Assistant Secretary for...more

CMS Updates COVID-19 Guidance As It Relates to EMTALA

On March 30, Centers for Medicare and Medicaid Services ("CMS") updated its guidance previously issued on March 9 regarding a hospital’s ongoing obligations under Emergency Medical Treatment and Labor Act ("EMTALA") amidst...more

Fraud and COVID-19: Law Enforcement is Acting Now

The extent of the impact of the COVID-19 pandemic on the Government’s ability to consistently and aggressively regulate, enforce and prosecute violations of the law during this crisis remains to be seen. Thus far, the...more

CMS Provides Guidance to Hospitals Regarding EMTALA’s Implications Related to COVID-19

On March 9, the Centers for Medicare & Medicaid Services (“CMS”) issued guidance to the hospitals on their obligations under the Emergency Medical Treatment and Labor Act (“EMTALA”) as they relate to the COVID-19 crisis....more

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