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Tips and Strategies for Defending Against a DOL Audit

The U.S. Department of Labor (DOL) is the federal agency responsible for enforcing the nation's employment laws. It has broad authority over companies' employment practices, with its jurisdiction covering everything from wages to workplace safety, and from employment discrimination to federal benefit programs. Given the breadth of the DOL's authority,...

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OIG Compliance Program Guidance for Clinical Laboratories

Clinical laboratories have substantial compliance obligations. In addition to general corporate compliance matters and compliance with the laws and regulations enforced by the U.S. Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA), this includes compliance with the standards established by the U.S. Department of Health and Human...

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OIG Compliance Program Guidance for Physician Practices

Whether you are preparing to open your own practice or you have questions or concerns about your existing practice's compliance efforts, you need to make informed decisions when it comes to evaluating your practice's compliance needs. While there are numerous aspects to compliance for physician practices, one of the more-important...

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CBD: Compliance, Risk Management, and Investigation Defense

Pharmacies and businesses that manufacture, distribute, and sell CBD products are subject to numerous laws and regulations. Our lawyers and former federal agents assist with all aspects of compliance, risk management, and defense. It is no secret that CBD is now big business in the United States. With more states...

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Facing Discipline Under SEC Rule 102(e): What Professionals Need to Know

While the U.S. Securities and Exchange Commission (SEC) has substantial resources at its disposal, it cannot fully monitor the domestic securities markets and enforce companies’ obligations under the Securities Act of 1933 and the Securities Exchange Act of 1934 on its own. As a result, it relies on so-called “gatekeepers”—attorneys,...

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GLBA Compliance Audits, Laws & Risk Assessment Strategies

Understanding GLBA Compliance, Laws and The Obligations for a Broad Range of Companies The Gramm Leach Bliley Act (GLBA) is a federal law that establishes privacy and safeguarding requirements for companies that store sensitive personal and financial information. The GLBA law applies to all entities that qualify as "financial institutions"...

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When Can a CEO Be Held Personally Liable?

While the “corporate veil” shields CEOs and other corporate officers in most circumstances, there are exceptions. From corporate non-compliance to personal acts of negligence, CEOs can face personal liability in a number of different circumstances. In federal enforcement matters, CEOs can also face the risk of criminal prosecution if accused...

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Telemedicine and Cardiovascular Genetic Testing: What Do You Need to Know?

While telemedicine is gaining widespread acceptance – due in no small part to the impacts of the COVID-19 pandemic – when it comes to billing for telemedicine services, providers still face many challenges. Telemedicine billings often face enhanced scrutiny, and there are various issues that do not exist when providing...

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Cardiologist Defense: Cardiovascular Genetic Testing Fraud

For cardiologists, the introduction of cardiovascular genetic testing presents both new opportunities and new risks. Already, many cardiologists are facing scrutiny for Medicare billing fraud, and financial relationships with testing laboratories and other entities are leading to federal enforcement actions as well. As a cardiologist, anything you can use to...

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Department of Justice Renews Crack Down Fraudulent Billing and Unlawful Kickbacks

Healthcare professionals must ensure total compliance with Medicare, Medicaid, and other federally-funded government programs to avoid liability. Federal prosecutors are again focusing their efforts on preventing healthcare fraud. However, as prosecutors hone in on reducing fraud, law-abiding healthcare professionals may get caught in the government's wide net. Two of the...

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