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7th Circuit Confirms Dismissal of Pharmacy Kickback Suit But Allows Whistleblower Retaliation Claim to Proceed

In United States, et al., ex rel. Grenadyor v. Ukranian Village Pharmacy, the Seventh Circuit recently confirmed the dismissal with prejudice of a False Claims Act (FCA) action based on the relator’s failure to plead with particularity the circumstances constituting three alleged types of fraud, as required by the Federal Rules of Civil Procedure.1 However, the court remanded the case to the district court to proceed on the relator’s retaliation claim that did not require the same level of detail.  A person violates the FCA if he “knowingly presents, or causes to...

U.S.'s Largest Nurses Union to Stage Nationwide Protests to Demand Tougher Ebola Safety Measures

On October 30, 2014, the National Nurses United (NNU) announced that nurses across the country will protest on November 12 to demand tougher Ebola protections.  Specifically, nurses from California to Maine will hold strikes in 12 U.S. states and the District of Columbia, highlighted by a massive two-day strike of 18,000 nurses at 66 healthcare facilities in California.  NNU anticipates protests will be conducted in many other states as it is ratcheting up its efforts to contact nurses across the country to participate. NNU’s Executive Director RoseAnn Demoro said,...

7th Circuit: Physician Denied Leave and Terminated Not 'Employee' Under Federal Discrimination Laws

In a recent victory for a medical practice, the U.S. Court of Appeals for the Seventh Circuit affirmed the lower court's decision that a physician partner in a Wisconsin medical practice was an employer not subject to the protections afforded to employees under the  Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973 or Title VII of the 1964 Civil Rights Act.  Bluestein v. Cent. Wis. Anesthesiology, S.C., 2014 U.S. App. LEXIS 19760, No. 13-3724 (7th Cir. Oct. 15, 2014).  The plaintiff doctor in this case was injured in a kayaking accident and...

Response to Ebola Concerns – Guidance for U.S. Workplaces

With the diagnosis of yet another case of Ebola virus disease in the United States, and the lack of formal travel restrictions, many employers – particularly those in the healthcare industry – are left wondering how they should react to the very real concerns of their employees, patients and customers about the potential for transmission of this disease by those traveling to and from West Africa. The Equal Employment Opportunity Commission's limitations on questions and examinations related to personal medical conditions further confound employer responses. Finally, the...

California Expands Training and Staffing Requirements for Assisted Living Facilities and Enacts Workplace Safety Bill to Address Violence in Hospitals

California recently enacted two laws that expand the training and staffing requirements for assisted living facilities in the state and another measure that requires hospitals to implement a workplace violence prevention plan.  Assisted Living BillsAssembly Bill 1570 requires applicants who seek to work in an assisted living facility to attend an 80-hour certification program and pass a 100-question examination administered by the state.  The certification program and examination focus on certain core topics such as the physical and psychosocial needs of elderly residents,...

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Format: 2014-12-22
Format: 2014-12-22