Browse By Tags

By Jessica J.O. King The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards the...

By Robert F. Riley It has been over twelve years since the Federal Energy Regulatory Commission (FERC) issued the pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) for generators...

By: Channing J. Martin President Obama unveiled on August 3 what has been billed as the Administration’s biggest initiative yet to regulate carbon emissions. Although the final regulations that form the Clean Power Plan are ostensibly aimed at...

By: Jessica J.O. King The United States Department of Interior’s (DOI) Office of Surface Mining Reclamation and Enforcement has proposed new regulations requiring coal mining companies to protect and restore streams impacted by nearby mining...

By J.P. McGuire Boyd, Jr. & Robert C. Van Arnam “If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating...

By Robert D. Perrow and & J.P. McGuire Boyd Jr. On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line...

By D. Earl Baggett and J. Nelson Wilkinson On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability...

By Brian C. Vick O n April 30, 2014, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule to update payment policies and rates for inpatient hospitals (the “Proposed Rule”) that includes a provision...

By Kelsey S. Farbotko Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused their...

By Brian C. Vick and C. Elizabeth Hall In its March 2014 Compendium of Priority Recommendations (the “Compendium”), the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) identified...

By Brian C. Vick The Office of Inspector General for the U.S. Department of Health and Human Services (“OIG”) included two items in its recently-released 2014 Work Plan indicating a new focus on the quality and safety of compounded pharmaceuticals...

By Mark S. Thomas The U. S. Court of Appeals for the Second Circuit has affirmed a dismissal of claims by two physicians and their medical practice asserting standing under ERISA to enjoin an insurer from removing them from its coverage network. Rojas...

By Marcus C. Hewitt H.H.S’s Office of Inspector General’s yearly work plan was issued on January 31, 2014, which included numerous new and ongoing reviews and activities by OIG for the coming year. Among the new projects, OIG will review...

By Brian C. Vick In the final Medicare Physician Fee Schedule for 2014 (“2014 PFS”), CMS implemented a new condition of payment for “incident to” services that has significant fraud and abuse implications for any Medicare provider...

By: Kelsey S. Farbotko If you are one of the many health care providers wanting to appeal a Medicare contractor’s reimbursement decision, you may need to be prepared for a long wait. Over the last few years, the backlog of appeals to the administrative...