Spring 2012
|
This newsletter is prepared as a source of general information concerning recent insurance business and regulatory law developments. If you would like more information, please contact a member of our Insurance Business and Regulatory Law group.
|
April 20, 2012
|
On April 12, 2012, Governor Brewer signed H.B. 2199 creating the Arizona Environmental Privilege Law. The commentary on the law’s impact ranges from accolades that it will encourage Arizona companies to discover and correct environmental problems to dire warnings that the law will allow companies to keep violations of environmental laws secret. In fact, the law may not be as significant as some would have you believe.
|
April 11, 2012
|
A report to Congress by the Centers for Medicare and Medicaid Services indicates many providers are taking advantage of the Stark Law Self-Referral Disclosure Protocol (SRDP) as a viable path to resolve outstanding liabilities and to mitigate potential penalties under the Stark Law. However, it also highlights that resolution under the SRDP can be a slow process.
|
April 9, 2012
|
The Colorado State Legislature has been very active on renewable energy issues over the last few weeks. Three bills have been making steady progress through the House and Senate in Denver, each of which could have a noticeable effect on the state's renewable industries.
|
April 5, 2012
|
In only a few weeks' time, Congress made several important changes to the federal securities laws to aid small businesses.
|
April 4, 2012
|
The U.S. Supreme Court issued a unanimous decision effectively broadening the circumstances under which parties may go to court to seek review from final agency actions.
|
March 30, 2012
|
The Interior Department's U.S. Fish and Wildlife Service released guidelines designed to help wind energy project developers avoid and minimize impacts of land-based wind projects on wildlife and their habitats.
|
March 20, 2012
|
The new Stark & Anti-Kickback Toolkit is now available from the American Bar Association Health Law Section. Polsinelli Shughart Health Care Shareholder Joan Killgore is a member of the Editorial Board that undertook the project to help fill a void in available research tools.
|
March 9, 2012
|
The House of Representatives passed new securities reform legislation, including an exemption that would enable some crowdfunding.
|
March 6, 2012
|
Crowd dynamics, crowd innovation, crowd creativity, crowdsourcing…crowdfunding. All represent the collective power realized when individuals act together. While some of these terms recall longstanding models of behavior, the power of the crowd is creating a new revolution supporting entrepreneurs who seek financing for their business ventures.
|
February 28, 2012
|
The Centers for Medicare & Medicaid Services released a memo that explains the new training requirements for skilled nursing facilities imposed by the Patient Protection and Affordable Care Act of 2010.
|
Feburary 27, 2012
|
The Centers for Medicare and Medicaid Services placed on display a proposed rule for Stage 2 of the Electronic Health Record Incentive Program.
|
February 27, 2012
|
Illinois Governor Pat Quinn is calling for a restructuring of Medicaid in Illinois and proposed cuts during the state's 2013 fiscal year totaling $2.7 billion.
|
February 23, 2012
|
This complimentary hour-long webinar will discuss the changing reimbursement paradigm as well as some of the ways providers can affiliate with physicians to improve reimbursement.
|
February 14, 2012
|
The Centers for Medicare and Medicaid Services (CMS) issued an advance copy of proposed regulations concerning providers' obligations to report and return identified Medicare and Medicaid overpayments, pursuant to section 6402 of the Patient Protection and Affordable Care Act (PPACA).
|
January 31, 2012
|
Health care providers continue to face high leveles of scrutiny from CMS, a variety of auditors and recovery contractors, and state and federal law enforcement. Polsinelli Shughart Shareholders Jeffrey Fitzgerald and Daniel Reinberg will present a free webinar February 21, 2012, on "Fraud and Abuse: A Year in Review."
|
January 27, 2012
|
Top performers in the health care deal community from across the nation will gather to share the latest strategies, trends and approaches to creative deal making. This conference is the venue in the Southwest for peer to peer networking among healthcare company executives and the providers of capital and advisors who support their deal making.
Our Dallas shareholder Jon Henderson is the founding chair of the event, now in its fifth year.
|
January 20, 2012
|
Today (January 20, 2012), the U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius announced it is declining to broaden an exemption for mandatory contraceptive coverage required for non-grandfathered group health plans as part of the Patient Protection and Affordable Care Act (PPACA), but with a limited extension for qualifying religious organizations to delay implementation for another year— until August 1, 2013 — to allow more time for those employers to comply with the new law.
|
January 20, 2012
|
Wind developers in areas used by bald or golden eagles may now be able to get some insight into conservation measures and commitments likely necessary to obtain a "take permit" under the Bald and Golden Eagle Protection Act.
|
January 17, 2012
|
The IRS reopened the offshore voluntary disclosure program for taxpayers with unreported foreign accounts and/or unreported foreign income. Taxpayers participating in the program may avoid criminal prosecution and resolve all outstanding offshore tax issues on a much more favorable basis than that afforded by the IRS on audit.
|
January 13, 2012
|
Section 6102 of the Patient Protection and Affordable Care Act of 2010, as amended by the Healthcare Reconciliation Act 2010 (the Healthcare Reform Law), created a mandatory requirement for skilled nursing facilities to establish a compliance and ethics program as a condition of participation in the Medicare, Medicaid and CHIP programs by the end of 2012.
|
December 23, 2011
|
The House and Senate passed legislation by unanimous consent that defers for two months a scheduled 27.4 percent cut in Medicare physician payments.
|
December 19, 2011
|
The Internal Revenue Service (IRS) has released a draft version of the 2011 Form 990, Schedule H, Hospitals and its instructions.
|
December 16, 2011
|
As year-end approaches, employers should review their employee benefits plans to make sure they have been updated for any changes in the law or for any changes that have been implemented this year.
|
December 6, 2011
|
Join us in Denver January 10 for the 2012 Health Care Regulatory Update. Hear Polsinelli Shughart presenters speak on significant legal and regulatory changes that are important to health care facilities.
|
December 6, 2011
|
The U.S. Department of Health and Human Services (HHS) Office of the Inspector General (OIG) issued its FY 2012 Work Plan recently, which outlines the new and ongoing reviews and activities that the OIG plans to pursue with respect to HHS programs and operations.
|
December 2, 2011
|
The Health Care Innovation Challenge is a funding opportunity for compelling new models of delivery and payment that hold the promise of better health, better health care and lower costs for Medicare, Medicaid and the Children's Health Insurance Program.
|
November 29, 2011
|
From the Polsinelli Shughart Renewable Energy group, this special edition of Renewable News is being published in connection with the Solarpraxis Conference -- PV Power Plants, November 30 - December 1. For more infomation, please contact Energy Chair Frank A. Caro at 913.234.7409, ; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, .
|
November 14, 201
|
The U.S. Supreme Court announced today it will hear a legal challenge to the Patient Protection and Affordable Care Act (PPACA), President Obama's health reform legislation Congress enacted in March 2010.
|
November 4, 2011
|
Click on the link for a high-level summary of the Final Rules related to Section 3022 of the Patient Protection and Affordable Care Act and the "shared savings" program. In addition you may access a recording of a webinar presented by Polsinelli Shughart Health Care attorneys on the Final Rule.
|
October 19, 2011
|
|
October 3, 2011
|
From the Polsinelli Shughart Energy group, this special edition of Renewable News is being published in connection with the Kansas Energy Conference 2011. For more infomation, please contact Energy Chair Frank A. Caro at 913.234.7409, ; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, .
|
September 28, 2011
|
This newsletter is prepared as a source of general information concerning recent insurance business and regulatory law developments. If you would like more information, please contact a member of our Insurance Business and Regulatory Law group.
|
September 23, 2011
|
The new Centers for Medicare and Medicaid Services (CMS) 2012 Final Rule for the Inpatient Prospective Payment System includes several adjustments to payment rates as well as changes to existing regulations.
|
September 2, 2011
|
Health Reform + Related Health Policy News for September 2, 2011.
|
August 17, 2011
|
The Law of Tax-Exempt Organizations is scheduled for October 20-21 in Las Vegas, NV. The conference will feature a comprehensive review of many issues facing tax-exempt organizations, including charitable giving, joing venture planning, fundraising, governance, executive compensation, unrelated business income rules and planning to avoid private inurement and private benefit.
|
August 5, 2011
|
The federal agency that administers construction projects has begun routine verification of contractors' and subcontractors' implementation of the required federal Contractor Code of Business Ethics and Conduct program. Polsinelli Shughart's Government Contracting group provides guidance and affordable compliance solutions to clients doing business with the government.
|
July 29, 2011
|
The IRS has issued guidance on the community health needs assessment (CHNA) requirements imposed on tax-exempt hospital organizations.
|
Summer 2011
|
E.P.I. Center is a newsletter for the Historically Black Colleges and Universities (HBCUs) and Minority-Serving Institutions (MSIs) community. Questions may be directed to Polsinelli Shughart Shareholder Anita Estell, 202.626.8326, or
aestell@polsinelli.com.
|
July 15, 2011
|
With the effective date fast approaching for the part of the Dodd-Frank law reallocating the regulatory responsibility for investment advisers between the Securities and Exchange Commission (SEC) and the states, the SEC has finally provided definitive dates and deadlines that must be observed by mid-sized investment advisers in transitioning from SEC registration to state registration.
|
July 14, 2011
|
The Centers for Medicare and Medicaid (CMS) released its final rule making changes to Medicare Conditions of Participation for hospitals and critical access hospitals to create a new process for the credentialing and privileging of telemedicine practitioners.
|
July 14, 2011
|
Wind and solar developers in the state of Kansas are subject to a number of new requirements, the most notable of which relate to the sale, lease or easement of property related to solar or wind energy projects.
|
July 6, 2011
|
The Department of Health and Human Services has released a notice of proposed rulemaking (NPRM) to implement the statutory requirement under the Health Information Technology for Economic and Clinical Health Act. HHS is seeking comments from the public through August 1, 2011, which will be considered by HHS prior to finalizing the new requirements.
|
June 22, 2011
|
The Department of Health and Human Services has released a notice of proposed rulemaking (NPRM) to implement the statutory requirement under the Health Information Technology for Economic and Clinical Health Act. HHS is seeking comments from the public through August 1, 2011, which will be considered by HHS prior to finalizing the new requirements.
|
May 19, 2011
|
"The Law of Tax-Exempt Organizations" has just been published in its tenth edition. The easy-to-use reference -- written in plain English -- is a guide to helping nonprofit executives understand the law issues at hand and make informed decisions.
|
May 13, 2011
|
The Federal Register published the Final Rule regarding the implementation of the hospital value-based purchasing (VBP) program after the Centers for Medicare & Medicaid Services released the Final Rule in April 2011. Hospitals must act now if they wish to have the greatest chance at reimbursement under the VBP program.
|
April 25, 2011
|
The proposed rule implementing the Medicare Accountable Care Organization (ACO) Program (also referred to as the Shared Services Program) raises many questions and concerns among healthcare stakeholders.
|
March 28, 2011
|
This newsletter is prepared as a source of general information concerning recent insurance business and regulatory law developments. If you would like more information, please contact a member of our Insurance Business and Regulatory Law group.
|
February 25, 2011
|
Polsinelli Shughart PC attorneys acted as legal advisors in Monsanto's acquisition of Divergence, Inc., a privately held St. Louis-based biotechnology research and development company.
|
February 14, 2011
|
A new initiative from the FDA's Center for Devices and Radiological Health is attempting to lay a foundation for a number of actions which will "encourage innovation, streamline regulatory and scientific device evaluation and expedite the delivery of novel, important, safe and effective innovative medical devices to patients."
|
January 28, 2011
|
CyDex Pharmaceuticals, Inc. announced that its stockholders have voted to approve an Agreement and Plan of Merger between CyDex and Ligand Pharmaceuticals Incorporated (NASDAQ: LGND). Polsinelli Shughart's Life Sciences group acted as legal advisor to CyDex in the successful exit transaction.
|
January 20, 2011
|
Recently passed federal legislation postponed the expiring Bush tax cuts. For businesses and individuals, this new legislation provides new tax incentives and retroactive tax benefit extenders.
|
January 19, 2011
|
|
January 19, 2011
|
The Centers for Medicare & Medicaid Services issued a proposed rule regarding Medicare's Value Based Purchasing (VBP) Program to reward hospitals for providing high quality, safe patient care. Hospitals must act now if they wish to have the greatest chance at reimbursement under the VBP Program.
|
December 14, 2010
|
Join a distinguished panel of Polsinelli Shughart speakers as they provide a comprehensive look at the most crucial issues affecting tax-exempt entities during the two-day Advanced Nonprofit Law Institute, February 24-25 in Miami, FL.
|
December 1, 2010
|
The Centers for Medicare and Medicaid Services released the final rule on hospital visitation that allows patients to designate their own visitors during a hospital stay. The rule, which will apply to any hospital that participates in Medicare or Medicaid, will go into effect January 16, 2011.
|
November 30, 2010
|
The Department of Labor has released final rules on what disclosures are required to be made by qualified plan fiduciaries who offer participant-directed investments under a defined contribution plan.
|
November 19, 2010
|
Revisiting executive compensation arrangements for Code Section 409A before the end of 2010 and identifying any potential documentation errors will allow you to avoid some significant IRS penalties.
|
November 15, 2010
|
The Tax and Business Planning group provides these e-Alerts periodically to keep our clients, taxpayers and businesses updated on recently adopted legislation and key changes in tax laws.
|
November 3, 2010
|
The Environmental Protection Agency (EPA) recently issued a draft guidance document describing methods for health care faculties to legally manage and dispose of unused pharmaceuticals and avoid violating federal or state laws.
|
November 1, 2010
|
On November 1, 2010, the Treasury Department began announcing the recipients of awards under the Qualifying Therapeutic Discovery Project Tax Credit program, which authorized up to $1 billion in tax credits or grants to biopharmaceutical companies with 250 or fewer employees. A number of Polsinelli Shughart clients were successful in receiving grants.
|
October 5, 2010
|
|
October 5, 2010
|
|
August 19, 2010
|
"The Law of Tax-Exempt Organizations" is scheduled for Thursday, September 30 - Friday, October 1 in Las Vegas. The conference will feature attorneys from Polsinelli Shughart's Nonprofit Organizations group speaking on a wide variety of issues facing tax-exempt organizations. Click on the link for topic details and registration information.
|
June 28, 2010
|
The U.S. Supreme Court issued its decision in Bilski v. Kappos and eliminated some of the uncertainty that had been caused by the Federal Circuit's bright-line machine-or-transformation test for patentable subject matter of method patents. As a result, there will be continuing patent protection for computer software, computer-based business methods and medical diagnostics.
|
May 24, 2010
|
The Treasury Department has issued Notice 2010-45, which established the Qualifying Therapeutic Discovery Project Tax Credit Program pursuant to the provisions of the Affordable Care Act of 2010. The Notice establishes the rules, definitions, forms and procedures for applying for the $1 billion of tax credits or grants (for taxpayers that are in a loss position) for up to 50 percent of "Qualified Investments" made or expected to be made during the 2009 and 2010 tax years in Qualified Therapeutic Discovery Projects (each, a "Project").
|
February 25, 2010
|
As part of the Health Information Technology for Economic and Clinical Health Act, the Office of the National Coordinator for Health Information Technology (ONCHIT) released on December 30, 2009, an Interim Final Rule (IFR) that was published in the Federal Register on January 13. That IFR detailed the initial set of standards, implementation specifications and certifications criteria that must be achieved in order to demonstrate the first stage of the "meaningful use" of electronic health record (EHR) technology and, by doing so, establish eligibility for various incentive programs.
|