Health Law Advisor

We are pleased to announce the release of the inaugural edition of the quarterly Benefits Litigation Update (“Update”) - a joint project between Epstein Becker Green and The ERISA Industry Committee (ERIC), a non-profit association committed to representing the advancement of the employee retirement, health, and compensation plans of America’s largest employers.

The Update is a quarterly publication which provides two primary components:

1. a Featured Article addressing a trend or topic currently being discussed in the benefits community which (i) explains why the ...

By: Kara M. Maciel and Matthew Sorensen

Social media has become an increasingly important tool for businesses to market their products and services.  As the use of social media in business continues to grow, companies will face new challenges with respect to the protection of their confidential information and business goodwill, as several recent federal district court decisions demonstrate.   

Christou v. Beatport, LLC (D. Colo. 2012),  Ardis Health, LLC v. Nankivell (S.D. N.Y. 2011), and PhoneDog v. Kravitz (N.D. Cal. 2011) each involved former employees who took the login ...

Written by: Evan Rosen

As we have previously reported on this blog, the National Labor Relations Board (the “Board”) issued a highly controversial rule requiring private employers to post a notice informing employees of their right to join or form a union.  Implementation of the rule has been postponed several times, but was finally set to go into effect on April 30, 2012.

Thankfully, the courts have once again intervened to provide a respite to employers.  Today, the D.C. Circuit Court enjoined implementation of the rule pending an appeal in the underlying case brought against ...

By Julia E. Lloyd and Eric J. Conn

Last week, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) launched a new National Emphasis Program targeting Nursing Homes and Residential Care facilities (“Nursing Home NEP”).  In an accompanying Press Release, OSHA announced that the Nursing Home NEP aims to protect workers from safety and health hazards “common in medical industries.”  Effective upon its announcement and for a three-year period thereafter, the NEP focuses on ergonomic hazards (e.g., strains and sprains from patient  ...

Back in 1996, the Federal Trade Commission and Department of Justice, in providing antitrust guidance for multi-provider networks, considered financial integration and clinical integration as separate pathways for such networks to avoid per se violations of the antitrust laws and, instead, to be treated under the rule of reason, allowing for an assessment of their procompetitive vs. anticompetitive effects. With 65 organizations now participating in Medicare shared savings initiatives, including the 27 Medicare Shared Savings Program participants announced on April 10 ...

Written by: Greta Ravitsky 

A Texas hospital has recently been the subject of much media coverage due to its controversial hiring policy that bars overweight applications from consideration.  Per the hiring policy, which was instituted last year at the Citizens Medical Center in Victoria, the hospital would only consider potential employees with a body mass index of less than 35.  This equates to roughly 210 pounds for someone who is 5’5” tall or 245 pounds for someone 5’10.”  In an interview with the Texas Tribune, the hospital’s CEO defended this policy as catering to its ...

On March 26, 27 and 28, 2012, the Justices of the Supreme Court of the United States (“SCOTUS”) heard oral arguments in a series of cases, including Department of Health and Human Services, et al. v. State of Florida, et al, which addresses the constitutionality of certain provisions of the Patient Protection and Affordable Care Act of 2010 (“PPACA”).  In the three days of testimony, SCOTUS debated whether (1) the Anti-Injunction Act bars a decision until a tax is actually collected under PPACA, (2) the individual mandate to buy health insurance under PPACA is a valid exercise of ...

 Written by:  Stuart M. Gerson

The three days of arguments about the constitutionality of the Patient Protection and Affordable Care Act are complete. The Justices of the Supreme Court of the United States have conducted their post-argument conference and are now turning their attention to the drafting and the discussions that will lead to a majority opinion and, likely, several dissents and concurrences. The Court's decision should be issued before the end of June. Health care companies and employers, like the rest of the population, await the ultimate decision. However, there ...

On March 26, 2012, the U.S. Department of Health & Human Services Office of Inspector General (the “OIG”) published a report summarizing a February 23, 2012roundtable meeting between the OIG and compliance professionals from twenty-three pharmaceutical manufacturers.  The compliance officers and other professionals attending the meeting all represented companies currently operating under Corporate Integrity Agreements (or “CIAs”).  CIAs are generally negotiated between a company and the government in connection with settling various types of federal ...