Recently, the FTC and California Department of Financial Protection (DFPI) sued several companies and owners for allegedly operating an illegal mortgage relief operation. This action alleges that the defendants’ conduct violated the California Consumer Financial Protection Law (CCFPL), the FTC Act, the FTC’s Mortgage Assistance Relief Services Rule (the MARS Rule or Regulation O), the
Important Deadline Approaches for California Healthcare Employers to Apply for Worker Retention Payments
On June 30, 2022, Governor Gavin Newsom signed legislation to stabilize and promote the retention of California’s healthcare workforce in response to the COVID-19 pandemic. This response included the allocation of $1.3 billion for retention payments to physicians and other clinical and non-clinical healthcare workers. California’s Department of Health Care Services (“DHCS”) will…
SEC Shifts Focus on Employees’ Off-Channel Business Communications to Investment Advisers
Over the last year, the U.S. Securities and Exchange Commission (“SEC”) has been laser-focused on the use of personal devices by employees of the large Wall Street banks to conduct company business. The SEC’s investigations have focused on whether the banks complied with the “books and records” requirement that they preserve all communications that relate to…
CMS Pushes Publication of Final FFS Adjuster for RADV Audits Rule to February 1, 2023
CMS announced today a further extension until February 1, 2023, of the deadline for its publication of the long-awaited final rule on the use of extrapolation and the application of a fee-for-service adjuster (FFS Adjuster) in risk adjustment data validation (RADV) audits of Medicare Advantage organizations (MAOs).
On November 1, 2018, CMS issued a…
Will Newsom’s Nicety Bill Curb Disruptive Behavior During Public Hearings?
The zeitgeist of pandemic-era American politics has been ugly. Really ugly. In an environment where civil disobedience skews uncivil, how do we balance the quintessentially American freedom of speech with the public participation requirements in the Ralph M. Brown Act (“Brown Act.”)? Senate Bill 1100 provides some guidance.
Effective January 1, 2023, SB 1100 clearly…
How Healthcare Employers Can Prepare for Employee Unionization Efforts
Increasing Unionization Efforts in the U.S. Labor Market and Healthcare Sector
In recent months, the United States has seen workers’ unionization and collective bargaining efforts gain momentum across industries, including healthcare. Current reporting attributes this growth in organized labor activities to the tight labor market, heightened risks to some workers during the pandemic, a favorable…
For US Art Collectors Shopping in the UK, the Dollar’s Strength is Deceiving
The strength of the US dollar against the British pound – at present, the pound has dropped nearly 18% since the beginning of 2022 – would appear to make the purchase of art and other cultural property in the UK and Europe far less expensive for Americans. But the tumultuous state of the world has…
EO 14042 Update 17.0 – Preview of Updated OMB Guidance
In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming? Well, it seems that tomorrow (October 18, 2022) OMB expects the Southern District of Georgia…
California Immediately Expands COVID-19 Supplemental Paid Sick Leave Through 2022
By Neda Hefzi
In February 2022, California enacted Senate Bill (“SB”) 114, which created California Labor Code section 248.6 to provide COVID-19 Supplemental Paid Sick Leave (“CSPSL”) to covered employees. CSPSL was due to expire on September 30, 2022. On September 29, 2022, Governor Gavin Newsom signed Assembly Bill (“AB”) 152, which (1) extends CSPSL through December…
OIG Limits Pharmaceutical Manufacturers’ Ability to Offer Drug Cost-Sharing Subsidies
On October 5, 2022, the Office of Inspector General (“OIG”) posted Advisory Opinion No. 22-19 (the “Opinion”), which limits the ability of pharmaceutical manufacturers to offer cost-sharing subsidies to Medicare Part D (“Part D”) beneficiaries via 501(c)(3) charities without running afoul of the Federal Anti-Kickback Statute (the “AKS”).
In the Opinion, OIG determined that a…
CFPB Supervisory Examinations Find Violations by Student Loan Servicers and University-Owned Lenders
On September 29, the CFPB released a special edition of Supervisory Highlights on student loan servicing practices of loan servicers and schools lending to students directly. The report highlights three notable findings related to transcript-withholding practices: Federal Student Loan transfers, and Federal Student Loan payment relief and cancellation programs:
- Transcript Withholding Findings: As enders
…
Cal/OSHA Continues to Consider Adoption of a COVID-19 Permanent Standard
By Luke Bickel*
On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) met to consider whether to adopt the proposed COVID-19 Permanent Standard (“Permanent Standard”)[1] to replace the current Emergency Temporary Standard, which is due to expire on December 31, 2022. The public hearing resulted in more questions being asked than answered,…
U.S. Congressional Committee Takes Aim at For-Profit Nursing Homes
On September 21, 2022, the Select Subcommittee on the Coronavirus Crisis held public hearings and issued a report assessing the performance of large, for-profit nursing home chains during the early phase of the Coronavirus pandemic. The Subcommittee’s ongoing investigation began in June 2020, and focused on five for-profit nursing home chains that collectively operated over…
EMTALA in the Post-Dobbs World
The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and transfer for patients with emergency medical conditions (EMCs) or women in labor.[1] EMTALA, which was enacted in 1986 to address concerns about patient dumping,…
Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042
With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters.
On Friday, August 26, the 11th Circuit published a 66-page decision affirming the injunction against the Federal Government’s COVID-19 Vaccine Mandate issued by…
What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers
By Lauren Blaes & Molly Brooks
In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the bills that may affect California employers, should Governor Newsom sign them into law.
SB 1162: Pay Data Reporting and…