Insights

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Sep 27, 2016 | Immediate Action Required by Health Care Providers to Comply With Section 1557 of the Affordable Care Act by October 16, 2016

The U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has finalized new nondiscrimination rules, which implement section 1557 of the Affordable Care Act (“ACA”) (the “Final Rule”) (81 Fed. Reg. 31376). Under Section...

Sep 27, 2016 | Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority

Thomas P. Wert, Certified Circuit Civil Court Mediator and Board Certified Construction Attorney [1] In my mediation experience, the requirements of Rule 1.720 (e), Florida Rules of Civil Procedure, are sometimes ignored by parties. Rule 1.720 (...

Sep 23, 2016 | Home Care Company Had Reasonable Basis for Treating Home Care Workers as Independent Contractors and Was Entitled to a Refund of Employment Taxes

In 2016, the U.S. District Court for the Eastern District of Pennsylvania held in Nelly Home Care, Inc. v. United States, that a home care company and its predecessor were entitled to refunds of employment taxes relating to their home care workers be...

Sep 19, 2016 | A Roetzel Business Litigation Update

Ronald B. Lee and Chris Cotter, members of the Roetzel & Andress litigation team, received a defense verdict for a multi-national company with plants in Ohio on September 14, 2016, in the United States District Court for the Northern District of Ohio...

Sep 19, 2016 | Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases

In a long awaited ruling issued last week, the Supreme Court of Ohio held that a surface owner could only bring a claim for abandonment of a severed mineral interest under the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”) before June 30,...

Sep 19, 2016 | Pipeline Companies Win Key Battles in War for Eminent Domain Rights

On September 12, 2016, Ohio’s Ninth District Court of Appeals in Akron decided the case of Nexus Gas Transmission, LLC v. Donald R. Houston, et al., holding that Nexus Gas Transmission, LLC (“Nexus”) has a statutory right of entry for the purpose of...

Sep 15, 2016 | CMS Allays Concerns Regarding Medicare Quality Payment Program Reporting Starting January 1, 2017

In an effort to allay concerns raised by physicians and other stakeholders in healthcare, the Center for Medicare & Medicaid Services (“CMS”) announced four options that will allow physicians and other providers to “pick their pace of participation”...

Sep 12, 2016 | Nurses and Overtime Pay: Who is Eligible? Who is Exempt?

For our clients who employ nurses, the question arises on occasion as to whether employed nurses are to be considered exempt employees for purposes of the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). We have ne...

Aug 15, 2016 | HHS Issues Guidance on Ransomware Attacks

In July 2016, the Department of Health and Human Services Office of Civil Rights issued guidance (“HHS Fact Sheet”) intended to help health care entities understand and respond to ransomware attacks [1].  Ransomware is a type of malware that deni...

Aug 4, 2016 | With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages

Thomas P. Wert, Board Certified Construction Attorney[1] In late June, the District Court of Appeal of Florida, Fourth District, reiterated that in a breach of contract case, lost revenue alone is typically an improper measure of damages. In...

Jul 26, 2016 | OSHA Delays Enforcement of New Rule's Anti-Retaliation Provisions

On July 13, 2016, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule. Generally, the new rule requires large employers to elect...

Jul 26, 2016 | State Budget Schedule, Tax Changes Expected

Governor Kasich’s Administration recently provided guidance to state agencies regarding upcoming biennium budget requests that included a goal of encouraging Ohio’s economic competitiveness and job growth while restraining state spending. With...

Jul 25, 2016 | Privacy Issues Lead to BIG Fines Under HIPAA

On June 24, 2016, the Catholic Health Care Services of the Archdiocese of Philadelphia (“CHCS”) entered into a “Resolution Agreement and Corrective Action Plan” to settle alleged violations of the Health Insurance Portability and Accountability Act o...

Jul 12, 2016 | Ohio Medical Marijuana Law to Take Effect in September

Ohio’s new medical marijuana bill (HB 523) becomes effective on September 6, 2016. Passed by the Ohio General Assembly at the end of May and signed by Governor Kasich on June 6, the law makes Ohio the 25th state to pass a medical marijuana bill. The...

Jul 11, 2016 | Upcoming State Budget Expected to See Major Tax Changes - "This is a significant budget issue for the state, counties, and transit authorities," says State Budget Director

In the coming weeks, Governor Kasich and the General Assembly will begin drafting Ohio’s two-year state budget. While the official introduction of the budget will take place in February of 2017, discussions about what the budget will entail have alre...

Jun 30, 2016 | What Does "Brexit" Mean For Your Valuable Trademarks and Brands?

By now, most have heard about the potential political and economic consequences of last week’s historic UK vote to exit the EU. What you may not have considered, though, is the effect of “Brexit” on your trademarks and brands. This alert provides som...

Jun 28, 2016 | BREXIT: United Kingdom Withdraws from the European Union

The United Kingdom (UK) voted to leave the European Union (EU) on Thursday, June 23, 2016. The referendum, colloquially known as BREXIT (British Exit), sparked international concerns and upheavals in international markets. The UK has been a member...

Jun 24, 2016 | House Passes Small Business Healthcare Relief Act (HR 5447)

Earlier this week, the House of Representatives, with bi-partisan support, passed the Small Business Healthcare Relief Act (“SBHRA”). Under current provisions of the Patient Protection and Affordable Care Act, an employer that does not maintain a gro...

Jun 22, 2016 | FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process

On Tuesday, June 21, 2016, the FAA issued its long-anticipated rules governing commercial operations of small, unmanned aircraft systems (UAS), otherwise known as drones. The new rules, which have been in the works since companies and drone makers be...

Jun 15, 2016 | Court Denies FTC'S Bid to Prohibit Health System Merger

After a six-day evidentiary hearing, on June 14, 2016, the United States District Court for the Northern District of Illinois issued an opinion denying a request by the Federal Trade Commission (FTC) for a preliminary injunction to block the proposed...

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