U.S. Supreme Court Shifts Ground in False Claims Act Suits

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.

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.

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.