Thompson Coburn

Congress passed the Small Business Reorganization Act of 2019 (the “SBRA”) to benefit small businesses. The SBRA established a new framework within Chapter 11 of the Bankruptcy Code, known as subchapter V, which streamlines and simplifies the bankruptcy process for small businesses to allow them to restructure and exit bankruptcy in an expedited timeframe.Section 1182

On October 10, 2023, the U.S. Department of Education published its new Financial Value Transparency and Gainful Employment rule (the “GE Rule”). This rule represents the agency’s third effort at installing a “gainful employment” or “GE” framework in the law. Significantly, this latest version of the GE Rule has been expanded
to cover all Title IV-participating

On April 20, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) published a new toolkit  titled “Analyzing Telehealth Claims to Assess Program Integrity Risks” designed to analyze claims data for telehealth services and identify program integrity risks to Federal healthcare programs (“Toolkit”).  The Toolkit appears to be driven by the

The carrot or the stick … which motivates compliance conduct more? Consider it a rhetorical question for now, but it’s once again a tactic being deployed by the U.S. Department of Justice to motivate or cajole corporate compliance. In separate announcements over the past several weeks, DOJ dangled two new “carrots” in front of companies

A motion filed by a member of Congress to release a bill from committee consideration.What is past is prologueLegislation can follow a standard trajectory to becoming a law: the bill is introduced by a member of Congress, assigned to a committee for debate and amendment, and if it is approved by that committee and supported

On September 6, 2022, the Centers for Medicare & Medicaid Services (CMS) released a Request for Information (RFI) seeking public input to assess the impact of the waivers and flexibilities provided in response to the COVID-19 Public Health Emergency. The RFI is focused on the disparities in health and health care throughout the United States, in

The ability of a federal official to approve, deny, or compromise a federal claim.
Promises in the Dark   
The Biden Administration has been reviewing options to address a nearly $2 trillion problem facing Americans: student loan debt. Since taking office, the Biden Administration has extended the pandemic-era pause on federal student loan payments, canceled

On July 20, 2022, the OIG released a Fraud Alert encouraging practitioners to exercise caution when entering into arrangements with telemedicine companies given the various fraud and abuse risks associated with such arrangements including  an increased risk of fraudulent claims to Medicare, Medicaid, and other federal healthcare programs.
The Fraud Alert lists seven characteristics of

On June 13, 2022, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), issued guidance on how covered entities and business associates can use remote communication technologies for audio-only telehealth in a HIPAA-compliant manner following the end of the national COVID-19 public health emergency (“PHE”).  OCR had previously issued guidance in