Insights

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Dec 20, 2016 | New Anti-Kickback Safe Harbors

On December 7, 2016, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), issued a final rule creating additional “safe harbors” for the Federal Anti-Kickback Statute (42 USC § 1320a-7b(b) et seq.) (AKS), which will g...

Dec 12, 2016 | Ohio Legislature Concludes 131st General Assembly in Marathon Session Lasting Until 3:30 AM Last Friday

After a whirlwind final week of the lame duck session, where the Legislature passed various, often times emotion-evoking measures (including gun rights, abortion, unemployment compensation fund changes, municipal minimum wage pre-emption, and modific...

Dec 12, 2016 | Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule

On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a nationwide injunction again...

Dec 9, 2016 | Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law

Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement Servs., Inc. v Indus. Comm.,...

Dec 8, 2016 | How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit

This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016).  The appeal began like any other: the appellant sought review from...

Dec 6, 2016 | Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”) regulation which would cut off fe...

Dec 5, 2016 | Expanding Horizons for Startup and Small Companies Raising Capital

If you are a startup or small company looking to raise funds from investors, newly amended Rule 504 should catch your eye. Effective January 20, 2017, Rule 504 of Regulation D will allow startups and small companies to sell securities in an amount up...

Dec 5, 2016 | Recent Developments Following the Issuance of an Injunction Against the DOL's Implementation of New Overtime Regulations

As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL from implementing the new...

Nov 23, 2016 | Breaking News: Texas Federal Court Judge Issues Nationwide Injunction Against DOL, Bringing New Overtime Regulations to Abrupt Halt

In a surprise move, Judge Amos Mazzant III of the United States District Court for the Eastern District of Texas has issued a nationwide injunction against implementation of the new Fair Labor Standards Act (“FLSA”) overtime regulations, which were s...

Nov 22, 2016 | Florida Medical Marijuana Law Will Take Effect January 2017

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law will have far-reaching effe...

Nov 18, 2016 | "No Contract" Disclaimer in Employee Handbook Upheld by Illinois Court

Employee handbooks have long been a trap for the unwary employer that desires merely to establish a set of rules and policies without undermining an at-will employment relationship with its employees. To avoid establishing unintentional contracts wit...

Nov 17, 2016 | 2017 Physician Fee Schedule Includes Clarification of Space and Equipment Rental Exception Under Stark Law

The Department of Health and Human Services Center for Medicaid and Medicaid Services (“CMS”) recently finalized the Calendar Year 2017 Physician Fee Schedule (“2017 Fee Schedule”), which includes a restatement of a provision under the law known as t...

Nov 17, 2016 | The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For

With the recent passing of the Florida Medical Marijuana Law, there are two primary concerns for community associations and country clubs as it relates to this new amendment: Do you have rules in place regarding usage on your property? Have y...

Nov 17, 2016 | NLRB's Persuader Rule Permanently Dead

Labor lawyers at Roetzel have warned clients about the National Labor Relations Board’s (NLRB) controversial “Persuader Rules” for five years. However, thanks to a court in Texas that permanently enjoined the rule, we no longer have to worry that it...

Nov 15, 2016 | Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review whether they have complied....

Nov 9, 2016 | Post-Presidential Election Outlook

Donald J. Trump (R) defeated former Secretary of State Hillary Clinton (D) to become the 45th President of the United States of America, ending a long campaign season. The Republicans also kept majorities in the U.S. House and U.S. Senate. The electi...

Nov 9, 2016 | Post-General Election Outlook

Yesterday was an eventful 2016 General Election Day with federal and state races spanning the President, U.S. Senate, U.S. House, Ohio Supreme Court, and Ohio General Assembly.  Below are the outcomes of the races.  Presidential Donald J. Trum...

Nov 7, 2016 | Ohio Supreme Court Rules in Landowner Royalty Case

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties in Ohio.   In the case...

Oct 27, 2016 | New HIPAA Guidance Sheds Light on Existing Rules

Recently, regulators issued new guidance related to the Health Insurance Portability and Accountability Act (“HIPAA”), Pub.L. 104–191, 110 Stat. 1936, enacted August 21, 1996. Specifically, on October 6, 2016, the Department of Health and Human Servi...

Oct 19, 2016 | Home Health Pre-Claim Review Halted - Except for Illinois Agencies

In August 2016, the Centers for Medicare and Medicaid Services (“CMS”) began a Pre-Claim Review (“PCR”) demonstration for all Illinois-based home health agencies. CMS described the intent of the PCR demonstration as testing whether PCR would improve...

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