The Burr Broadcast – Labor and Employment Update
Podcast: Impact of COVID-19 on Pharmacist Scope of Practice: Before and After the PREP Act - Diagnosing Health Care
#WorkforceWednesday: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes - Employment Law This Week®
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
COVID Laboratory Testing Investigations
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
HIPAA Tips With Williams Mullen - COVID Health Information and HIPAA – Do You Know the Rules?
Looking back at 2021 and ahead to 2022
Legally Qualified: What Employers Need to Know about COVID-19 Vaccination Requirements and Testing
#WorkforceWednesday: SCOTUS OSHA Decision Reactions and the Impact of New COVID-19 Benefits on Employers - Employment Law This Week®
#WorkforceWednesday: SCOTUS Decides on Vaccine Rules, Companies Can Still Require Vaccination, Restrictive Covenants in CO - Employment Law This Week®
Employment Law Now VI-110 - End of the OSHA ETS? Supreme Court Re-Issues A Stay
What will SCOTUS Decide on the OSHA ETS and CMS Vaccine and Testing Mandates?
#WorkforceWednesday: SCOTUS Considers Federal Vaccine Mandates, CDC Shortens Quarantine Periods, Definition of "Fully Vaccinated" - Employment Law This Week®
Discussion on Legal and Practical Issues
Update and Discussion on Practical and Legal Issues - NYS Paid Sick Leave, NYC Employment Law Update, New Whistleblower Law, COVID19
#WorkforceWednesday: Year in Review and a Look Ahead to 2022 - Employment Law This Week®
Employment Law Now V-109- BREAKING: OSHA ETS Stay is Lifted and Can Be Enforced Again
#WorkforceWednesday: Update on Federal COVID-19 Vaccine Rules and NY and NYC Vaccine Mandates - Employment Law This Week®
In June 2025, the Department of Justice (DOJ) announced its 2025 National Health Care Fraud Takedown, marking the largest coordinated healthcare fraud enforcement action in DOJ history. The sweep included charges against a...more
Robert Clark of Pompano Beach, Florida recently pleaded guilty to his role in a Medicare fraud scheme. Clark and his co-conspirators purchased Medicare Beneficiary Identification numbers unlawfully and then billed Medicare...more
On February 26, David Weathers of the Bronx pleaded guilty in federal court in New Jersey for his role in a COVID-19 kickback conspiracy. The government had charged Weathers with soliciting kickbacks in return for referrals...more
Recently, Holland & Knight healthcare attorneys have received questions as to whether the Eliminating Kickback in Recovery Act (EKRA) is still in effect, given the recent expiration of many provisions of the Substance...more
A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal...more
In its August 15, 2023, Enforcement listserv notice, the U. S. Department of Health and Human Services Office of Inspector General (“OIG”) published its Work Plan Updates for August. This article will highlight three of the...more
Walgreens Medicaid Fraud Case Kicked Back to Trial Court - On August 15, 2023, the US Court of Appeals for the Fourth Circuit issued an opinion reversing a district judge’s dismissal of False Claims Act (FCA) claims...more
Government Brings FCA Action Against Laboratory Companies - On July 18, 2023, the US Department of Justice (DOJ) announced it has filed a complaint against multiple laboratory companies and their owner, Patrick...more
In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to...more
On February 9, 2023, the U.S. Department of Health and Human Services (“HHS”) announced that the Public Health Emergency (“PHE”) arising from the COVID-19 pandemic, declared under Section 319 of the Public Health Service Act,...more
On January 30, 2023, the Biden administration announced its intention to make final extensions of both the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) through May 11, 2023, at which point...more
On December 19, 2022, OIG released its annual report analyzing Medicare Part B spending on laboratory tests over the past year. According to OIG, Medicare Part B spending on laboratory tests increased 17% from $8.0 billion in...more
The DOJ announced charges against 21 people across nine federal districts for their alleged role in pandemic-related fraud schemes resulting in over $149 million in false billings to federal programs. This is the largest...more
The COVID-19 pandemic has caused an enormous need for testing and has spawned the creation of new labs and specimen collection agencies to (try to) meet that need. In 2020 alone, Medicare spent $1.5 billion on COVID-19 tests....more
Key Takeaways: ..The Rule only applies to Medicare- or Medicaid-certified facilities and their contractors having contact with patients or staff ..The Rule does not apply to school districts receiving Medicare or...more
Lab Owner Pleads Guilty to $6.9 Million Medicare Fraud Scheme Involving Kickbacks and Bribery - On January 13, 2022, the Department of Justice (DOJ) announced that a Florida man pled guilty in the Southern District of...more
On the same day that the United States Supreme Court imposed a stay of enforcement on OSHA’s vaccine mandate for private employers with over 100 employees, the Court ruled that the Centers for Medicare & Medicaid Services...more
On January 13, 2022, a divided Supreme Court vacated the injunctions that applied to CMS's vaccine mandate in 24 states, thereby allowing CMS to enforce its mandates in all states except Texas. ...more
Health care employers are not alone in feeling overwhelmed by the constantly changing legal status of the various federal vaccine mandates. On Thursday afternoon, the Supreme Court made its rulings on two preliminary...more
The United States Supreme Court blocked the Biden administration from implementing and enforcing its OSHA vaccine-or-test requirements for large, private companies, see here. In a 6-3 majority opinion, the Court found that...more
The Biden administration has issued guidance and FAQs on mandatory insurance coverage of OTC COVID-19 testing. Effective January 15, 2022, plans are required to cover 8 individual at-home over-the-counter COVID-19 tests per...more
A national vaccination mandate directed at employers with more than 100 employees became effective 1/10/2022. Although the U.S. Supreme Court has expedited oral arguments regarding judicial stays facing the mandate, the...more
On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more
The CMS vaccine rule -- which applies to the staff of many Medicare- and Medicaid-certified providers such as hospitals, long-term care facilities, home-health agencies, and hospices (“covered entities”), and which has...more