COVID-19 Affecting Nursing Homes

U.S. nursing homes would benefit from a less punitive approach to performance improvement, according to Doctors Without Borders, the international medical humanitarian organization that has been assisting U.S. nursing homes with their response to COVID-19. The organization recently conducted in-person infection prevention and control trainings and provided technical support and wellness sessions to staff and residents in over 50 Michigan nursing homes and adult care facilities, and now is doing the same in Texas.

To read the rest of this post by Duane Morris attorney Susan Kayser, please visit the Duane Morris Health Law Blog.

Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions

Under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), transactions subject to reporting and waiting period requirements (generally, those valued in excess of $94 million) are reviewed by the United States Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ). The two agencies have 30 days from receipt of an HSR filing to review the materials, investigate and decide whether to issue a second request for documents and information, which imposes an additional waiting period during which the parties to the transaction may not close. In light of both agencies’ response to COVID-19, parties to transactions requiring agency review should expect extensions of the waiting periods and delays in the processing of investigations.

To read the full text of this Duane Morris Alert, please visit the firm website.

U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts

On March 24, 2020, recognizing the need to provide guidance for businesses collaborating to protect the health and safety of Americans during the COVID-19 pandemic, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) issued a joint statement detailing an expedited antitrust review procedure and providing guidance for such business collaborations.

To read the full text of this Duane Morris Alert, please visit the firm website.

U.S. Department of Justice Files Civil Complaint for COVID-19-Related Fraud

By Brett M. Feldman and Jessica Linse

Since the outbreak of the COVID-19 virus, law enforcement officials throughout the country have publicly committed to aggressively combatting pandemic-related fraud. Those pronouncements have translated into action focused, at least at this early stage, upon frauds which might impact consumers’ health and safety. The first federal civil enforcement action took place on Saturday, March 21, 2020. On that date, the U.S. Department of Justice, in coordination with the U.S. Attorney for the Western District of Texas, filed the first civil enforcement action against a COVID-19 related fraud. Prosecutors sought an injunction shutting down a website, which purportedly offered to provide “free” coronavirus “vaccine kits” for a $4.95 shipping and handling fee. This request for injunctive relief, which resulted in a temporary restraining order pursuant to 18 U.S.C. § 1345, is likely an omen of more to come. Continue reading “U.S. Department of Justice Files Civil Complaint for COVID-19-Related Fraud”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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