Lance's Corner

FTC Issues Annual Report

May 15, 2024

Per the notice below, the Federal Trade Commission (FTC) has issued its annual report, with a major emphasis on health care issues.

 

FTC Releases Fiscal Year 2023 Annual Report

Report highlights FTC staff’s work to protect consumers and promote competition

Following Public Service Recognition Week, the Federal Trade Commission released its Fiscal Year 2023 Annual Report ( FTC Annual Report) outlining the agency’s work to protect consumers and promote competition.

“The FTC is focused on ensuring that American consumers, workers, and entrepreneurs can enjoy honest markets and the economic liberty that fair and free competition provides,” said FTC Chair Lina M. Khan.  “As detailed in this report, the work of our talented and dedicated staff in FY 2023 made Americans’ lives better in meaningful and material ways—from safeguarding people’s access to affordable healthcare to protecting people’s sensitive data from unchecked surveillance.”

The report lays out the Commission’s work to vigorously enforce the nation’s antitrust and consumer protection laws in a constantly evolving modern economy.  As artificial intelligence and algorithmic decision-making tools proliferated, the FTC’s enforcement and policy efforts have been forward-looking—enabling the agency to stay on the cutting edge as these technologies develop.  In FY 2023, the FTC made programmatic strides to protect Americans’—and especially children’s—privacy; hold companies that defraud the public accountable; stop companies from hiking prices with needless junk fees; shut down subscription tricks and traps; make clear there is no AI exemption for the laws on the books; and ensure that domestic manufacturers, independent repairers, and other small businesses can compete on a level playing field.  As part of its work to protect consumers, the FTC in FY 2023:

  • Sued Amazon for engaging in a years-long effort to enroll consumers into its Prime program without their consent while knowingly making it difficult for consumers to cancel their Prime subscriptions;
  • Announced the largest telemarketing sweep in U.S. history, in partnership with more than 100 federal and state law enforcers, targeting operations responsible for billions of illegal robocalls to Americans;
  • Filed a lawsuit against owners of a money-making scheme that claimed to use artificial intelligence to boost earnings for consumers’ e-commerce storefronts; and
  • Took action to protect Americans’ privacy by bringing several cases.  They included actions against Amazon and Microsoft for violating the Children’s Online Privacy Protection Act, against BetterHelp for deceiving users about their health data sharing practices, against the maker of the Premom app for violating the Health Breach Notification Rule, and against Ring for failing to stop employees from viewing customer videos and hackers from taking control of consumers’ accounts, cameras, and videos.

The FTC also continued to deploy its full toolkit to block anticompetitive mergers, halt anticompetitive practices to monopolize markets, and prevent businesses from using unfair tactics to gain an advantage.  In critical sectors across the economy, the agency brought important and justified, yet challenging, theories and cases and pursued bold remedies to fully restore and prevent competitive harms.  In addition to the FTC’s enforcement work, the agency worked to update U.S. federal enforcers’ merger policy to reflect market realities and help courts develop and clarify the law through amicus briefs.  This work included:

  • Taking action, in partnership with 17 state attorneys general, against Amazon by alleging the company illegally maintained its monopoly power and raised prices for sellers and shoppers;
  • Filing a lawsuit against U.S. Anesthesia Partners and private equity firm Welsh Carson for engaging in a multi-year scheme to monopolize anesthesiology practices in Texas, driving up the prices of anesthesia services for Texas patients to increase profits; and
  • Blocking anticompetitive mergers in sectors across the economy, including the world’s largest health care data provider, IQVIA’s, proposed acquisition of Propel Media, Inc.

Across the agency’s work, the FTC continued to prioritize opening its doors to hear from Americans across the country—including through Open Commission Meetings, comment dockets, public workshops, and listening forums.  The Federal Trade Commission works to promote competition, and protect and educate consumers.  The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize.  You can learn more about consumer topics and report scams, fraud, and bad business practices online at ReportFraud.ftc.gov.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc