Understanding the Department of Justice’s Safe Harbor policy for voluntary self-disclosures in mergers and acquisitions

BY Jaime Pego Curcio – Advisory Principal, Matthew Colford – Advisory Director, Marissa Fremont – Advisory Director, Forensic Practice, KPMG The U.S. Department of Justice (DOJ) has introduced a new Safe Harbor Policy (hereafter referred to as the Policy) for voluntary self-disclosures made in connection with mergers and acquisitions (M&A). The Policy builds on prior DOJ actions, including: The Deputy Attorney General’s September 2022 memorandum (Monaco Memo – see KPMG Regulatory Alert here) Revisions to...

Suit alleges United illegally used AI to deny care and increase profits

BY Blinn E. Combs, Esq and Michael Alexander, Esq., Brown & Fortunato, P.C. On November 14, two plaintiffs lodged a class action suit against UnitedHealth Group, Inc. (“United”) in the U.S. District Court in Minnesota, where United is headquartered. The complaint alleges that United used artificial intelligence (“AI”) to illegally deny coverage to potentially thousands of United customers who had purchased Medicare Advantage plans from the insurer. The suit is a fresh reminder of AI’s...

Get ahead of the great TCJA Sunset: Three key considerations to mitigate tax breaks vanishing

BY Catherine Lightfoot, CPA, CHBC, Director, Healthcare, EEPB Remember the Y2K drama? As the year 2000 approached, many believed computer systems originally coded in two-digit date format (MM/DD/YY) would not interpret the “00” correctly and throw us back to 1900, causing a major malfunction with profound business implications. It is now Deja vu in the tax arena with respect to the U.S. Tax Cuts and Jobs Act (TCJA). As several TCJA-related rules are scheduled to...

Employers beware: New federal partnership shines spotlight on workplace safety and health programs

BY Chantell Foley, Partner, and Alba Aviles, Of Counsel, Fisher Phillips Employers, including healthcare organizations, should prepare for increased safety and health enforcement efforts now that federal labor and workplace safety officials have entered a partnership to bolster whistleblower protections. Specifically, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced on October 31 that they entered into an agreement to enhance information sharing and cross-agency consultations, training, outreach, and...

Hospitals squelch looming trouble in COVID, immigration bills

BY John Hawkins, President and CEO, THA   Like most people, we were hoping it was all over. But once again, we rose to make our case – and protected Texas hospitals and health care.   Months after the 88th regular session of the Texas Legislature ended – successfully for health care on many fronts, thanks to fierce THA advocacy – Gov. Greg Abbott called for the third extra session of the year. Hospitals and...

Take time to invest in the Physician-Patient relationship

BY Samuel Mathis, MD, Assistant Professor, UTMB   Recently, I have spent a significant amount of time helping a family member navigate the healthcare system. As the physician in the family, I’ve been on call during rounds, participated in family meetings, and even been present for resident and faculty evaluations while staying with the family members. This experience has been eye-opening for me to watch the various ways physicians interact with the patient and their...

Study identifies RNA-binding proteins as novel drivers of DNA damage repair defect

Mutations in DNA repair genes are known drivers of hereditary cancers. However, only a small fraction of patients with hereditary breast or ovarian cancers has BRCA1/2 mutations, which are involved in homologous recombination (HR) DNA repair. Researchers led by Nidhi Sahni, Ph.D., calculated scores across tumors from The Cancer Genome Atlas to comprehensively identify tumors that were either positive or negative for HR defects. Around 75% of tumors with a positive HR score did not have defects in known HR genes,...

Avelumab combinations do not improve responses in patients with advanced gynecologic malignancies

The immune checkpoint inhibitor avelumab has been approved for multiple cancer types, but has thus far had mixed results in gynecologic patients. A study led by Aung Naing, M.D., was designed to evaluate whether combining avelumab with a 4-1BB agonist (utomilumab), an OX40 agonist (PF-04518600) or radiotherapy would increase efficacy. Although the combinations proved to be safe, they did not produce significant responses in this heavily pretreated population. In 35 patients evaluated, the overall response rate (ORR) was 2.9% and...

Hidden microprotein has functional role in colorectal cancer gene regulation

The human genome contains thousands of non-canonical open reading frames (ORFs) with the potential to encode functional proteins, including microproteins. These unannotated, cryptic proteins are not easily detected by conventional approaches and are considered part of the “dark” proteome. Previous studies have highlighted the tumor-suppressive function of some microproteins in colorectal cancer (CRC), but their role in cancer remains largely unknown. To provide further insights, researchers led by Yiwen Chen, Ph.D., used an integrated multiomic approach combining ribosome...

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