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On Dec. 5, 2017, the Federal Trade Commission reached a settlement with three defendants who it alleged partook in deceptive, abusive and unfair debt collection practices in violation of the Federal Trade Commission Act and the Fair Debt Collection Practices Act. Federal Trade Commission v. Hardco Holding Group LLC, 6:17-cv-01257 (M.D. Fla. Dec. 5, 2017). In July, the FTC filed a complaint against defendants Hardco Holdings LLC, S&H Financial Group Inc., and Daryl Hall, alleging…
The Centers for Medicare and Medicaid Services (CMS) recently published a final rule updating fire safety requirements for healthcare facilities in an effort to increase patient safety and adapt to the needs of an aging population. The new rule adopts provisions of the National Fire Protection Association’s (NFPA) 2012 edition of the Life Safety Code (LSC), as well as provisions of the NFPA’s 2012 edition of the Health Care Facilities Code (HCFC). The 2012 edition…
On April 25, 2016, the Consumer Financial Protection Bureau (CFPB) entered into consent orders with a debt collection law firm, two of the firm’s principal partners, and New Century Financial Services, Inc., a company that purchases and collects consumer debts. The orders resolve allegations by the CFPB that each party violated the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act by filing collection lawsuits which were unfair and…
On January 22, 2016, the Food and Drug Administration (FDA) issued draft guidance on cybersecurity risks associated with medical devices, and addressed steps that device manufacturers should take to mitigate such risks. The guidance, titled Postmarket Management of Cybersecurity in Medical Devices (Postmarket), is intended to clarify the FDA’s recommendations and emphasize the importance of monitoring, identifying, and addressing cybersecurity vulnerabilities in medical devices once they are on the market. It applies to those medical devices that…
The Office of Inspector General (OIG) recently issued Advisory Opinion 15-13, addressing whether an integrated health system (Health System) was at risk for administrative sanctions under the federal anti-kickback statute or civil monetary penalty law for offering free shuttle services to patients. The OIG concluded that the proposed transportation arrangement presents minimal risk of fraud and abuse and warranted no cause for administrative sanctions. Complimentary local transportation has been addressed in several prior OIG advisory…
The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party employers. Home Care Association of America v. Weil, No. 15-5018 (Aug. 21, 2015) concerns plaintiffs-appellees Home Care Association of America (Home Care) and two other associations that represent third-party employers of home health workers. Appellees challenged a DOL’s Final Rule from 2013,…
The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party employers. Home Care Association of America v. Weil, No. 15-5018 (Aug. 21, 2015) concerns plaintiffs-appellees Home Care Association of America (Home Care) and two other associations that represent third-party employers of home health workers. Appellees challenged a DOL’s Final Rule from 2013,…
Last month the Second Circuit Court of Appeals reversed the U.S. District Court’s decision to deny the New York State Psychiatric Association (NYSPA) standing in its claim against UnitedHealth Group and related entities (UnitedHealth).  In doing so, the court opened the doors for member associations to bring claims on behalf of its members for violations of federal law. N.Y. State Psychiatric Ass’n v. UnitedHealth Group., No. 14-20-cv (2d Cir. Aug. 20, 2015), concerns claims by…
On Tuesday, July 28, the Consumer Financial Protection Bureau ordered Paymap Inc., a Colorado-based payment processing company and wholly owned subsidiary of Western Union Company, to repay consumers $33.4 million in fees and levied a $5 million civil penalty for violating a prohibition against unfair, deceptive, or abusive practices. The Bureau also ordered LoanCare, LLC, a Virginia-based mortgage servicer, to pay a $100,000 civil penalty for its role in the customer deception. Both parties’ violations…
Last month, in a case of first impression, the Sixth Circuit Court of Appeals issued an opinion finding that unsolicited faxes intended strictly for informational purposes were not “advertisements” and therefore not actionable under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. 227 et. seq. Sandusky Wellness Center v. Medco Health Solutions, No. 14-4201 (6th Cir. June 3, 2015) concerns Sandusky Wellness Center, a healthcare provider, and Medco Health Solutions, a pharmacy benefit manager that acts…