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May 2013 Archives

Client Alert - EEOC Settles First GINA Case

On May 7, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it settled the first lawsuit it filed under the Genetic Information Nondiscrimination Act (GINA). The employer agreed to pay $50,000 and furnish other relief to settle the case in which the EEOC alleged violations of GINA and the Americans with Disabilities Act (ADA). The case is a reminder that employers should be familiar with and incorporate available safe harbors into their policies and practices.

OIG Clarification on Medicare Exclusion Process

On May 8, 2013, the Office of Inspector General ("OIG") issued an Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs. Previously, the only official guidance from OIG on the scope and effect of its exclusion from participation was published in its 1999 Special Advisory Bulletin, which the Updated Bulletin replaces and supersedes. An OIG exclusion is a legal prohibition on payment by Federal health care programs, such as Medicare and Medicaid, for items or services furnished by (1) an excluded person or (2) at the medical direction or on the prescription of an excluded person. This prohibition extends beyond direct patient care and reaches administrative and management services payable by Federal health care programs.

Client Alert - Court of Appeals Strikes Down NLRB Posting Requirements

On May 7, 2013, a federal appeals court in Washington, D.C. struck down the August 2011 National Labor Relations Board (NLRB) rule requiring companies to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). We have drafted a Client Alert.pdf regarding the decision.

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