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Final HIPAA Privacy Rule Released By HHS – Final Rule Contains Important Changes

Posted on Health Care Law News January 29, 2013 by author

On January 17, 2013 HHS released an Omnibus Final Rule which modifies the HIPAA Privacy, Security and Enforcement Rules, and implements the HIPAA Breach Notification Rule.  The Final Rule contains over 600 pages, a full summary of which is beyond the scope of this post.  Taking a step back from the abundance of volume and Read more →

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Health Care Fraud Investigation of Podiatrist Closes with No Charges

Posted on Firm News January 24, 2013 by author

A podiatrist represented by Nicholson & Eastin, LLP that was the subject of a health care fraud investigation after a fraud referral from a Medicare fraud contractor was cleared of wrongdoing and the investigation is closed. The podiatrist was also removed from the Medicare prepayment review after Nicholson and Eastin, LLP worked with the physician Read more →

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Fed 4th Cir. Applies Rigid Pleading Standard in Off-Label Marketing False Claims Act Case

Posted on Health Care Law News January 23, 2013 by author

The Federal Fourth Circuit Court of Appeals dismissed an off-label marketing False Claims Act case based upon the lack of identification in the complaint of specific false claims presented to the government. In U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, Inc., No.11–2077 (4th Cir. January 11, 2013), the court brushed aside the other Read more →

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Trial Win in Employment Discrimination Case

Posted on Firm News December 20, 2012 by author

After only 30 minutes of deliberation, a federal jury in Fort Pierce returned a defense verdict in favor of our medical practice client in a federal age and disability discrimination case.  Nicholson & Eastin, LLP’s Managing Attorney, Robert Nicholson, represented the medical practice during the trial.  Mr. Nicholson employed his years of federal litigation and trial experience Read more →

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Motion to Dismiss Retaliation Claim Granted

Posted on Firm News December 14, 2012 by author

Nicholson & Eastin, LLP obtains dismissal of unlawful retaliation claim by summary judgment motion in employment discrimination case.  After establishing that the plaintiff had not met the jurisdictional requirements to bring the claim in court, the court dismissed the claim.  Nicholson & Eastin, LLP attorneys Robert Nicholson and Nicole Kwapisz prepared the successful motion.  The remaining Read more →

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