On June 1, 2023, in two unanimous decisions, the U.S. Supreme Court determined that liability in False Claims Act (“FCA”) lawsuits is determined by whether the defendant subjectively believed its claims were false at the time that those claims were submitted for payment, as distinguished from focusing on what an objectively reasonable person might believe at a later time.
Author: MainStaff
U.S. Supreme Court Modifies Test for Religious Accommodations in the Workplace
On June 29, 2023, the United States Supreme Court issued its decision in Groff v. Dejoy, in which the Court announced a heightened standard for employers attempting to demonstrate that an employee’s request for religious accommodation under Title VII would impose an undue hardship on its business.
NY Employers Receive Additional UI Tax Charges
New York employers have been receiving letters from the Unemployment Insurance Board which demand additional payments for the “IAS Surcharge.” As a reminder, the surcharge is intended to replenish the State’s UI fund, and make up for the fact that the New York State Department of Labor entirely depleted the UI fund by paying out so many benefits during the pandemic.
Covered Employers Must Update their EEOC Poster
The Equal Employment Opportunity Commission (EEOC) has updated the mandatory jobsite poster “Know Your Rights: Workplace Discrimination is Illegal.”
IRS Issues Warning about ERC Credits
The Internal Revenue Service (IRS) is continuing to caution employers about claiming the Employee Retention Tax Credit (ERTC), noting that there have been aggressive and unlawful tactics by various ERC filing services.
DOH Issues Proposed Regulations to Eliminate COVID Vaccine Requirement
The Department of Health has published its proposed rule to remove the COVID-19 vaccine mandate for health care workers (“covered entities”) from its regulations.
Paid COVID Sick Leave is still in Effect
A number of employers have inquired whether the New York State paid sick leave legislation is still in effect, in view of the lifting of the federal Public Health emergency.
COVID Regulatory Waivers for Home Care are Finished
On June 22, 2023, Executive Order (EO) 4.22, which allowed for certain regulatory relief measures for home care and other providers due to staff shortages, expired.
OMIG Posts Compliance Program Self-Assessment Tool
The Office of the Medicaid Inspector General (OMIG) has posted on its website a new Compliance Program Self-Assessment tool to be used by providers in assessing the efficacy of their compliance programs under 18 NYCRR Part 521 provisions.
Premium Article: CDPAP Phase 2 – The Fallout
New York State’s Legislative session is wrapping up in New York, but it is actually the CDPAP “phase 2” announcements that have instead captured the attention of the home care industry. Our firm has been busy addressing the many questions that have arisen as a result of the Department’s announcements, and in this article we address for our readers the information we have gathered thus far from our collective experience.