Posts Tagged ‘whistleblowers’

“No, Your Medical Records Are Not Private”

HIPAA or no HIPAA, a variety of government agencies might get a look at your personal medical records. “HIPAA allows federal bureaucrats to get patient records merely by issuing administrative subpoenas, or civil investigative demands.” The records may also find their way into the hands of private lawyers, such as those representing qui tam relators under the False Claims Act. “‘Everybody’s got horror stories for what happens when the relators get into their stuff,’ said Jonathan Diesenhaus, a former DOJ senior trial lawyer who now represents health care companies as a partner with the Hogan Lovells law firm, to TheDCNF. ‘It becomes an avenue for abuse.'” [Kathryn Watson, Daily Caller]

Labor and employment roundup

  • The Bernie-Sanders-ized Democratic Party: $15/hour minimum for tipped workers now a platform plank [Evan McMorris-Santoro, BuzzFeed]
  • Austin’s new ban on unlicensed household hauling will hurt informal laborers without helping homeowners [Chuck DeVore]
  • Ellen Pao drops suit against Kleiner Perkins, complaining that California job-bias law, often considered among the nation’s most pro-plaintiff, is against her [ArsTechnica, earlier]
  • “Court of Appeals Reverses Board Decision Allowing Employees to Wear ‘Inmate,’ ‘Prisoner’ Shirts in Customer Homes” [Seth Borden, McGuireWoods]
  • “New Jersey’s Supreme Court has dramatically expanded the state’s whistleblower law… the Court’s decision confirms that CEPA likely is the most far-reaching whistleblowing statute in the U.S.” [New Jersey Civil Justice Association, more, Ford Harrison]
  • In NLRB-land, an employee can act all by himself and it will still be “concerted” action protected as such under the NLRA [Jon Hyman]
  • New York City government to invest in hiring halls for day laborers [New York Daily News]

Crime and punishment roundup

  • “Regulatory Crimes and the Mistake of Law Defense” [Paul Larkin, Heritage]
  • Victims of sex offender registry laws, cont’d [Lenore Skenazy]
  • James Forman, Jr.: case against mass incarceration can stand on its own without flawed Jim Crow analogy [Boston Review and N.Y.U. Law Review, 2011-12]
  • “For-profit immigration jails, where the inmates — convicted of nothing — work for less than peanuts.” [@dangillmor on Los Angeles Times]
  • “The New Science of Sentencing: Should prison sentences be based on crimes that haven’t been committed yet?” [Marshall Project on statistically derived risk assessments in sentencing]
  • Group of 600 New England United Methodist churches issues resolution calling for an end to Drug War [Alex Tabarrok, who was also profiled the other day]
  • Prison guard in Florida speaks up about witnessing abuse of inmate, and pays a price [disturbing content, Miami Herald]

Medical roundup

  • Scorecards on complication rates and outcomes may reveal little about who’s a bad doctor since best docs sometimes take hardest cases [Saurabh Jha, KevinMD] “Anatomy of error: a surgeon remembers his mistakes” [The New Yorker]
  • When parents and doctors don’t agree, are allegations of “medical child abuse” levied too liberally? [Maxine Eichner, New York Times; Lenore Skenazy, see also “medical kidnapping” links]
  • ABA’s Standing Committee on Medical Professional Liability derailed in bid for House of Delegates resolution endorsing unlimited punitive damages in product liability [Drug & Device Law first, second, third posts]
  • Wisconsin repeals medical whistleblower law [Milwaukee Journal-Sentinel]
  • “Politically Driven Unionization Threatens In-Home Care” [David Osborne, IBD]
  • Ninth Circuit upholds Washington state regulations forcing family pharmacy to dispense morning-after pills [The Becket Fund]
  • Pathologist who frequently diagnosed shaken baby syndrome loses Montana role [Missoulian]

Medical roundup

  • King v. Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. Bagley Federalist video, Michael Greve with theory of Justice Kennedy riding off to Colorado with Dagny, earlier]
  • “J&J says women being illegally solicited to join in mesh lawsuits” [Jessica Dye/Reuters, same on lawyers’ response, more on which]
  • Invoking ACA, feds regulate non-profit hospitals to require periodic community needs assessment, limit collection methods [Treasury]
  • Unless judges are vigilant, lawyers will take advantage of mass tort joinder to evade CAFA limits on forum-shopping [Steven Boranian, Drug & Device Law]
  • Popular literature on IRBs/consent of research subjects can employ dubious definitions of “coercion” [Simon Whitney via Zachary Schrag]
  • Qui tam lawyers vs. pharmaceutical companies, some empirical findings [Bill of Health]
  • So that’s what “anatomical theatre” means: researcher checks into ostensible open-source medical journals and finds many “had suspicious addresses; one was actually inside a strip club.” [Fast Company on report finding that fake paper was accepted for publication by 17 journals]
  • A student of David Henderson’s recalls the state of medicine under the Soviets: assignment to providers based on place of residence; the role of gifts, favors, and clout; how idealistic doctors became cynics; the black market as a safety valve. [EconLog]

Don’t hold us to time limits for suing, the nation’s at war

Last year I wrote a piece for Jurist on the Wartime Suspension of Limitations Act (WSLA). Now the False Claims Act case of Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter is before the Supreme Court, which heard oral argument on Tuesday. [transcript; Ronald Mann/SCOTUSBlog; WSJ editorial; Courthouse News; earlier here and here]

Politics roundup

Banking and finance roundup

  • “How Operation Choke Point Hurts the Unbanked” [former FDIC chairman William Isaac, American Banker]
  • A nation of snitches: “U.S. rules would expand white collar crime informers” [Reuters]
  • Courts should stop giving deference to agency interpretations of criminal law: “Justice Scalia’s shot across the SEC’s bow re insider trading” [Bainbridge] Judge Rakoff criticizes SEC for bringing so many enforcement proceedings to in-house adjudicators [Reuters, earlier]
  • Monitor envy: “The biggest U.S. banks have 100 or more on-site examiners from an array of regulators” and now New York’s financial regulator wants to get into the act [WSJ]
  • Seventh Circuit finds Bank of America entitled to ask loan applicants about expected continuing entitlement to disability benefits, but in the mean time bank agrees in DoJ settlement to cease such inquiries [Easterbrook opinion in Wigginton v. Bank of America, see last page]
  • Two SEC commissioners warn that campaigned-for “fair fund” to compensate investors in CR Intrinsic inside trading case “likely to benefit only class-action attorneys and the fund’s administrators” [Daniel Gallagher and Michael Piwowar, WSJ]
  • “U.S. veterans sue [major European] banks, claim they should pay for Iraq attacks” [Alison Frankel, Reuters]

Banking and finance roundup

“Justice Department Urges Banks to Implicate Employees”

“The Justice Department has a suggestion for banks hoping to avoid criminal charges: Rat out your employees.” By agreeing to throw individuals under the bus, the company as a whole will qualify for valuable cooperation credits. [Ben Protess, New York Times “DealBook”] On a similar culture-of-informants theme, Eric Holder is proposing to further boost bounties for Wall Street informants into more massive contingency-fee territory: “Mr. Holder will urge Congress to allow bigger whistleblower rewards under the 1989 Financial Institutions Reform, Recovery and Enforcement Act…. Current law caps any Firrea whistleblower payment at $1.6 million.” [Wall Street Journal, earlier coverage and specifically]