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Easier? U.S. Department of Labor Publishes 146-Page Notice with Proposed Regulations to “Make it Easier” to Distinguish Employees from Independent Contractors

March 5, 2026

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Written By Grant B. Osborne
“The nine most terrifying words in the English language are ‘I’m from the government, and I’m here to help.'” — President Ronald Reagan, August…
Firm News

Ward and Smith Ranked by Best Law Firms® in 2026

November 6, 2025

Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
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From Pumpkin to Pie: Transforming Raw AI Potential into Results

October 15, 2025

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Ed. Note: This is the third article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business with practical…
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Building AI Guardrails: Keeping the Ghosts of Bad Governance at Bay

October 8, 2025

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Ed. Note: This is the second article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business…
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Exorcising AI Myths: What’s Really Haunting Your Business

October 1, 2025

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Ed. Note: This is the first article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business…
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Mind the Gap: How Insurance Shortfalls Can Put Your Business at Risk

September 26, 2025

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Many businesses assume that once insurance is in place, they are fully protected. In reality, policies often contain gaps where coverage is limited or…
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Data Security and National Security: Are You the Weak Link?

September 5, 2025

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Why Federal Law Enforcement Believes Foreign Adversaries Can Harm the U.S. by Exploiting Your Tech and Data International cybercrime is not new.  As a…
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Stay Ready So You Don’t Have to Get Ready: Initial Tips to Navigating OSHA Inspections

September 2, 2025

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Written By Justin T. Hill
As maximum Occupational Safety and Health Administration (“OSHA”) penalties continue to increase on an annual basis, the importance of being prepared for an OSHA…
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Employer Wellness Programs – Legal Landscape of Staying Compliant

July 11, 2025

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Written By Avery J. Locklear
Employer-sponsored wellness programs are designed to promote healthier lifestyles through health screenings, fitness incentives, and/or lifestyle coaching. In recent years, such programs have become…
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Risky Business: What Lawyers Who Fight Insurance Companies Want You to Know About Your Business Insurance Portfolio

June 17, 2025

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We are attorneys and don’t sell or broker insurance. Yet, we’re writing to alert business owners of a direct threat posed by a “set…
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Cyber Liability Insurance: Is It Worth It?

June 3, 2025

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Cybersecurity incidents and cybercrime are on the rise in every sector of industry and against businesses and organizations of all sizes. In connection with…
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Key Employment Law Issues Employers Need to Watch in 2025

January 14, 2025

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As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying…
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Part 2 in Heatwaves of Drama: A Case Study in “What Not To Do” for Southeastern HR Professionals

December 17, 2024

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Ed. Note: Read Part 1 of Heatwaves of Drama Here Ward and Smith Labor and Employment attorneys presented an interactive case study during their…
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Part 1 in Heatwaves of Drama: A Case Study in “What Not To Do” for Southeastern HR Professionals

December 13, 2024

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In the first installment of our two-part series covering Ward and Smith’s 2024 Employment Law Symposium, three Ward and Smith attorneys illuminated a variety…
Firm News

Ward and Smith Ranked by Best Law Firms® in 2025

November 11, 2024

Ward and Smith has been honored in the 2025 edition of Best Law Firms®. The firm has made its mark in the legal field by being ranked…
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Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban

October 24, 2024

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In late August, the Federal Trade Commission (“FTC”) indicated that it likely would appeal the Texas District Court’s ruling, which blocked the FTC’s Non-Compete…
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Three Cybersecurity Mistakes Small Businesses Make: A Data Privacy Attorney’s Perspective

October 15, 2024

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In today’s digital landscape, where data and technology are integral to business, companies of all sizes are prime targets for cyberattacks. As privacy and…
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Lessons Learned: Wisdom from Professional Licensing Attorneys

October 8, 2024

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Written By Amy G. Fitzhugh
  Having been in the company of literally thousands of physicians, dentists, psychologists, nurses, and just about every other kind of health professional as…
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Interstate Licensing Compacts and Universal License Recognition for NC Healthcare Professionals

September 27, 2024

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Written By Amy G. Fitzhugh
Individual state legislatures and the District of Columbia have traditionally determined the licensure requirements for professionals to practice in their jurisdiction. As a result,…
Firm News

67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025

August 15, 2024

  Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
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FAQ: What Medical Practices Need to Know Regarding Communicating with Patients via Telephone and Text

July 30, 2024

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Written By J. Michael Fields
Every day, physicians, medical practice managers, and administrative professionals call their trusted attorneys with a “quick question” about the legality of a new approach…
Firm News

Our July Focus: Legal Rights, Responsibilies, and Regulations

July 26, 2024

The July theme of Legal Rights, Responsibilities, and Regulations promotes awareness of legal rights, ethical responsibilities, and the regulations that govern our businesses. Defamation…
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Navigating the National Practitioner Data Bank: A Guide for Healthcare Professionals

June 7, 2024

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Few aspects of the healthcare regulatory apparatus evoke more confusion and dread for healthcare practitioners than the National Practitioner Data Bank (NPDB or Data…
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Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

May 14, 2024

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Every employee hired is expected to be a team player and integrate into the employer’s culture to cultivate success. However, nearly all employers find…
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Raising the Rate: DOL Expands Overtime Protections to Millions of Workers

April 24, 2024

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On April 23, 2024, the U.S. Department of Labor (“DOL”) announced a final rule that will increase the Fair Labor Standards Act’s (“FLSA”) minimum…
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Prescribing Professionalism: Avoiding Romance in the Medical Workplace

February 28, 2024

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In the high-stress, life-or-death environment of the medical profession, Cupid’s love arrow can strike about as quickly as an infection. But before letting the…
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The Wait Is Over! The USDOL’s 2024 New Rule on Independent Contractor Classification Under the FLSA

January 19, 2024

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Written By X. Lightfoot
On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule to provide guidance to employers in determining whether a worker…
Firm News

Ward and Smith Ranked in 2024 “Best Law Firms”

November 2, 2023

Ward and Smith has been ranked in the Best Lawyers® “Best Law Firms” list regionally in 27 practice areas. Firms included in the 2024 “Best Law Firms”…
Firm News

52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024

August 17, 2023

Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
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Business over Breakfast: Health Care Legal Updates from our Spring Series

July 19, 2023

Several Ward and Smith attorneys shared legal updates related to the North Carolina Certificate of Need process, insights on professional licensing, and guidance on…
Firm News

Michael Fields Earns Spot on NC Lawyers Weekly’s “2023 Health Care Power List”

June 27, 2023

North Carolina Lawyers Weekly is recognizing Michael Fields as a top healthcare attorney in 2023.  Michael’s contributions and unparalleled accomplishments in the field have…
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Employers Take Note: New Laws Provide Protections for Pregnant and Nursing Employees

June 2, 2023

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Editor’s Note: Article updated on June 1 to include guidance from the US Department of Labor Field Assistance Bulletin. The latest maternal employment protections…
Firm News

Reserve Your Spot for Ward and Smith’s 2023 Health Care Breakfast and Learns!

April 21, 2023

Rise and shine with Ward and Smith! You’re invited to join us for a free, fun-filled Health Care Breakfast and Learn at a location…
Firm News

Jim Wilson Joins Professional Licensing Panel at the 2023 Health Law Section Annual Program

April 4, 2023

Professional licensing attorney Jim Wilson will be lending his knowledge and insights to an illustrious panel of speakers at the 2023 Health Law Section…
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Responding to an Investigation of the North Carolina Medical Board

November 9, 2022

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There are few things as critical to a physician as his or her medical license. The North Carolina Medical Board (“Board”) is mandated by…
Firm News

Ward and Smith Celebrated in 2023 Edition of Best Law Firms

November 3, 2022

Ward and Smith shines bright in the 2023 edition of “Best Law Firms.” U.S. News & World Report and Best Lawyers® released their annual rankings that recognize…
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The Nursing Board is Investigating Me, What Should I Expect?

October 28, 2022

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The North Carolina Board of Nursing (“NCBON”) is empowered by law to regulate the practice of nursing in order to provide safe nursing care…
Firm News

Register for Ward and Smith’s Health Care Webinar

September 8, 2022

North Carolina health care professionals, it’s time for your legal pulse check with Ward and Smith.  We’re hosting a complimentary Health Care webinar on…
Firm News

Ward and Smith Welcomes Professional Licensing Attorney Amy Fitzhugh

July 13, 2022

Health care professional licensing attorney Amy Fitzhugh has joined Ward and Smith. For nearly a decade, Amy served as the North Carolina Board of…
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Responding to a Complaint to the Medical Board

June 29, 2022

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Receiving a letter from the North Carolina Medical Board (the “Board”) that a complaint has been filed against you is distressing.  It often provokes…
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“On-Call” Time in Healthcare Settings: What Is It? When Do You Have To Pay for It? What if You Get It Wrong?

April 27, 2022

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Written By Grant B. Osborne
You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do.    The…
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HIPAA for Labor and Employment Attorneys: What you Need to Know

February 11, 2022

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Written By J. Michael Fields
In their law practices, attorneys can regularly handle sensitive patient information that’s protected under the Health Insurance Portability and Accountability Act (HIPAA).  Lawyers have…
Firm News

Media Mention: Devon Williams Interviewed by Citizen Times on Mandatory Vaccines for Health Care Workers

January 25, 2022

The clock is ticking for some health care workers to get vaccinated.  Medical facilities that receive Centers for Medicare and Medicaid Services funding must get…
Firm News

Ward and Smith Welcomes Professional Licensing Attorney Jim Wilson

January 6, 2022

Ward and Smith is pleased to welcome veteran professional licensing attorney Jim Wilson to the firm’s Raleigh office. He brings with him decades of…
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Current Legal Trends in Healthcare

December 17, 2021

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Written By J. Michael Fields
The health care landscape is ever-changing, shaped by the current pandemic and ongoing changes to the laws and regulations. We recently held a Health…
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Healthcare Highlights: Cyber-Security, Licensing Board Issues, and Employer COVID-19 Regulations

December 3, 2021

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Written By Leigh A. Wilkinson
  Recently, several Ward and Smith attorneys held a Health Care Breakfast and Learn to provide insights on the healthcare industry relevant to their…
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Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case

November 16, 2021

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Litigation usually proceeds at a maddeningly glacial pace. Not this time. The Past The Occupational Safety and Health Administration’s (“OSHA”) well-publicized and controversial Emergency…
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Do a Double Take: Unraveling OSHA’s New Emergency Temporary Standard

October 29, 2021

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Written By X. Lightfoot
This is article is part of a series summarizing key topics discussed at Ward and Smith’s Fall Employment Law Update Webinar. Several Ward and Smith attorneys…
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Biden Administration To Require COVID-19 Vaccinations for Large Employers

September 10, 2021

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Written By Will Oden and Hayley R. Wells
President Biden announced at a press conference at 5:00 p.m. on September 9, 2021, a new, six-pronged national strategy to combat COVID-19 while keeping…
Firm News

Register for Our 2021 Virtual Health Care Breakfast and Learn

September 8, 2021

Physicians and health care professionals, power up your practice with our October 7 Virtual Health Care Breakfast and Learn.  During this webinar, Ward and Smith attorneys…
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How North Carolina is Adapting to a Shortage of Nurses During the COVID-19 Pandemic

August 27, 2021

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As the number of COVID-19 cases in the U.S. accelerates once again, this time in the form of the “delta variant,” the nation faces…
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Common Mistakes to Avoid When Appealing a North Carolina Occupational Licensing Board Decision

June 25, 2021

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Ed. Note: This is the third in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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Appealing Disciplinary Actions of North Carolina Professional or Occupational Licensing Boards

June 9, 2021

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Ed. Note: This is the second in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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North Carolina Occupational Licensing Boards: Disciplinary Hearings and Appeals, 101

May 21, 2021

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Ed. Note: This is the first in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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The HIPAA Right of Access Initiative: Still Going Strong Despite COVID

March 24, 2021

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Written By Leigh A. Wilkinson
In late 2019, the Office for Civil Rights (OCR) at the United States Department of Health and Human Services (DHHS) announced it would be…
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Understanding the Basics of NCDOI Licensee Complaints

March 19, 2021

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Facing an investigation by a licensing board can be one of the most stressful and emotionally taxing challenges that licensed professionals face in their…
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Thousands Hacked: New Cyber-Attacks Affect Organizations Big and Small

March 8, 2021

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Friday afternoon, reports surfaced that a foreign nation had compromised newly-discovered flaws in the Microsoft Exchange Server email software and breached the cybersecurity efforts…
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Increased Threat of Cybercrime in Health Care Industry

November 2, 2020

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The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) are…
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Time for a Checkup: Recent North Carolina Efforts Regarding Telehealth – Part II

October 30, 2020

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Written By J. Michael Fields
In my previous article, I discussed how the public health emergency (PHE) for COVID-19 changed telehealth on the federal level. This is Part II…
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Time for a Checkup: Recent Federal Efforts Regarding Telehealth – Part I

October 28, 2020

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Written By J. Michael Fields
The public health emergency (PHE) for COVID-19 has brought about many changes to the way healthcare is practiced, delivered, and reimbursed. This article will…
Firm News

Register Now for Our Virtual Health Care Breakfast and Learn on October 27

October 7, 2020

The COVID-19 pandemic has reshaped many industries. The health care industry is no exception. We want to help physicians and health care providers navigate…
Firm News

41 Ward and Smith Attorneys Named to “Best Lawyers in America®” for 2021

August 20, 2020

Ward and Smith is proud to announce that nearly half of the firm’s attorneys have been recognized by one of the most respected and trusted…
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COVID Quarantine + Surge in eCommerce = … ADA Discrimination Claims?!

June 19, 2020

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While much about COVID-19 and its long-term impact on businesses and the economy is unknown, its effect of a worldwide increase in a reliance…
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An Employee Cannot be Fired, or Otherwise Discriminated Against, for Being Gay or Transgender

June 15, 2020

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Written By X. Lightfoot and Hayley R. Wells
Today, the Supreme Court of the United States (“SCOTUS”) decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the…
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“Do I Need to Return My PPP Loan?” SBA Extends Safe Harbor Deadline to May 18

May 14, 2020

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Written By William S. Durr
[Ed. Note: The safe harbor deadline has been updated to reflect FAQ 47, published on May 13, which extends the original safe harbor deadline to May…
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The PPP and Health Care Enhancement Act of 2020: Get Ready for Round 2

April 24, 2020

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Written By Joanne H. Badr
The Paycheck Protection Program (“PPP”) and Health Care Enhancement Act of 2020 (“PPP Act”) was signed into law on April 24, 2020. The $484…
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CARES Act Provider Relief Fund – Acceptance of Funds Comes with Conditions

April 20, 2020

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Written By J. Michael Fields
Healthcare providers are among those financially adversely affected by the COVID-19 pandemic.  A survey conducted by the Medical Group Managers Association (“MGMA”) on April…
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The CARES Act and the Healthcare Industry

March 27, 2020

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Written By Leigh A. Wilkinson
This week, the U.S. Senate passed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”) to respond to the COVID-19 crisis.  …
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Are Health Care Providers Exempt from the FFCRA Paid Leave Requirements?

March 26, 2020

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And who is a “health care provider?” These are questions we have grappled with since the Families First Coronavirus Relief Act (“FFCRA”) was enacted…
Firm News

Register Now for 2019 Health Care Breakfast and Learns

June 25, 2019

Do you work in the health care field and want to know more about privacy and security and telemedicine? Come feast on a wealth…
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How Did We Get Here? A Quick Look at North Carolina Occupational Licensing Legislation

January 9, 2019

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During the past four years, numerous bills concerning North Carolina’s occupational licensing boards have been proposed, but few have passed in the legislature and…
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The Affordable Care Act: What’s New in 2018/2019?

December 12, 2018

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Written By Devon D. Williams
Over the past several years, there has been much speculation surrounding the Patient Protection and Affordable Care Act (the “ACA”), including whether it would…
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Professional Defense for Professional Licenses

November 28, 2018

Sometimes it’s best to let professionals do what they do best. I don’t call a real estate agent when I need a flu shot,…
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HIPAA: Responding to Law Enforcement and Administrative Requests and Demands Part I

August 1, 2018

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Written By J. Michael Fields
The Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule attempts to strike a balance between the protection of a patient’s privacy and the…
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Our Firm Let Insurance Providers Compete and Wound Up Saving 13% On Our 2018 Healthcare Costs

December 12, 2017

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Written By Michael R. Epperson
Remember the good old days when healthcare benefits were provided at a premium level for a small additional cost to the employer?  Many of…
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Substance Use Disorder Treatment Providers: Time for a Compliance Check

March 1, 2017

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Written By J. Michael Fields
SAMHSA Amends Confidentiality of Substance Use Disorder Patient Records Regulations On January 18, the Substance Abuse and Mental Health Services Administration (“SAMHSA”), an agency…
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Rejoice: The Return of Premium-Reimbursement Plans for Small Employers

December 12, 2016

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Written By Devon D. Williams
Last week Congress passed H.R. 34, which will exempt certain health reimbursement arrangements (“HRA”), including premium-reimbursement plans, from most Affordable Care Act requirements for…
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Impact of Cloud-Based Software Service Providers on HIPAA Covered Entities and Business Associates

October 31, 2016

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The message from patients to healthcare providers is clear: increase the quality of health services while decreasing cost.  The message from the federal government…
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The Perils of Government Reimbursement for Medical Services: Whistleblowers, the False Claims Act, and The Park Ridge Hospital Settlement

January 21, 2016

On September 21, 2015, the United States Department of Justice announced a settlement between the federal government; the States of North Carolina, Florida, Georgia,…
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.Healthcare, The New .Com?

August 19, 2014

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Prior to 2014, there were 22 domain extensions, called generic top-level domains (gTLDs) (.com, .org, .edu, etc.), available to direct internet users. In response…
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Affordable Care Act Update: Are You Eligible For A Grace Period Until January 1, 2016?

April 11, 2014

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Written By Devon D. Williams
On February 12, 2014, the U.S. Department of the Treasury issued final regulations (“Final Rules”) for the Shared Responsibility for Employers Regarding Health Coverage…
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“T Minus 30 Days”: Are You HIPAA Compliant?

August 22, 2013

Covered entities and business associates have until September 23, 2013 to be compliant with the final omnibus rule that made sweeping changes to the…
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HIPAA: Not Just For Doctors Anymore; Beware The Designation “Business Associate”

May 8, 2013

The final rules implementing the Health Information Portability and Accountability Act (“HIPAA”) became effective in March and apply to persons and companies other than…
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What Employers Need To Know About the Patient Protection and Affordable Care Act

September 5, 2012

On June 28, 2012, the United States Supreme Court upheld nearly every provision of the controversial Patient Protection and Affordable Care Act (“Health Care…