An article in the September 22 issue of Part B News, “Failed restrictive covenant case signals a warning to practices,” discussed a recent New Jersey case in which a practice sued to enforce a restrictive covenant against a physician whose employment it had terminated. Rivkin Radler’s Tamika Hardy was quoted in the
Employer/Employee
FTC Abandons Non-Compete Ban but Signals Continued Scrutiny
The Federal Trade Commission (FTC) has formally abandoned its effort to implement a nationwide prohibition on employer non-compete agreements, marking the end of one of the most closely watched regulatory battles in recent years. While the sweeping ban will not take effect, the agency has made clear that restrictive covenant practices remain firmly on its…
To ease doctor-departing woes, write careful terms into the contract
An article in the June 9 issue of Part B News, “To ease doctor-departing woes, write careful terms into the contract,” discussed best practices for medical practices’ employment contracts with their physician employees. Rivkin Radler’s Norton Travis was quoted in the article.
Norton suggested that practices try to enforce restrictive covenants where…
Hospital Terminates Employees for Allowing Another to Do Their Jobs
An article in the September issue of Healthcare Risk Management’s HIPAA Regulatory Alert, “Hospital Terminates Employees for Allowing Another to Do Their Jobs,” discussed a recent incident at Mass General Brigham in Somerville, MA. Upon investigation, the hospital discovered that two employees inappropriately allowed a third person, who was not a hospital…
FTC Bans Non-Competes: What It Means for You
The Federal Trade Commission (FTC) recently enacted a regulation that would effectively ban non-compete agreements for almost all employers. Unless the rule is blocked by legal challenges, it will take effect on September 4.
Long Island Business News hosted a webinar on June 26, which explored the ban’s viability. Ken Novikoff, who leads Rivkin Radler’s…
Must You Rehire Suspended Providers Who Get Their License Back? Look to Contract
A May 20 article in Part B News, “Must You Rehire Suspended Providers Who Get Their License Back? Look to Contract,” discussed whether an employer must rehire a suspended provider who gets his or her license back. Rivkin Radler’s Chris Kutner was quoted in the article.
Chris said that the contract between…
Billing for Unsupervised PAs Leads to $2 Million Settlement
The U.S. Attorney’s Office for the Eastern District of Michigan announced on May 8 that Michigan Ear Care PLLC and James Aronovitz, D.O. agreed to pay over $2 million to resolve allegations that they submitted false claims to the Medicare and Medicaid programs.
Aronovitz allegedly billed for ear care services under his own National Provider…
FTC Issues New Rule to Abolish Non-Compete Agreements
On Tuesday, April 23, the Federal Trade Commission (FTC) issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.
Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers will…
Physician Employment Arrangements: Assuring Compliance while Maximizing Opportunities
On Thursday, March 7, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler’s Tamika Hardy, Ada Janocinska and Syma Levine will present “Physician Employment Arrangements: Assuring Compliance while Maximizing Opportunities.” The program will take place from 12:00 noon to 1:00 PM Eastern time via Zoom.
Some of the topics…
Health Network Pays $345 Million for Compensating Physicians Above FMV
Community Health Network, Inc., based in Indianapolis, Indiana, has paid $345 million to settle alleged violations of the False Claims Act (FCA). The lawsuit was initiated through a whistleblower complaint that was filed in 2014 by the network’s former Chief Financial Officer. The suit alleged that, between 2008 and 2009, the network recruited hundreds of…
