A federal district court in the Middle District of Florida issued a decision on Sept. 30th that threatens the federal government’s continued reliance on the False Claims Act (“FCA”) as the most powerful weapon in the Department of Justice’s enforcement arsenal. U.S. District Judge Kathryn Kimball Mizelle threw out a case against a group of Medicare
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Update: Governor Newsom Vetoes California’s AB 3129 Targeting Healthcare Private Equity Deals
On September 28, 2024, Governor Newsom vetoed Assembly Bill No. 3129 (AB 3129), which would have required private equity groups and hedge funds to obtain the Attorney General’s written consent at least 90 days prior to acquisitions or changes of control of certain health care facilities, provider groups, and other providers. More information on the…
Healthcare Needs More Hackers: A Discussion with Ilona Cohen
Ethical hackers are becoming crucial allies in the battle against healthcare data breaches and ransomware attacks. In the twelfth episode of Sheppard Mullin’s Health-e Law Podcast, Ilona Cohen, Chief Legal Officer and Chief Policy Officer of HackerOne, delved into the pressing issue of cybersecurity in the healthcare sector and the pivotal role that ethical hacking…
California Joins Colorado in the Brain Wave Action
California’s governor has signed an amendment to CCPA, the state’s well-known privacy law. While California was the first to pass a “comprehensive” privacy law, it is the second -with this new amendment- to include “neural data” to the definition of sensitive personal information. It follows Colorado, which added this information to its law earlier this…
Revised Schedule 13g Filing Deadlines Effective as of September 30, 2024 – What You Need to Know
On October 10, 2023, the SEC adopted amendments to the rules governing beneficial ownership reporting on Schedules 13D and 13G. While compliance with the amendments to the rules governing beneficial ownership reporting on Schedule 13D went into effect on February 5, 2024, compliance with the revised Schedule 13G filing deadlines set forth below are…
Government Contractors Beware: The Trap of the Unintended Agency-Level Protest and Timeliness Implications
One forum to raise a protest against the award of a contract is at the agency responsible for the procurement, pursuant to the procedures set forth in Federal Acquisition Regulation (“FAR”) 33.103. The procedures require that a protester submit a protest to the agency that details the legal and factual grounds for the protest; describes…
Keep Your Eyes on the Size: Small Business Size Protests
While most contractors think of the Government Accountability Office and Court of Federal Claims (or even the agency) when considering whether to challenge a government contract award, there are additional options for small business set-asides – small business size and status protests. The government, recognizing the importance of small businesses to the American economy,…
Comment Period Now Open for OSHA’s Proposed National Heat Injury and Illness Prevention Standard
On the heels of California’s new indoor heat illness prevention standard becoming effective, the federal Occupational Safety and Health Administration (“OSHA”) announced a proposed national heat and injury illness prevention standard (“Proposed Rule”). The Proposed Rule covers indoor and outdoor workplaces where the heat index reaches 80°F or higher. Employers who wish to submit comments on the…
CMS Releases First Annual Evaluation Report for Kidney Care Choices Model
CMS recently published the First Annual Evaluation Report (the “Report”) highlighting its most significant observations in the first year following implementation of the Kidney Care Choices Model (the “KCC Model”). By way of background, the KCC Model is a payment model which creates certain incentives for providers that are intended to improve care management for…
CFPB Revises Disclosure Requirements for Remittance Providers
On September 20, the CFPB announced a proposed rule which would make a minor yet noteworthy amendment to the guidelines for the disclosures that remittance providers are required to provide to consumers in connection with certain international money transfers, or remittances.…