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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…


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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…


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COMPLIANCE

Massachusetts practice busted for taking free POCT cups from Millennium

Case: A northern Massachusetts medical practice and Detroit pain clinic became the latest downstream providers to…


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BLOG

5 essential steps to ensure an effective HIPAA program

By Danika Brinda  bio
HIPAA Compliance is a term that is often thrown around the healthcare industry; however, I commonly ask myself: Is the meaning of HIPAA Compliance the same throughout the…


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MEDICATION DISPOSAL

New EPA laws ban flushing of opioids & other hazardous pharmaceuticals

On Aug. 21, a new federal rule took effect banning labs and other healthcare facilities from flushing hazardous waste pharmaceuticals into the…


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