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Jan 3, 2019 | New Anti-Kickback Provisions for Certain Facility and Laboratory Referrals

Recently, Congress passed the Eliminating Kickbacks in Recovery Act of 2018 (the “Recovery Act”). The Recovery Act is a part of the larger SUPPORT Act (in particular, Section 8122) comprised of a number of different legislative initiatives designed t...

Jan 3, 2019 | The Road to Success Widens for Students Planning to Graduate in 2019 and 2020

Through the passage of House Bill 491, signed into law by the Governor on December 19, 2018, the Ohio General Assembly has once again provided alternative graduation pathways similar to those applicable to students who graduated in 2018. For the 2019...

Jan 2, 2019 | Taking the "Strict" Out of Treasurer Liability

Treasurers of Ohio school districts and educational service centers have operated for decades under a “strict liability” standard for the loss of public funds. Strict liability is a harsh legal penalty that holds treasurers accountable for damages or...

Dec 12, 2018 | How Much is a Good Name Worth? Ohio Supreme Court Says Damages for Defamation are Capped

In a 4-2 decision, the Ohio Supreme Court has held that Ohio’s statutory cap on noneconomic damages applies to defamation claims.[1]  In light of the Court’s ruling, a $1.55 million jury award obtained by Ann Wayt, a former nurse at Affinity Medical...

Nov 27, 2018 | Crafting Physician Separation Agreements: Protecting Doctors from Negative References and Reviews

Hospital Employer’s Agreement not to say Negative Things about an Ex-Employee may not Apply to Responses to Hospital Staff Credentialing Inquiries In an era where more and more physicians are becoming employed by hospitals or hospital owned groups...

Nov 9, 2018 | Federal Court Overturns CMS Overpayment Rule

A recent ruling by a federal district court could have a significant impact on how certain health insurers, specifically those providing coverage pursuant to Medicare Parts C (i.e., Medicare Advantage insurers) and D (i.e., prescription drug coverage...

Nov 8, 2018 | It's Unanimous: Federal Age Discrimination Law Applies to Public Employers Regardless of Size

In a unanimous ruling issued this week, the U.S. Supreme Court held that the Age Discrimination in Employment Act (“ADEA”) applies to all state and local government employers, even those with fewer than 20 employees.[i] The ADEA protects employees an...

Nov 7, 2018 | CMS Announces Proposed Rules Reducing the Regulatory Burden on Ambulatory Surgery Centers, Hospitals and Other Participating Providers and Suppliers

On September 17, 2018 the Centers for Medicare & Medicaid Services (CMS) announced proposed rules to revise the applicable conditions of participation (CoPs) for providers and conditions for coverage (CfCs) in connection with its efforts to reduce th...

Nov 7, 2018 | 2018 Ohio Mid-Term Election Wrap-Up

Ohio’s reputation as a contentious swing state did not disappoint in the mid-term election.  Yesterday’s federal and state elections revealed that Republicans maintained control of all five statewide offices, including the governor’s race, as well as...

Nov 2, 2018 | Copyright or Wrong?

Today’s internet is fertile ground for inadvertent copyright infringement in an educational setting.  While scanning Facebook or Twitter, one of your teachers may notice a photograph of a historical event and “retweet” it to his or her class.  In ano...

Oct 19, 2018 | FAA Approves Civilian Drone Use Beyond Visual Line of Sight with Radar

Avitas Systems (Avitas), a GE company specializing in enhanced, robotic-based autonomous inspection systems and intelligent inspection planning, received approval earlier this week from the Federal Aviation Administration (FAA) to fly a drone beyond...

Oct 15, 2018 | "It's Like Déjà Vu All Over Again" : The Boeing Micro-Unit Case

It looks like the National Labor Relations Board (NLRB) will have another opportunity to clarify the test for determining whether a micro-unit of employees in a functionally integrated manufacturing plant constitutes an appropriate bargaining unit....

Oct 4, 2018 | Ohio Supreme Court Expands Voluntary Abandonment Defense

In State ex rel. Klein v. Precision Excavating & Grading Co.,[1] decided September 27, 2018, the Ohio Supreme Court ruled a claimant who voluntarily removes himself from his former position of employment for reasons unrelated to the workplace injury...

Sep 13, 2018 | No Citation? No Problem. Employers Can Now Submit a Request to Charge the Surplus Fund Without Proof of a Motor Vehicle Citation

Since the passage of Ohio House Bill 207 in 2016, the Bureau of Workers’ Compensation has excluded the cost of a claim from an employer’s experience if the employer could establish that the claim resulted from a non-at-fault motor vehicle accident in...

Sep 10, 2018 | Competing in the Commonwealth: New Non-Compete Law Brings Big Changes to Massachusetts

Massachusetts has passed legislation that significantly limits the enforceability of non-competition agreements. The Massachusetts Noncompetition Agreement Act (“the Act”) will take effect on October 1, 2018, and will apply to any non-competes entere...

Sep 6, 2018 | IRS Proposed Section 199A Regulations would Limit use of "Crack and Pack" Planning

Section 199A was added to the Internal Revenue Code by The Tax Cuts and Jobs Act (“TCJA”), enacted in December 2017. It provides taxpayers, other than corporations, with an income tax deduction of up to 20% of Qualified Business Income[1] from flow-t...

Sep 4, 2018 | Start that FMLA Clock Running: How to Run FMLA Leave Concurrently with Time Off due to a Work-Related Injury

All of us have a tendency to compartmentalize issues that occur in the workplace. When it comes to a work-related injury, employers in Ohio often compartmentalize the issue by placing it in the “workers’ compensation” box without realizing that the i...

Aug 23, 2018 | Least Restrictive Environment Placements: The Impact of the Endrew F. and L.H. Decisions

On August 20, 2018, the Sixth Circuit affirmed a decision by the United States District Court, Eastern District of Tennessee, finding that the Hamilton County Department of Education failed to provide a student with a disability an educational placem...

Aug 23, 2018 | DOT Aims to Revise Truckers' Hours-of-Service Regulations

The U.S. Department of Transportation (DOT) recently released a statement hinting at possible future changes to the current regulations governing commercial truck drivers’ rest breaks and hours-of-service regulations. The goal is to give truckers mor...

Aug 14, 2018 | The Humpty Dumpty Defense Does Not Work for Hospital in Union Organizing Campaign: The Importance of Carefully Drafting a No-Solicitation Policy

“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,”...

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