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Compliance Tool: Model In-Office Phlebotomist Agreement

The following Model Agreement between a referring physician and a testing lab was created by Savannah, GA, lab compliance attorney Adam Walters and structured to minimize kickback liability risks to each party in accordance with the OIG 1994 Special Fraud Alert, which remains the definitive source of federal guidance on the subject. Speak to your attorney about adapting the model for your own use.

Five reasons you need an employee handbook

By Julie Ellison bio For many employers, the idea of creating an Employee Handbook is overwhelming.  But the importance of having one should outweigh that hesitancy given the peace of mind it can provide you while you are busy running your law firm or business. An Employee Handbook is your roadmap for what your employees can expect from you and what you expect from your employees.  It should be simple, straightforward and relevant.  Not having one in place can create huge headaches that are completely avoidable. Here are five good reasons to have an employee handbook: 1. Handbooks Set Employee Expectations Handbooks allow you to clearly set forth everything from job responsibilities to disciplinary procedures, thus keeping employee expectations consistent with the employer. Experience teaches us that employees are willing to… . . . read more.

TOOL: Model Employee Illness/Injury Reporting Policy

The OSHA Recordkeeping Standard requires you to record and potentially report work-related illnesses and injuries. Reporting of illnesses and injuries is also crucial to investigating, identifying and correcting problems that can lead to further incidents and OSHA violations. So, it’s crucial to establish a policy and procedure for workers to report workplace injuries and illnesses. You can adapt this Model Policy to ensure prompt and proper reporting of workplace injuries and illnesses.

Employment Law Update

New overtime rule now in effect

By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, or $35,568 annually. The change marks the first increase in the minimum salary level to take effect in more than 15 years. It is expected to bring overtime eligibility to over a million employees who are ineligible under the current threshold. Although the DOL released a final rule raising the salary level in 2016, the rule was blocked by a federal district court and… . . . read more.

ENFORCEMENT

Feds Take Down $2.1 Billion Medicare Genetic Test Fraud Scheme

You know that a branch of lab testing has gone from fad to mainstream when it becomes the subject of a major federal enforcement takedown. Accordingly, the newly announced breakup of a $2.1 billion genetic billing fraud scam, one of the largest Medicare frauds ever undertaken, signifies that genetic testing has officially arrived. Operation Double Helix Known as Operation Double Helix, this landmark investigation and prosecution was a joint HHS, DOJ and FBI crackdown carried out in five federal districts against 35 defendants associated with genetic testing labs (CGx) and telemedicine companies, including doctors, CFOs and CEOs that allegedly “capitalized on the fears of elderly Americans to induce them to sign up for unnecessary or non-existent cancer screening tests,” according to one of the U.S. Attorneys involved. Old Wine in… . . . read more.

HIPAA compliance with document management

By Andreas Rivera bio Recordkeeping can be one of the most stressful aspects of running a healthcare business since privacy compliance is scrutinized in healthcare more than any other industry. Anyone with experience in the healthcare industry knows that violating HIPAA comes with steep penalties. It’s a constant anxiety to make sure your records are being stored in an appropriate manner, with all the security and privacy requirements being met for each new record added. Even if you’re being diligent with how you file your paperwork, having physical paper exacerbates the possibility of human error occurring. Most of the time, the most common HIPAA violations usually occur without the facility realizing it. Here are a few common HIPAA violations when it comes to electronic data storage. Insufficient or lack of… . . . read more.

Department of Labor enters final stage of update to ‘regular rate’ rule under FLSA

By Mike O’Brien  bio Department of Labor enters final stage of update to ‘regular rate’ rule under FLSA. As we have discussed previously in these updates, the Department of Labor has been working to update the definition of “regular rate” of pay under the Fair Labor Standards Act. The regular rate is used to calculate overtime pay. The rule has not been updated in half a century, and fails to capture the realities of the modern workplace. The DOL recognized this, and has now proposed a final rule to the White House Office of Management and Budget. Although the details are not yet publicly available, prior versions of the rule clarified that forms of compensation like tuition reimbursement, employee discounts, employer-provided gym costs, wellness programs, and certain other benefits are… . . . read more.

LEAVES OF ABSENCE

How to manage maternity or leaves of absence

Employee leaves of absence for maternity or medical reasons can be tricky to navigate and can place heavy staffing and…


. . . read more

BLOG

Immigration, salary threshold, LGBTQ discrimination, emojis and more

By Mike O’Brien  bio
Administration (SSA) just announced its plan to mail a second set of “no-match letters” to employers this fall. These notices request…


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BLOG

Salary threshold increases getting review

By Mike O’Brien  bio
DOL sends proposed FLSA salary threshold increases to OMB for final review…


. . . read more


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