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  • April 27, 2015

    By Kathleen Kapusta, J.D. Finding no persuasive authority in support of an employee’s contention that evidence showing his supervisor offered his job to two younger coworkers, who declined the opportunity months before he was terminated, was sufficient to establish he was replaced by a substantially younger individual, a federal district court in Tennessee found he failed [...]

  • April 27, 2015

    By Kathleen Kapusta, J.D. Although standing alone, evidence that an employee was more qualified than the candidate ultimately promoted may not have been enough to support a finding of pretext, a federal district court in Louisiana found there was also evidence that, if accepted by the trier of fact as true, could support an inference that [...]

Health Law Daily
  • April 21, 2015

    Despite the fact that a Medicare beneficiary stays in a hospital overnight and sleeps in an in-patient hospital bed for observation, he or she may still be considered an outpatient, which severely limits coverage under Medicare and can result in seve

  • April 20, 2015

    CMS has issued an Advance Release of its Proposed rule to update fiscal year (FY) 2016 Medicare payment policies and rates under the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital Prospective Payment System (LTCH PPS). Th

  • April 17, 2015

    Several allegations related to the submission of false claims survived a motion to dismiss in a qui tam action in which the federal government has intervened. The U.S. District Court for the Eastern District of Pennsylvania dismissed claims brought a

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