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Retaliation Health Care Providers

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q2 2024

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In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and...more

Oberheiden P.C.

A Handy Guide for Healthcare Whistleblowers

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The healthcare industry relies heavily on whistleblowers to bring fraudulent conduct and other forms of waste and abuse to the attention of regulators, law enforcement, and the public in general. If you have found signs of...more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

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Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

Health Care Compliance Association (HCCA)

‘You Don't Have to Take It’: Keep OCR Happy, Use Legal Means to Combat Online Comments

Report on Patient Privacy Volume 23, no 8 (August 2023) The allegation was shocking and, if true, would devastate the orthopedic surgeon’s reputation. An online commenter accused him of operating on the wrong arm or...more

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

Genova Burns LLC

An Ounce of Prevention is Worth a Pound of Cure: Employer Escapes Liability in FFCRA COVID Litigation

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​​​​​​​America may be moving forward from the COVID-19 pandemic, but employers continue to deal with its aftermath as they face lawsuits alleging violations under the Families First Coronavirus Response Act (FFCRA). On July...more

Proskauer - Whistleblower Defense

Florida District Court Limits Scope of Protected Activity under the FCA

On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer...more

Fisher Phillips

The Top 18 Workplace Law Stories from March 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Nelson Mullins Riley & Scarborough LLP

[Virtual Event] 2022 Central Florida Health Law Forum - April 28th, 11:00 am - 7:00 pm EDT

Please join Nelson Mullins Riley & Scarborough for the 2022 Central Florida Health Law Forum. This year, the event will be offered in-person or virtually and will include networking opportunities and a series of educational...more

Bass, Berry & Sims PLC

Trio of False Claims Act Retaliation Rulings from September

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The False Claims Act (FCA) prohibits employers from retaliating against whistleblowers who report FCA violations. 31 U.S.C. § 3730(h). To plead a claim under this anti-retaliation provision of the FCA, an employee must show...more

Dorsey & Whitney LLP

Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

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Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...more

Epstein Becker & Green

Podcast: Whistleblowing, Retaliation Risks Are On the Rise for Health Care Employers - Diagnosing Health Care

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Since the start of the COVID-19 pandemic, many jurisdictions have enacted protections from COVID-19-related liability claims through legislation and executive orders. These liability shields, however, may give health care...more

U.S. Equal Employment Opportunity Commission...

EEOC and Hennepin Healthcare System Agree to Settle Class Discrimination Investigation

Federal Agency Works with Healthcare Provider to Eliminate Policy Which Affected Older Practitioners - MINNEAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) today announced it has reached a settlement with...more

Rumberger | Kirk

Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation

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In a recent decision by the Fifth District Court of Appeal, the court held that the proper causation standard in retaliation claims brought under Florida’s Private Whistleblower Act (“FWA”) is but-for causation. This...more

Sheppard Mullin Richter & Hampton LLP

New Employment Laws to Look Out for in 2021

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws...more

Jackson Lewis P.C.

Philadelphia: Public Health Emergency Leave; Healthcare Worker Pandemic Pay, Benefits

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Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA), are entitled to paid sick leave benefits under the new public health emergency leave bill...more

Fisher Phillips

Caregiver COVID-19 Workplace Litigation Begins To Emerge

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Many companies were left struggling to quickly understand and comply with the Families First Coronavirus Response Act when it went into effect earlier this year. As more and more employees continue to request leave under the...more

K&L Gates LLP

Massachusetts Issues Updated Paid Family and Medical Leave Regulations

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The Massachusetts Department of Family and Medical Leave (DFML) recently published the final version of the amended Massachusetts Paid Family and Medical Leave (PFML) regulations. These regulations modify the original PFML...more

Fisher Phillips

Reconsidering Religious Accommodations In Light Of The Pandemic

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With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

Bass, Berry & Sims PLC

Eighth Circuit Affirms Dismissal of Kickback Case

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On June 25, the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal with prejudice of a qui tam False Claims Act (FCA) suit alleging certain physician compensation arrangements at Trinity Health violated the...more

Kelley Drye & Warren LLP

Not What The Doctor Ordered – A New Whistleblower Law for NY Healthcare Employers

Here’s the scenario – Your Ambulatory Clinic just reopened in May, and since then one of the RN’s, let’s call her Rita, has been late multiple times, and is often on her phone when she should be working. When she was called...more

Epstein Becker & Green

Health Care Employers Face Reopening Challenges - Employment Law This Week®

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In this Trending News video from Employment Law This Week®, attorney Denise Dadika examines the unique challenges health care employers face as they ramp business back up and reopen for both patients and employees. Visit our...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

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With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

Foley & Lardner LLP

Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?

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Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more

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