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The Impact of New York's Profit Caps on Nursing Home Development
Bradley Arant Boult Cummings LLP, December 2021

As we get ready to turn the page to 2022, one hesitates to continue to discuss the COVID-19 pandemic. However, the fallout continues, with fresh ramifications for the long-term care industry. The industry continues to receive heightened scrutiny following the pandemic, and New York's legislative answer to the concerns are set to hit nursing home businesses in New York as of Jan. 1, 2022, with a cap on allowable profits. The impact on capital outlays and acquisitions remains to be seen...

Leveraging Fintechs and Big Data in a Fair Lending Focused 2022
Bradley Arant Boult Cummings LLP, December 2021

[!<CDATA[ Over the past decade, financial technology companies (fintechs) have been on the rise, disrupting all segments of the financial industry. Their innovative technology, swift adaptation to market trends, and ability to create personalized and efficient customer experiences enabled them to reshape the way we look at, use, and provide financial services...

CMS Plans to Regulate Pharmacy Benefit Manager DIR Fees
Dinsmore & Shohl LLP, December 2021

On Dec. 14, 2021, the Centers for Medicare and Medicaid Services (CMS) unexpectedly issued a letter to U.S. Senator Ron Widen (D-OR)[1] indicating that CMS plans to use its “administrative authority to issue proposed rulemaking” addressing price concessions and direct and indirect remuneration (DIR) fees that pharmacy benefit managers (PBMs) have increasingly charged to specialty and retail pharmacy providers in Medicare and other pharmacy benefit programs in recent years...

Ohio Permanently Expands Use of Telehealth Services
Dinsmore & Shohl LLP, December 2021

Prior to the onset of the COVID-19 pandemic, the use of telehealth across Ohio and the United States was steadily increasing. However, out of necessity over the last two years, telehealth has expanded exponentially in order to reduce risks of COVID-19 transmission to practitioners and patients alike. Nearly overnight, the health care community was forced to change the way services were accessed, delivered, and received...

New California Court of Appeal Decision Upholds Decisions Made By County Retirement System During Great Recession
Hanson Bridgett LLP, December 2021

After more than a decade of litigation, three appeals, and a two week bench trial, the Fifth District Court of Appeal (“DCA”) rejected claims by three retired members of a retirement system that a retirement board breached its fiduciary duties of loyalty and prudence to the retirement system’s members...

Regulation of Law on Digital Transformation of the Administration is published
Carey, December 2021

On December 11, 2021, the Regulation of Law No. 21,180 on Digital Transformation of the State (the "Regulation") was published in the Chilean Official Gazette, which introduces important amendments to Law No. 19,880 on Administrative Procedures...

COVID-19 and Prevention of Future Death reports: What do they mean?
Shoosmiths LLP, December 2021

In this article we look at Prevention of Future Death reports (“PFDs”) issued by Coroners in England and Wales – specifically those which have been made in relation to deaths arising from or connected with the COVID-19 pandemic. We assess the significance of the reports and how they may relate to the COVID-19 public inquiry examining the government’s response to the pandemic...

Scottish labour shortage – Where next for employers? Part 2
Shoosmiths LLP, December 2021

Part 1 of this insight focused some of the current immigration routes for consideration by Scottish employers to mitigate the Scottish labour shortage. Part 2 of this insight explores some of the new routes expected to be opened up by Spring 2022. Innovation visas Global Business Mobility Route In spring 2022, the Home office is due to launch the new Global Business Mobility route...

Facebook pivots from facial recognition system following biometric privacy suit; more biometric privacy litigation on the horizon, Westlaw Today
Hunton Andrews Kurth LLP, December 2021

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OIG Report Highlights Focus on Fraud with Genetic Tests
Dinsmore & Shohl LLP, December 2021

On Dec. 21, 2021, the Office of Inspector General (OIG) released a Health & Human Services (HHS) OIG Data Brief on genetic tests provided under Medicare Part B. The goal of the OIG in reviewing this data was “to analyze nationwide trends in genetic tests provided and payments made under Medicare Part B.”[1] As a result of this analysis, the OIG determined that there is a significant risk of overuse and misuse of genetic testing...

Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute
Bradley Arant Boult Cummings LLP, December 2021

In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent...

Retainage – Pay Attention, Mistakes Can be Very Costly
Bradley Arant Boult Cummings LLP, December 2021

Legislation about retainage has become common place as many states have adopted different limitations, requirements, and schemes.  A recent case in Tennessee is a good reminder that you must pay attention to all of the relevant state’s requirements. Failure to do so can be costly.  In Snake Steel, Inc. v. Holladay Construction Group, LLC, the Tennessee Supreme Court recently addressed Tennessee's retainage requirements...

OSHA COVID-19 Vaccine Mandate is Back Following Sixth Circuit Decision
Dinsmore & Shohl LLP, December 2021

On Dec. 17, 2021, the United States Court of Appeals for the Sixth Circuit ended the injunction preventing enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).  The ETS requires that large employers must implement a COVID-19 vaccine mandate or testing protocol...

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay
Schwabe, Williamson & Wyatt, December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace...

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay
Schwabe, Williamson & Wyatt, December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace...

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay
Schwabe, Williamson & Wyatt, December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace...

Sharing of negative user reviews online must be tolerated
Simonsen Vogt Wiig AS, December 2021

The core question of the doctor list case was whether online sharing of user reviews of health professionals on the Norwegian website «Legelisten.no» was necessary to ensure the freedom of expression and the public’s need for information. Furthermore, the Supreme Court had to decide whether those interests outweighed the privacy interests of the persons being reviewed...

On Again; Sixth Circuit Lifts Stay on OSHA COVID-19 ETS
Dykema, December 2021

Late Friday, the United States Court of Appeals for the Sixth Circuit issued an Order and Opinion lifting the stay that previously had been entered by the United States Court of Appeals for the Fifth Circuit which had prevented the OSHA COVID-19 emergency technical standard (the “ETS”) that applied to employers with 100 or more employees from going into effect...

Environmental claims on goods and services – time is running out
Shoosmiths LLP, December 2021

Following the publication of its guidance on environmental claims in September 2021, the Competition & Markets Authority (CMA) will start reviewing potentially misleading claims in January 2022. Enforcement action may follow if claims breach consumer law...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

New Mandatory Notification Regime for Transactions in the UK
Shoosmiths LLP, December 2021

The UK has introduced new legislation that, from 4 January 2022, will require transactions in certain specified sectors to be approved by the UK government before they can be completed. A new regime The UK is introducing a new regime which, from 4 January 2022, will require purchasers to obtain prior approval for transactions in certain specified sectors...

Brexit: One year On
Shoosmiths LLP, December 2021

Led by legal director of immigration, Rachel Harvey and principal associate, Sian Hoare, this webinar provided a post-Brexit recap, outlined general trends and looked at what is on the horizon for immigration law in 2022. Free movement in the UK for all EU citizens ended on 31 December 2020. As a result, there have been significant changes to the UK immigration rules and it looks likely that further changes are still to come in 2022...

 

 

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