News & Analysis as of

Federal Contractors Mental Health

Health Care Compliance Association (HCCA)

‘Waking Up With Panic Attacks’: NIH 15% Plan Caps Tumultuous Weeks Under New Administration

If NIH succeeds in imposing an across-the-board indirect cost rate of 15%, rough estimates indicate the University of Michigan could lose $119 million a year. Emory University could be down $75 million. For the University of...more

Proskauer - Government Contractor Compliance...

OFCCP Revised Voluntary Self-Identification of Disability Form Approved

On April 25, 2023, the Office of Management and Budget (OMB) approved OFCCP’s revised Voluntary Self-Identification of Disability Form (CC-305). OFCCP states the form was revised in order to “update the preferred language for...more

Mitratech Holdings, Inc

Shining a Spotlight on Improving and Supporting Mental Health in the Workplace

May is Mental Health Awareness Month – and it’s an ideal time to review your programs that support your employees’ mental health as well as protect employees with mental health conditions and psychiatric disabilities from...more

Foley & Lardner LLP

The VA Mission Act of 2018 and Potential Opportunities for Providers

Foley & Lardner LLP on

After a concerted effort, the bipartisan bill to reform the way care is delivered to Veterans has been signed into law. While there are a number of significant reforms, perhaps none are so critical as those related to the...more

Foley & Lardner LLP

Paid Sick Leave Laws are Sweeping the Country: Are You in Compliance?

Foley & Lardner LLP on

Paid sick leave, like paid family leave, is one example of an employment law issue where states are acting without waiting for the federal government. While former President Obama issued an Executive Order establishing paid...more

Alston & Bird

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

Farrell Fritz, P.C.

“Implied Certification” Theory Allowed Under the False Claims Act

Farrell Fritz, P.C. on

The Supreme Court recently allowed liability through the implied certification theory of the False Claims Act (FCA), which was raised and upheld in Universal Health Services, Inc. v. United States ex rel. Escobar. The...more

Burr & Forman

The Materiality Standard In False Claims Actions

Burr & Forman on

The Supreme Court decided Universal Health Services v. U.S. ex rel. Escobar on June 16, 2016 in which it ruled the implied false certification theory, previously recognized in several circuits, can form the basis for False...more

Troutman Pepper Locke

Materiality Is the New Condition of Payment: The Implied False Certification Theory After Escobar

Troutman Pepper Locke on

The Supreme Court has made it clear that, even at the pleadings stage, relators (or the government) must plead facts to support materiality with plausibility and particularity. For False Claims Act (FCA) defendants who...more

Proskauer - Government Contractor Compliance...

OFCCP Settles Sex Discrimination Claims With Mental Health Provider

The Office of Federal Contractor Compliance Programs (“OFCCP”) recently settled a case involving allegations of gender discrimination with federal contractor, Integris Mental Health (“Integris”).  As part of the settlement,...more

McAfee & Taft

Supreme Court ruling potentially expands false claims liability for healthcare providers

McAfee & Taft on

In a much-anticipated decision, the U.S. Supreme Court ruled recently that the implied false certification theory may form the basis for liability under the False Claims Act (FCA), resolving a split of among the federal...more

Polsinelli

Supreme Court Rejects Government's FCA Implied Certification Theory

Polsinelli on

The Supreme Court of the United States in Universal Health Services, Inc. v. Escobar et al., weighed in on and embraced the implied certification theory of liability within the False Claims Act (FCA)....more

Littler

Supreme Court Endorses FCA Implied False Certification Theory of Liability with Limitations

Littler on

In a unanimous decision, the U.S. Supreme Court issued its highly anticipated False Claims Act (“FCA”) opinion in Universal Health Services, Inc. v. United States ex rel. Escobar. The June 16, 2016, Court decision resolves a...more

Skadden, Arps, Slate, Meagher & Flom LLP

"In Escobar, Supreme Court Upholds False Claims Act’s Implied Certification Theory"

On June 16, 2016, the U.S. Supreme Court in Universal Health Services v. United States ex rel. Escobar unanimously upheld the implied certification theory of False Claims Act (FCA) liability. The Court ruled that a party can...more

Mintz - Health Care Viewpoints

The Supreme Court Adopts Broad Scope of False Claims Act Liability

A unanimous Supreme Court issued its long-awaited and closely watched decision today on the scope of the False Claims Act (“FCA”), and the Court affirmed the FCA’s long reach. Universal Health Services, Inc. v. United States...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Two Cents? Employment Law In The News

I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news...more

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