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  • Article

    Billing For Absent Teaching Physician In Surgery Was Material Ground For FCA Violation

    In United States ex rel. Wollman v. General Hosp. Corp., No. 1:15-cv-11890-ADB, 2019 WL 2501669 (D. Mass. June 17, 2019), the district court ruled that a relator's claims that a hospital
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    California Sherman Law Regulations Of Labeling Not Pre-Empted

    In In re Trader Joe's Tuna Litigation, plaintiffs sued under California's Sherman Law and New York's General Business Laws after they concluded that Trader Joe's tuna cans are allegedly underfilled and underweight.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    CMS Payment-Deduction Policy Enjoined Until APA Satisfied

    In Tennessee Hosp. Ass'n v. Azar, 908 F. 3d 1029, (6th Cir. 2018), the court of appeals ruled that CMS' payment-deduction policy directing states to deduct Medicare
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    Meat Exporter Had No Duty Under FCA To Pay For Beef Inspection

    In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed dismissal of the qui tam relator's lawsuit against his former employer ...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    OIG Reports That CMS Has Inadequate System For Identifying SNF Abuse

    The OIG published a memorandum indicating that it identified 134 Medicare beneficiaries with injuries that may have resulted from abuse or neglect occurring from Jan. 1...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    Patients Fail To State Claim For Reimbursement Of Medical Expenses Related To Kickbacks

    In S.B. v. Tenet Healthcare Corp., No. 17-141-2, 2018 WL 1836029 (11th Cir. April 18, 2018) (per curiam), the Eleventh Circuit affirmed dismissal of S.B.'s complaint for fraud, negligent misrepresentation ...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    Pending Florida Bill Will Expand The Eligibility For Clinic Medical Directors

    Under Florida law, healthcare clinics are required to appoint a medical or clinic director who is responsible for the day-to-day supervision of the clinic.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    U.S. Supreme Court Vindicates Religious Hospitals' Church Plans

    Without dissent, the U.S. Supreme Court ruled in Advocate Health Care Network v. Stapleton, Case Nos. 16-74, 16-86, and 16-258, 581 U.S. __ (2017)...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    FEC Increases Certain Campaign Contribution Limits For 2019-2020

    On Feb. 7, 2019, the Federal Election Commission (FEC) increased certain federal campaign contribution limits.
    United StatesGovernment, Public Sector
    Holland & Knight
    Holland & Knight
  • Article

    Omnibus Spending Bill Contains Political Law Items Related To 501(c)(4)s, Government Contractors And Publicly Traded Companies

    The FY 16 Omnibus Appropriations bill, which will fund the federal government for the balance of the current fiscal year, contains the following provisions:
    United StatesGovernment, Public Sector
    Holland & Knight
    Holland & Knight
  • Article

    Political Compliance Corner: Important Dates To Remember In 2014

    Along with the State of the Union, January 2014 will also bring a number of important compliance filing deadlines, including two Lobbying Disclosure Act ("LDA") reports (a form LD-2 for the first quarter, and a form LD-203 semi-annual report) and a year-end report to the Federal Election Commission for federal campaigns and political committees.
    United StatesGovernment, Public Sector
    Holland & Knight
    Holland & Knight
  • Article

    DTPA Claim Against Air Ambulance Service Federally Pre-Empted

    In Ferrell v. Air Evac EMS, Inc., 900 F.3d 602 (8th Cir. 2018), a patient brought a putative class action in state court against an air ambulance provider,
    United StatesLitigation, Mediation & Arbitration
    Holland & Knight
    Holland & Knight
  • Article

    Mandatory Arbitration Waived By Delay And Method Of Soliciting Agreement

    In Degigio v. Crazy Horse Saloon and Restaurant, Inc., No. 17-1145, 2018 WL 456905 (4th Cir. Jan. 18, 2018), the court refused to compel arbitration of the plaintiff's FLSA ...
    United StatesLitigation, Mediation & Arbitration
    Holland & Knight
    Holland & Knight
  • Article

    Banks Fail To State Tort Claims Against Grocer For Credit Card Data Breach

    In Community Bank of Trenton v. Schnuck Markets, Inc., 887 F. 3d 803 (7th Cir. 2018), the court of appeals affirmed the district court's dismissal of credit card issuing bank claims ...
    United StatesPrivacy
    Holland & Knight
    Holland & Knight
  • Article

    D.C. Council Adopts 2 New Laws Impacting Construction

    The first law, known as the Protecting Adjacent and Adjoining Property Owners from Construction Damage Amendment Act of 2024 (D.C. Law 25-243)...
    United StatesReal Estate and Construction
    Holland & Knight
    Holland & Knight
  • Article

    Executive Order: Keeping Americans Safe In Aviation

    This executive order suspends all diversity, equity and inclusion (DEI) initiatives, including those pertaining to recruitment and hiring, within the U.S.
    United StatesTransport
    Holland & Knight
    Holland & Knight
  • Article

    NBAA Article Explains IRS Stance On Entertainment Disallowance For Sole Proprietors

    This CCA explains that the entertainment disallowance allocation rules applicable to flights on employer-provided aircraft do not apply to flights on aircraft operated by a sole proprietorship.
    United StatesTransport
    Holland & Knight
    Holland & Knight
  • Article

    DOE Funding Pause Update: Week 4

    The U.S. Department of Energy (DOE) on Feb. 12, 2025, announced a $782 million first advance under a $1.67 billion loan guarantee for the development of sustainable aviation fuel from the Loan Programs Office (LPO).
    United StatesEnergy and Natural Resources
    Holland & Knight
    Holland & Knight
  • Article

    North Carolina Removes Prior Review Requirement For Dental Management Agreements

    North Carolina has eliminated its longstanding requirement for advance board review of dental management arrangements between dental practices and dental support organizations. While this change streamlines transactions and reduces administrative burdens, the underlying compliance framework remains intact, and the State Board of Dental Examiners retains full authority to investigate and enforce the Dental Practice Act.
    United StatesFinance and Banking
    Holland & Knight
    Holland & Knight
  • Article

    Treasury, IRS Rules Affirm Tribal Sovereignty On Business Structuring And GWE Benefits

    The U.S. Department of the Treasury and IRS on Dec. 15, 2025, issued final regulations providing long-awaited guidance for Tribes on the critical topics of 1) the tax treatment of entities...
    United StatesGovernment, Public Sector
    Holland & Knight
    Holland & Knight

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