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Two Proposed Rules Aim to Increase Organ Donation in the U.S.
Verrill, February 2020

On December 17, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule to revise the Conditions for Coverage that Organ Procurement Organizations (“OPOs”) must satisfy in order for organ procurement costs to be paid by Medicare and Medicaid (the “OPO Proposed Rule”)...

Indonesia on the Coronavirus (COVID-19) Outbreak: New Regulations and Policies
Makarim & Taira S., February 2020

On 30 January 2020, the World Health Organization (WHO) declared that the outbreak of novel coronavirus or COVID-19 constituted a Public Health Emergency of International Concern (PHEIC). The COVID-19 is a respiratory illness caused by a new coronavirus which first originated in Wuhan, Hubei Province, China, the death toll from which has reportedly surpassed 1,000 on mainland China, while confirmed infections have passed 40,000 globally...

CFIUS: Final Foreign Investment Regulations Implement 2018 Law
Hanson Bridgett LLP, February 2020

Summary On January 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) issued final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)1 (the “Regulations”2). The Regulations go into effect on February 13, 2020. CFIUS’s existing regulations (the “Pilot Program”) will continue to apply to transactions that close prior to February 13, 2020...

2nd Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo
Dinsmore & Shohl LLP, February 2020

The False Claims Act (FCA) was enacted to punish and deter fraud against the United States, and to recover moneys obtained through such fraud. Whether an alleged fraud was actually against the United States is a threshold question not posed in the typical FCA case, where allegations usually involve claims for payment submitted to the Army, Navy, Medicare, or other entity clearly part of the federal government. But some cases are not so clear...

Law on Digital Transformation of the Administration
Carey, February 2020

On November 11, Law No. 21, 180 on Digital Transformation of the Administration was published. Its purpose is to initiate the process of digitalization and modernization of the administrative procedures followed before the Chilean Government administration bodies...

Updates to CEQA Technical Advisories on Disaster Response and Housing
Hanson Bridgett LLP, January 2020

The Governor's Office of Planning and Research (OPR) has recently issued two technical advisories with helpful California Environmental Quality Act (CEQA) guidance on two prominent California land use topics. The first advisory outlines potential CEQA exemptions for immediate-term disaster recovery, with the goal of helping communities and public agencies prepare their climate change adaptation and resilience strategies...

OCR Announces Recent Enforcement Actions and Settlements for Noncompliance with HIPAA Rules and Section 1557 of the Affordable Care Act
Dinsmore & Shohl LLP, January 2020

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced several enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. OCR Secures Voluntary Resolution with Hospital to Settle Provision of Auxiliary Aids and Services to Deaf or Hard-of-Hearing Individuals On Jan...

DOJ False Claims Act Stats Show Growth in Recoveries in 2019, Continued High Level of Qui Tam Actions Filed
Dinsmore & Shohl LLP, January 2020

The U.S. Department of Justice (DOJ) recently announced that in Fiscal Year 2019 (FY2019),1 total settlements and judgments in False Claims Act (FCA) cases rebounded back over the $3 billion mark after dipping to $2.9 billion in FY2018. The Department’s annual statistical overview of FCA-related fraud actions2 showed nearly three-quarters of recovered funds, or $2...

Website Accessibility Lawsuits Continue to Trend Up
Hanson Bridgett LLP, January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1...

The New Regulation on the Procurement of Goods and Services in the State-Owned Enterprises Sector
Makarim & Taira S., January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No...

H-1B Visa Filing Season: New Registration Process Begins March 1
Dinsmore & Shohl LLP, January 2020

Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020...

CMS Releases Bulletin Discussing Best Practices for Avoiding 340B Duplicate Discounts in Medicaid
Dinsmore & Shohl LLP, January 2020

On Jan. 8, 2020, the Centers for Medicare and Medicaid Services (CMS) published an informational bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid.”[1] The bulletin outlines seven regulatory strategies State Medicaid agencies may consider when developing policies for preventing the occurrence of duplicate discounts in Medicaid Fee-for-Services (FFS) and Medicaid Managed Care Organization (MCO) programs...

A Proxy Season Guide to 2020
Dinsmore & Shohl LLP, January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season...

New California Laws Could Bring Difficulties in Employment Arbitration
Dinsmore & Shohl LLP, January 2020

New California laws could make it more difficult for employers to enforce employment arbitration agreements and now prohibit “no rehire” language in settlement agreements involving employment disputes.  Arbitration Agreements The enforceability of employment arbitration agreements has long been under attack in California...

2020 Rings in Legislative Changes for California
Dinsmore & Shohl LLP, January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v...

Paraguay: Anti-Laundering Legislation - Implications of Law 6.446 / 19
Vouga Abogados, January 2020

As part of Paraguay's commitment to the International Financial Action Task Force of Latin America (GAFILAT), in November 2019, the Executive Power enacted Law No. 6446 that creates a “General Directorate of People and Legal Structures and Final Beneficiaries ” Under the Ministry of Finance (hereinafter the Law), which will have the following functions:  Acting as the authority of application, replacing the Treasury Law, of Law No...

Omnibus Draft Bills to be Submitted to the House of Representatives
Makarim & Taira S., December 2019

Following the discourse of the upcoming omnibus law, the government recently announced that it will submit omnibus draft bills on job creation (“Omnibus Law on Job Creation”) and taxation (“Omnibus Law on Taxation”) to the House of Representatives soon.Omnibus law has become an emerging issue ever since it was mentioned during the President’s inauguration speech on 20 October 2019...

"Sunshine Law Shining a Light on Governmental Hospital Transactions" Ken Marlow in The Governance Institute's Public Focus
Waller, December 2019

Governance and social factors play a significant role in determining a hospital’s openness to change and its ability to complete a business transaction, be that a merger, acquisition, or other strategic partnership. For government-owned hospitals, tension between the goals of government entities and the goals of a hospital’s board, in addition to added legal complexities, may result in failed or generally avoided transactions...

MSHA’s Fall Regulatory Agenda — 2019
Dinsmore & Shohl LLP, December 2019

In November 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices – two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. All of these actions are discussed in further detail below...

Federal Bank Regulators Issue Guidance on Serving Hemp-Related Businesses
Dinsmore & Shohl LLP, December 2019

On Dec. 3, 2019, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the Financial Crimes Enforcement Network (FinCEN) and the Office of the Comptroller of Currency (OCC) in conjunction with the Conference of State Bank Supervisors (CSBS) issued a joint statement entitled “Providing Financial Services to Customers Engaged in Hemp-Related Businesses...

An Introduction to the Proposed Omnibus Law
Makarim & Taira S., December 2019

According to the World Bank’s 2019 Doing Business index, Indonesia sits in 73rd position overall out of 190 countries in terms of ease of doing business. President Joko Widodo has set as a target increasing Indonesia’s ranking to 40th position. To boost investment and ease of doing business in Indonesia, in his inauguration speech on 20 October 2019, President Joko Widodo introduced the idea of enacting an Omnibus Law...

9th Circuit Skeptical of Government Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case
Dinsmore & Shohl LLP, December 2019

In United States v. United States ex rel. Thrower, No. 18-16408, on November 14, a panel of the Ninth Circuit gave a skeptical reception to the Department of Justice (DOJ) argument that the district court’s denial of the government’s motion to dismiss a False Claims Act (FCA) qui tam complaint against Academy Mortgage Corporation (Academy) invaded the government’s “prosecutorial discretion...

Court Annuls FOPH Order Limiting Medicinal Product Price Increase
Walder Wyss Ltd., December 2019

On 7 August 2019 the Federal Administrative Court annulled a Federal Office of Public Health (FOPH) order that had limited the price increase of a medicinal product on the list of specialities to two years. The product manufacturer had requested a price increase under Article 67(2) of the Healthcare Insurance Ordinance (SR 832.102), having incurred higher costs following the loss of two suppliers...

Department of Justice Announces Strike Force to Combat Antitrust Crimes in Government Procurements
Dykema, December 2019

On November 5, 2019, the U.S. Department of Justice (DOJ) Antitrust Division announced the establishment of a Procurement Collusion Strike Force (PCSF) to deter, detect, investigate, and prosecute criminal schemes that undermine the integrity of the government procurement process. One of the highlights of the PCSF is to reprioritize prosecutions of cartel conduct after a several-year decline...

New Regulation on Location Permit
Makarim & Taira S., November 2019

Over the past years, the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency (“Minister”) has issued several regulations on location permits due to the progressive system established by the government for the efficiency of investments and licensing. After the Online Single Submission (“OSS”) system became applicable, the Minister issued Regulation No...

 

 

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