New DOL Rule Codifies Independent Contractor Test

January 20, 2021

  The United States Department of Labor (“DOL”) finalized a rule aimed to clarify the standard for whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”).  The minimum wage, overtime, and other worker protections in the FLSA only apply to employees, not independent contractors.  This regulatory guidance …

Paid Time Off And Tax Relief Updates Under Pandemic Relief Package

On December 27, 2020, a $900 billion dollar pandemic relief package was signed into law.  The relief package, among other things, impacts provisions of the Families First Coronavirus Response Act (“FFCRA”), which was set to expire on December 31, 2020.  Under the FFCRA, employers with fewer than 500 employees were required to provide their employees …

New OIG Opinion Permits FQHC to Offer Gift Cards to Patients

January 6, 2021

The Office of Inspector General (“OIG”) posted OIG Advisory Opinion 20-08 on Tuesday, December 30, 2020. The Opinion permits an FQHC to offer $20 gift cards to incentivize pediatric patients who have missed two (2) or more previously scheduled preventative and early intervention care appointments within the previous six (6) months. We note that this …

OIG Issues Important New And Revised Safe Harbors Under The Federal Anti-Kickback Statute – Part 2

December 21, 2020

  As we previously reported, the United States Department of Health and Human Services Office of Inspector General (“OIG”) recently issued an important final rule (the “Final Rule”) that makes significant changes to existing “Safe Harbors” under the Federal Anti-kickback Statue (“AKS”) and that adds new Safe Harbors that provide protection from AKS sanctions for …

OIG Issues Important New And Revised Safe Harbors

December 11, 2020

The United States Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) recently issued an important final rule (the “Final Rule”) that makes significant changes to existing “Safe Harbors” under the Federal Anti-kickback Statue (“AKS”) and that adds new Safe Harbors that provide protection from AKS sanctions for certain types of arrangements.  …