Employer/Employee


Protecting Medical Practices from Physicians’ Sanctions
August 10, 2020 | Rivkin Rounds Staff | Employer/Employee | Litigation | Private Insurers

A recent article in Part B News, “How to craft provider contracts that deal with board sanctions — and protect the practice,” discussed how physician practices can protect themselves against instances in which their doctors get sanctioned by the state medical board. Rivkin Radler’s Chris Kutner was quoted in the article.

Chris pointed out that

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Rivkin Health Attorneys Write the Book on Federal AKS and Safe Harbors
July 10, 2020 | Rivkin Rounds Staff | Electronic Health Records | Employer/Employee | False Claims Act | Fraud and Abuse | Hospitals | Legislation and Public Policy | Litigation | Medical Devices and Wearables | Pharmaceuticals | Private Insurers

Eric Fader, Jeff Kaiser, Chris Kutner, Ada Kozicz and Ben Malerba are authors of the newly released book, “The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide.”

Published by the American Bar Association, the book covers all safe harbors currently in place, as well as the interplay between the Anti-Kickback Statute (AKS) and other

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Wearables Brands Fight for Healthcare Space
June 23, 2020 | Eric D. Fader | COVID-19 | Electronic Health Records | Employer/Employee | Legislation and Public Policy | Medical Devices and Wearables | Telehealth

Manufacturers of activity trackers and smartwatches have been fighting over the “serious” healthcare market for several years. Companies such as Apple (previously discussed here), Fitbit (previously discussed here), and Garmin (previously discussed here) have all announced research partnerships with academic and clinical institutions to expand their businesses from the “exercise and fitness” market into healthcare

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How Will Trump’s Immigration Ban Affect You
April 23, 2020 | Henry M. Mascia | COVID-19 | Employer/Employee | Legislation and Public Policy

After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will

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Seeking a Lifeline: COVID-19 Loans, Advance Payment on Offer
April 16, 2020 | Eric D. Fader | COVID-19 | Employer/Employee | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

An April 13 article in Part B News, “Seeking a lifeline: COVID-19 loans, advance payments on offer, but watch terms,” discussed programs under which healthcare providers can seek financial assistance during the COVID-19 pandemic, including Medicare’s Accelerated and Advance Payment Program and the U.S. Small Business Association’s Paycheck Protection Program (PPP). Rivkin Radler’s Robert Iseman

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Surgeon Sues Health System for ‘Forced Referrals’
April 8, 2020 | Rivkin Rounds Staff | Employer/Employee | False Claims Act | Fraud and Abuse | Hospitals | Litigation

An article in the April issue of Healthcare Risk Management, “Surgeon Sues Health System for ‘Forced Referrals’,” discussed a whistleblower lawsuit filed against a Florida health system. Rivkin Radler’s Geoffrey Kaiser was quoted in the article.

Jeff pointed out that if a surgeon is an employee of a health system, requiring him to refer his

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CARES Act: Paycheck Protection Program Briefing
April 6, 2020 | Rivkin Rounds Staff | COVID-19 | Employer/Employee | Legislation and Public Policy

On April 6, Rivkin Radler’s Robert Iseman presented a COVID-19 Business Briefing on the Paycheck Protection Program that was created under the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Administered by the U.S. Small Business Administration, the Paycheck Protection Program will make up to $349 billion in loans available to small businesses that

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New Law Allows Coronavirus Leave for Employees
March 30, 2020 | Rivkin Rounds Staff | COVID-19 | Employer/Employee | Legislation and Public Policy

The Families First Coronavirus Response Act (FFCRA), signed into law on March 18, provides for the right to two different types of leave: “public health emergency leave” under a section of the FFCRA called the Emergency Family and Medical Leave Expansion Act, and paid sick time under a section of the FFCRA called the Emergency

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Mass. Court: EHR Software Not Discriminatory
February 6, 2020 | Eric D. Fader | Electronic Health Records | Employer/Employee | Hospitals | Litigation

On January 31, a federal court in Massachusetts dismissed a lawsuit brought by the National Federation of the Blind (NFB) against Epic Systems Inc., that claimed that Epic’s electronic health records (EHR) software discriminates against blind hospital employees. The NFB had sued Epic on behalf of NFB members who allegedly suffered adverse employment actions because

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CMS Issues Final Rule to Improve PACE Program for Frail and Elderly
June 5, 2019 | Ada Janocinska | Employer/Employee | Home Health | Legislation and Public Policy | Medicare and Medicaid | Pharmaceuticals

On May 28, the Centers for Medicare and Medicaid Services (CMS) issued a final rule to improve and modernize the Programs of All-Inclusive Care for the Elderly (PACE). The rule is the first major change to the program since 2006. CMS expects that the changes will help incorporate current best practices in the care rendered

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