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HIPAA Clarity for the Mobile Health Industry Email Alert
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Prepared by Qualified Plans and Plan Transactions and Terminations Committees of the Employee Benefit Group of RPTE

January 13, 2014
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January 7, 2014
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December 31, 2013
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November, 19 2013
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October 31, 2013
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October 25, 2013
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October 18, 2013
eAlerts Alerts
From the Polsinelli Insurance Business and Regulatory Law group. This newsletter features important developments in the insurance industry.
October 2013
eAlerts Alerts
October 17, 2013
eAlerts Alerts
A summary of issues to consider regarding your business' U.S. operations
October 2013
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October 14, 2013
eAlerts Alerts
October 2, 2013
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October 1, 2013
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September 27, 2013
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September 27, 2013
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September 25, 2013
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September 25, 2013
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September 25, 2013
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September 18, 2013
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September 5, 2013
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August 30, 2013
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August 29, 2013
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August 29, 2013
eAlerts Alerts
Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma, restoring a $15 million judgment against Ford Motor Co. The lower appellate court had found the opinion without foundation and had excluded it under the Maryland Frye doctrine.
August 15, 2013
eAlerts Alerts
August 2, 2013
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August 2013
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July 29, 2013
eAlerts Alerts
July 29, 2013
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July 24, 2013
eAlerts Alerts
In the term that just ended, the Supreme Court of the United States decided five class action cases, more than in any recent term. These decisions continued, for the most part, the Court's trend of making it harder for plaintiffs to certify a potential class action. In this eAlert, we discuss these decisions and examine their likely impact on class action litigation going forward.
July 22, 2013
eAlerts Alerts
Chris Ward, Co-Chair of Polsinelli's Bankruptcy and Financial Restructuring Practice and Managing Shareholder of Polsinelli's Delaware office, recently participated in a roundtable discussion with Financier Worldwide. The discussion highlighted recent trends in bankruptcy litigation, creditors' strategies for exerting more influence on the bankruptcy process, and creative and consensual solutions to full-scale litigation, as well as the benefits of alternative dispute resolution methods.
July 15, 2013
eAlerts Alerts
Whether it is a tweet by a disgruntled employee, a damaging review by a competitor, or a disparaging Facebook status by a former employee, business should be prepared to confront negative exposure in social media.
July 11, 2013
eAlerts Alerts
On June 26, 2013, the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act ("DOMA"), which barred federal recognition of same-sex marriages. The Court ruled that DOMA denied equal protection under federal law to same-sex couples lawfully married in New York, the District of Columbia, and the 11 other states that have enacted laws permitting same-sex marriages. The ruling will impact more than 1,000 federal laws that create rights based on marital status.
July 10, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Health Care legal and Public Policy professionals.

July 9, 2013
eAlerts Alerts
On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA"). As a result, the "shared responsibility" scheduled to take effect January 1, 2014 will be delayed for one year, and the IRS will not assess penalties on impacted employers for failing to offer coverage in 2014. The IRS has indicated that additional guidance will be issued within the coming weeks on the reporting requirements and the delayed effective date.
July 3, 2013
eAlerts Alerts
The Indiana Insurance Department ("Department") recently amended its Non-Resident Third Party Administrator Application ("Non-Resident TPA Application").
July 2, 2013
eAlerts Alerts
On April 5, the IRS published proposed regulations regarding Section 501(r)(3) and the related reporting requirements of Section 6033 (the Proposed Regulations). The Proposed Regulations provide updated guidance on the community health needs assessment (CHNA) requirements applicable to hospital organizations described in Section 501(c)(3). The Proposed Regulations also address the consequences of a hospital organization's failure to comply with the requirements imposed by Section 501(r), which is the subject of a separate Polsinelli Update.
July 1, 2013
eAlerts Alerts
The U.S. Supreme Court granted the Obama administration's petition for a writ of certiorari in the case of NLRB v. Noel Canning, et al. and will decide next year if President Barack Obama's previous recess appointments to the National Labor Relations Board were unconstitutional.
June 26, 2013
eAlerts Alerts
On Monday, the Supreme Court of the United States issued two important opinions for employers facing liability and retaliation claims brought under Title VII of the Civil Rights Act of 1964 ("Title VII"). A precise analysis of those decisions, and their potential implications for employers, follows.

June 25, 2013
eAlerts Alerts
On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that considers the propriety of two Federal Energy Regulatory Commission ("FERC") orders pertaining to cost allocation for new transmission projects bringing renewable energy from remote locations in the Midwest to population centers.
June 25, 2013
eAlerts Alerts
On May 8, 2013, the Department of Labor (DOL) issued additional guidance to help employers comply with upcoming requirements under the Patient Protection and Affordable Care Act of 2010 (the "Affordable Care Act" or "ACA"). DOL Technical Release No. 2013-02 provides more details for affected employers regarding the provision of written notice to employees about health insurance coverage options available through the employer or the State or Federal new Health Insurance Marketplace (the "Exchange") that go into effect in 2014.
June 11, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Health Care legal and Public Policy professionals.
June 10, 2013
eAlerts Alerts
June 7, 2013
eAlerts Alerts
The health care industry now has new guidance on individuals and entities excluded from participation in Federal health care programs. In a Special Advisory Bulletin issued on May 8, 2013 ("Bulletin"), the Department of Health and Human Services Office of Inspector General ("OIG") provided updated guidance to providers on what types of relationships with excluded individuals or entities could subject providers to penalties, how best to determine whether an individual or entity is excluded from a Federal health care program and how to limit liability associated with employing or contracting with excluded individuals or entities. The last time the OIG provided a bulletin on the exclusion rule was in a Special Advisory Bulletin from September, 1999.
May 31, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Health Care legal and Public Policy professionals.
May 30, 2013
eAlerts Alerts
May 30, 2013
eAlerts Alerts
Beginning in 2014, the Affordable Care Act of 2010 (the "Act") will prohibit group health plans and group health insurers from imposing waiting periods greater than 90 days of employment.
May 24, 2013
eAlerts Alerts
As one of the final acts of the legislative session, on May 17th the Missouri legislature approved an amendment that will phase out the Missouri solar rebate between 2014 and 2020. The approved amendment was based largely upon similar legislation that was supported by the Missouri solar industry trade group, MOSEIA, as well as the Missouri public utilities.
May 23, 2013
eAlerts Alerts
As of April 5, 2013 and in response to budget sequestration, the Centers for Medicare & Medicaid Services (CMS) warns that revisit surveys for skilled nursing facilities will be delayed and approval requirements for subsequent revisit surveys will be more stringent.
May 16, 2013
eAlerts Alerts
On April 25, 2013, the IRS released its College and University Compliance Project Final Report, which updates the interim report issued in 2010. The Final Report focuses on the unrelated business income activities and executive compensation paid by colleges and universities throughout the country, but notes that these issues may be present throughout the tax-exempt sector.
May 14, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Health Care legal and Public Policy professionals.
May 10, 2013
eAlerts Alerts
On May 7, a three-judge panel of the United States Court of Appeals for the District of Columbia unanimously struck down a rule of the National Labor Relations Board ("NLRB") that would have required employers to post a notification to employees of their rights under the National Labor Relations Act ("Act").
May 10, 2013
eAlerts Alerts
The Office of the Inspector General (OIG) released a Special Fraud Alert on March 26, 2013 warning that physician-owned distributorships (PODs) are "inherently suspect" under the Anti-Kickback Statute (AKS). Generally speaking, the Anti-Kickback Statute prohibits any remuneration made to purposefully induce or reward physician referrals that are reimbursable by a federal healthcare program. The OIG expressed concern that the various financial incentives available to physician-owners of PODs could induce physicians to perform more procedures or increase the use of devices sold by the POD. These financial incentives could constitute illegal remuneration under the AKS.
May 9, 2013
eAlerts Alerts
On April 25, 2013, the Colorado Court of Appeals held that the Colorado Lawful Activity statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. But one judge dissented from the decision, and the case seems poised for review by the Colorado Supreme Court.
May 7, 2013
eAlerts Alerts
Last week, a subsidiary of American fashion designer Ralph Lauren Corporation made global news for violations of The Foreign Corrupt Practices Act of 1977 ("FCPA"). In short, FCPA prohibits covered entities – i.e., those that reside in the United States or entities that are considered "issuers" under the securities laws of the United States – from paying anything of value to a foreign government official to obtain or retain a business advantage or for the purpose of directing business to any person.
May 6, 2013
eAlerts Alerts
From Polsinelli's Insurance Business and Regulatory Law Group. This quarterly newsletter features important developments in the insurance industry.
May 3, 2013
eAlerts Alerts
The Polsinelli Renewable Energy group's Renewable News Newsletter provides up-to-date information on issues facing the renewable energy industry. For more information, please contact Energy Chair Frank A. Caro at 913.234.7409, fcaro@polsinelli.com; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, aanderson@polsinelli.com
May 2013
eAlerts Alerts
The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In Carmody v. Kansas City Board of Police Commissioners, No. 12-3051, police officers sued under the FLSA alleging they were given flextime or time off rather than receiving overtime compensation for hours worked over 40.
May 2, 2013
eAlerts Alerts
The SEC has adopted a rule requiring SEC reporting companies to provide disclosures about conflict minerals that are "necessary to the functionality or production of a product manufactured by the company." Conflict minerals include cassiterite, columbite-tantalite, gold and wolframite and their derivatives originating from the Democratic Republic of the Congo or any adjoining country, called the "covered countries." Adoption of the rule was mandated by a section of the Dodd-Frank Act aimed at reducing the funding for armed groups that are committing human rights abuses in the Democratic Republic of the Congo. It is anticipated that the rule will directly impact thousands of SEC reporting companies and indirectly impact many more of their suppliers.
May 2, 2013
eAlerts Alerts
Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring confidentiality during workplace investigations.
April 30, 2013
eAlerts Alerts

 

April 26, 2013
eAlerts Alerts
On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case may be helpful for employers defending collective actions by giving defendants an opportunity for early dismissals in some cases.
April 19, 2013
eAlerts Alerts
On April 12, 2013, the Center for Medicare and Medicaid Services ("CMS") created the "Open Payments" website where reported information under Section 6002 of the Affordable Care Act ("ACA"), commonly referred to as the "Physician Payment Sunshine Act," will be made available to the public.
April 17, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.
April 16, 2013
eAlerts Alerts
On March 21, Lois Lerner, the Director of the Exempt Organizations Division of the Internal Revenue Service, announced an IRS investigation of organizations that self-declare rather than apply to the IRS for recognition of tax-exempt status. Ms. Lerner made the announcement at the annual Washington Non-Profit Legal & Tax Conference in Arlington, Virginia.
April 15, 2013
eAlerts Alerts
April 9. 2013
eAlerts Alerts
On April 1, 2013, increases to certain dollar amounts provided for in the United States Bankruptcy Code will go into effect for all cases filed on or after April 1, 2013. The most relevant increases are with respect to the amount of priority claims allowed under the Bankruptcy Code.
April 3, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.
April 1, 2013
eAlerts Alerts
On March 13, 2013, the Centers for Medicare & Medicaid Services (CMS) issued a ruling contrary to its traditional billing policy regarding payment of Part B inpatient services following denial of a Part A claim. Ruling CMS-1455-R came about in response to an increasing number of Administrative Law Judge (ALJ) and Medicare Appeals Council decisions relating to RAC audit appeals which, while upholding Part A denials based on determinations that inpatient admissions were not reasonable and necessary, ordered payment under Part B as if services were rendered at an outpatient or "observation level" of care. The Ruling allows providers to submit Part B inpatient claims for a more expansive range of services upon denial of Part A claims during RAC appeals.
March 22, 2013
eAlerts Alerts
A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and definitively held that putative class members are not bound by plaintiff stipulations. As a result, the Court removed an obstacle that had prevented otherwise removable actions (under CAFA) from being litigated in federal court.
March 20, 2013
eAlerts Alerts
What Hospitals Need to Know About Payment Changes in 2013
March 20, 2013
eAlerts Alerts
In 2012, two decisions were published regarding Missouri foreclosure law and how obligors' deficiencies should be measured following foreclosures. The decisions were somewhat surprising given that Missouri law has been long-settled regarding how to measure deficiencies following foreclosures, and given that the long-settled law seemed well-justified by Missouri's statutory scheme governing foreclosure sales.
March 14, 2013
eAlerts Alerts
On January 17, 2013, the U.S. Department of Health and Human Services (HHS) released final regulations under the Health Insurance Portability and Accountability Act (HIPAA), which implement changes made by the Health Information Technology for Economic and Clinical Health Act (HITECH). Group health plans and business associates must come into compliance with the final regulations by September 23, 2013, although group health plans may have an additional 12 months to bring existing business associate agreements into compliance with these final regulatory requirements.
March 13, 2013
eAlerts Alerts
In a Feb. 13, 2013 Federal Trade Commission (FTC) advisory opinion, the agency concluded it would not challenge joint contracting and other activities by a Norman, Oklahoma based physician-hospital organization (PHO). The opinion was novel in several ways.
March 12, 2013
eAlerts Alerts
On February 8, 2012, the Centers for Medicare and Medicaid Services ("CMS") published a final rule ("Rule") for what is commonly referred to as the Physician Payment Sunshine Act ("Act"), which was passed as Section 6002 of the Affordable Care Act. The Act requires certain manufacturers of medical drugs, biologicals, and devices and certain group purchasing organizations (defined in the Rule as "applicable manufacturers" and "applicable GPOs") to report to CMS payments or other transfers of value made to certain physicians and teaching hospitals (defined in the Rule as "covered recipients") and certain physician owners or investors. CMS will make these reports available for public review. The Act is part of CMS' efforts to create greater transparency between medical manufacturing companies and providers, whose relationships have historically drawn scrutiny from CMS and other governmental agencies. The Rule requires applicable manufacturers and applicable GPOs to gather reportable data beginning on August 1, 2013 and submit their first reports on March 31, 2014. CMS will release the data publicly by September 30, 2014.
March 6, 2013
eAlerts Alerts
The Bankruptcy Court for the District of Delaware recently issued an opinion confirming a chapter 11 plan (i) based on a lock-up agreement between the debtor and its major creditors and (ii) containing third party releases that bound creditors unless they affirmatively "opted out" in a ballot actually returned to the balloting agent. In In re Indianapolis Downs, LLC, Judge Shannon confirmed the debtors' joint plan over the objection of the United States Trustee and several other creditors, holding to a theme espoused numerous times throughout the case: "that the filing of a Chapter 11 petition is an invitation to negotiate." In re Indianapolis Downs, LLC, No. No. 11-11046, 2013 WL 395137, at *7 (Bankr. D. Del. Jan. 31, 2013).
March 4, 2013
eAlerts Alerts
Beginning in 2014, the Affordable Care Act's (ACA) individual mandate requires most individuals to have "minimum essential coverage" or pay a "shared responsibility payment." In upholding the individual mandate last summer, the United States Supreme Court held that the individual mandate is not a legal command to buy insurance but rather a tax. Given this, if uninsured individuals do not obtain coverage they will be forced to pay a shared responsibility payment to the IRS at the end of the tax year.
March 1, 2013
eAlerts Alerts
March 2013
eAlerts Alerts
February 26, 2013
eAlerts Alerts
February 21, 2103
eAlerts Alerts
We'd like to share these convenient, video form presentations and handouts taken from our recent event co-sponsored by Polsinelli's national Health Care Practice Group and the Colorado Hospital Association.
February 14, 2013
eAlerts Alerts
The final HIPAA omnibus rule published in the Federal Register on January 25, 2013, (the Final Rule) expands certain individual rights, including the right to access protected health information (PHI) maintained electronically and the right to restrict disclosures to health plans when paying out of pocket. This e-alert discusses these changes in more detail and provides some guidance to Covered Entities on how to implement these changes by September 23 – the required compliance date.
February 14, 2013
eAlerts Alerts
Changes Related to Marketing, Research, Fundraising and the Sale of Protected Health Information and Other Significant Changes
The final HIPAA omnibus rule published in the Federal Register on January 25, 2013 (the Final Rule) made a few changes to the Breach Notification Rule, which was implemented by an interim final rule shortly after the passage of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and became effective September 23, 2009 (the Interim Final Rule). Most significantly, the Final Rule altered the definition of "breach" – which will reshape how Covered Entities and Business Associates determine their breach notification obligations in the future.
February 13, 2013
eAlerts Alerts
The final HIPAA omnibus rule published in the Federal Register on January 25, 2013 (the Final Rule) made a few changes to the Breach Notification Rule, which was implemented by an interim final rule shortly after the passage of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and became effective September 23, 2009 (the Interim Final Rule). Most significantly, the Final Rule altered the definition of "breach" – which will reshape how Covered Entities and Business Associates determine their breach notification obligations in the future.
February 8, 2013
eAlerts Alerts
The Illinois Department of Financial and Professional Regulation Sends Open Letter on Physician Licensing Delays
In a recent open letter, the Illinois Department of Financial and Professional Regulation (the "Department") advised providers of cuts in the Department's Medical Unit that will negatively impact the state's healthcare profession. The open letter explained that the Department's costs have doubled, in part due to physicians' fee levels remaining unchanged since 1987 and due to a cut in funding, the Department can no longer provide the level of service previously provided in processing physician license applications and renewals.
February 6, 2013
eAlerts Alerts
CMS Announces Round 2 Competitive Bidding Single Payment Amounts
CMS recently announced the single payment amounts for competitively bid items under Round 2 of the Durable Medical Equipment Prosthetics, Orthotics and Supplies (DMEPOS) competitive bidding program. CMS said that the payment levels will fall an average of 45 percent from the fee schedule amounts for the DMEPOS products.
February 6, 2013
eAlerts Alerts
Some of the most significant changes that were made by the final HIPAA omnibus rule, published on January 25, 2013, in the Federal Register (the Final Rule) relate to the expanded definition of HIPAA Business Associates (BAs) and newly imposed legal obligations on BAs. The Final Rule also included an expansion of the elements that are required to be included in Business Associate Agreements (BAAs). The purpose of this e-alert is to provide a comprehensive look at: (i) the expansion of, clarifications to, and explicit inclusion of certain entities in the definition of a BA; (ii) the direct liability that the Final Rule imposes on BAs for noncompliance; and (iii) the elements that the Final Rule requires be included in BAAs and the compliance dates related thereto.
February 5, 2013
eAlerts Alerts
The Nonprofit Organizations Team at Polsinelli Shughart has analyzed the charitable deductions provisions within the American Taxpayer Relief Act of 2012 (the "Act") that President Obama recently signed into law. This analysis will provide a clear description of how these provisions may affect the ability of certain taxpayers to take charitable deductions and the affect this may have on charitable giving.
February 1, 2013
eAlerts Alerts
January 31, 2013
eAlerts Alerts
The long-awaited final omnibus rule (now found at 78 Fed. Reg. 5566 (Jan. 25, 2013)) implements modifications to the HIPAA regulations promulgated by the Health Information Technology for Economic and Clinical Health Act (the HITECH Act) in 2009. The final rule becomes effective on March 26, 2013, and compliance with the final rule is required by September 23, 2013 -- unless a longer compliance period is otherwise indicated.
January 31, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

CMS, IRS Issue Proposed Rules on Health Insurance Mandate, Minimum Essential Coverage
CMS and the IRS on January 30 issued proposed rules that address the Affordable Care Act's (ACA) minimum essential coverage requirement. Beginning in 2014, the ACA requires that each individual have basic health insurance, qualify for an exemption, or pay a penalty when filing a federal income tax return.
January 30,2013
eAlerts Alerts
Response to the request of the Department of Labor, Department of Health and Human Services and the Department of the Treasury
January 30, 2013
eAlerts Alerts
On January 1, 2013 Congress approved the American Taxpayer Relief Act (the "ATRA") avoiding the dreaded "fiscal cliff" which would have instituted income tax rate increases and spending reductions. The ATRA was signed into law by President Obama on January 2, 2013 and garnered much attention in the individual tax realm, particularly the extension of the 2012 income tax rates for individuals earning less than $400,000 and married couples earning less than $450,000. However, most significant for the health care community were the over 40 Medicare and Medicaid changes affecting payment and regulation of various items and services. As a result, health care providers will be faced with a myriad of challenges until Congress must again address the sequestration cuts mandated by the Budget Control Act of 2011 in the first quarter of 2013.
January 29, 2013
eAlerts Alerts
In the Insurance Regulatory Group at Polsinelli Shughart PC, we have been closely following the issues regarding hospital indemnity and fixed indemnity policies and can provide direct and practical advice to your organization.

The Department of Labor Employee Benefits Security Administration issued guidance on the issuance of fixed indemnity insurance on January 24, 2013 in its FAQs about Affordable Care Act Implementation Part XI. These FAQs are prepared by the Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively the Departments). Question 7 of this FAQ addressed under what circumstances fixed indemnity coverage constitutes excepted benefits.
January 29, 2013
eAlerts Alerts
Today, the United States Court of Appeals for the District of Columbia struck down a National Labor Relations Board ("Board") decision on the basis that the Board issuing the decision could not act lawfully, as it did not have the required quorum. If upheld, it could invalidate over a hundred Board decisions.
January 25, 2013
eAlerts Alerts
The publication of the long-awaited final omnibus rule, entitled Modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules was published today, January 25, 2013, in the Federal Register.
January 25, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

OMB Directs Department Heads to Prepare for Sequestration
Officials at the Office and Management and Budget instructed federal agencies last week to identify how they plan to cut back on spending if sequestration goes into effect on March 1. OMB stressed the importance of minimizing the impact of the cuts on core missions and being alert for issues that could jeopardize life, safety or health.

January 24, 2013
eAlerts Alerts
In December 2012, the Federal Trade Commission (FTC) issued updated rules to the Child's Online Privacy Protection Act (COPPA), which significantly expand COPPA's scope and application. COPPA, which governs the collection, use, and disclosure of personal information from children under 13 online, requires operators of websites and online services that are directed to children or that have actual knowledge that they are collecting information from children to provide notice to and obtain consent from the child's parents prior to collecting personal information from the child.
January 24, 2013
eAlerts Alerts
The Nonprofit Organizations team at Polsinelli Shughart has analyzed the potential implications of newly issued Treasury and IRS regulations regarding the requirements to qualify as a Type III Supporting Organization and can provide direct and practical advice to your organization.
January 24, 2013
eAlerts Alerts
In this Tax and Business Planning alert, we cover key provisions of the American Taxpayer Relief Act of 2012 (the "Act"), which President Obama signed into law on January 2, 2013, permanently extending the current tax rates for individuals earning up to $400,000 (joint filers earning up to $450,000), and which postpones automatic, across-the-board spending cuts for two months. The Act affects several other tax provisions for individuals, businesses, and estates.
January 22, 2013
eAlerts Alerts
On January 7, 2012, the OIG posted Advisory Opinion No. 12-22 to address a co-management arrangement between a hospital and physicians that is designed to align incentives by offering compensation based on quality, service, and cost saving measures. The OIG concluded that the arrangement could constitute improper payment to either reduce or limit services or induce referrals under the CMP Law, warranting civil monetary penalties or Anti-Kickback Statute sanctions; however, the OIG would not impose any sanctions due to several safeguards in the arrangement.
January 22, 2013
eAlerts Alerts
On January 17, 2013, the U.S. Department of Health and Human Services (HHS) issued an advance copy of the final omnibus rule which implements changes to the Health Insurance Portability and Accountability Act of 1996, and the regulations thereunder (HIPAA). Specifically, the final rule includes: final modifications to the HIPAA regulations mandated by the Health Information Technology for Economic and Clinical Health Act (HITECH Act); final changes to the HIPAA Enforcement Rule related to increased and tiered civil money penalties; final modifications to the HIPAA Breach Notification Rule; and final modifications to the HIPAA privacy regulations as required by the Genetic Information Nondiscrimination Act (GINA). These four final rules were packaged into the final omnibus rule to "reduce the impact and number of times certain compliance activities need to be undertaken by the regulated entities."
January 18, 2013
eAlerts Alerts
In response to the government's continued focus on improving quality of care through payment policy, several changes to new and existing regulatory requirements recently came about through the 2013 Inpatient Prospective Payment System (IPPS), Outpatient Prospective Payment System (OPPS), and the Medicare Physician Fee Schedule (MPFS) Final Rules ("Final Rules"). As a result, hospitals will be faced with new challenges in 2013 and beyond.
January 17, 2013
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

Fiscal Cliff Deal Lengthens Medicare Overpayment Recovery Period
The American Taxpayer Relief Act includes a little-noticed provision that increased the government's overpayment recovery period from three years to five years. The provision is expected to save $500 million in previously uncollected overpayments and will be used to partially offset the Medicare physician payment "doc fix."
January 16, 2013
eAlerts Alerts
Polsinelli Shughart wishes a Happy New Year to our clients in 2013. The New Year is an appropriate time to conduct an employer checklist of your policies and procedures to help you achieve success. Our Labor and Employment attorneys have chronicled a list of the Top 5 items you should review early in 2013. With more than three dozen Labor and Employment attorneys, Polsinelli Shughart is positioned to help you usher in the New Year confident your systems are in place to reduce workplace issues. It's our business to understand your business.
January 16, 2013
eAlerts Alerts
In its December 28, 2012 decision, the Illinois Supreme Court issued a forum non conveniens decision reversing the St. Clair County Court and directing the trial court to dismiss plaintiff's asbestos case. Fennell v. Illinois Central Railroad, (12/28/2012).

The plaintiff sued his former employer under FELA claiming exposure to asbestos during his employment at the railroad caused him to develop respiratory problems. Plaintiff was a lifelong Mississippi resident and worked for the railroad primarily in Mississippi, yet chose to file his lawsuit in St. Clair County, Illinois.

January 11, 2013
eAlerts Alerts
Therapy Cuts in Fiscal Cliff Deal Criticized as 'Blatantly Unfair'
The $1.8 billion in payment cuts for multiple therapy procedures to offset the one-year cost of the Medicare physician "doc fix" is "blatantly unfair," according the therapy industry representatives. The cut, which takes effect on April 1, increases the multiple procedure payment reduction from 25 percent to 50 percent, for a savings of $1.8 billion.
January 9, 2013
eAlerts Alerts
From the Polsinelli Shughart Insurance Business and Regulatory Law group. This newsletter features important developments in the insurance industry.
January 9, 2013
eAlerts Alerts
On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses lessees who were not previously covered by the old guidance because the owner never qualified as a BFPP and the tenant lacked "sufficient indicia of ownership" to be considered an "owner." The new guidance applies to all tenants regardless of the tenant's "indicia of ownership."
January 3, 2013
eAlerts Alerts
Congress Passes 'Cliff' Legislation, Delays Sequestration and Extends Medicare Provisions
The House and Senate have passed a tax relief bill that also delays a cut in Medicare payments to physicians until the end of the year. The American Taxpayer Relief Act (HR 8) permanently extends current tax rates for those earning up to $400,000 (up to $450,000 for married filing jointly) that were scheduled to expire at the end of 2012 as part of the "fiscal cliff."
January 3, 2013
eAlerts Alerts
Join a distinguished panel of speakers as they provide a comprehensive look at the most crucial issues affecting tax-exempt entities during the one-and-a-half day Advanced Nonprofit Law Institute, February 21-22 in Scottsdale, Arizona. This conference promises to be insightful, informative and practical, giving nonprofit executives and advisors what they need to know about current issues and IRS initiatives affecting tax-exempt organizations. Participants will have opportunity to participate in break-out sessions on healthcare issues, private foundations and supporting organizations.
January 2, 2013
eAlerts Alerts
President Obama, in an interview with Frank Vascellaro of Minnesota's news radio WCCO, said that he will not support a delay or repeal of the medical device tax. He said that because of the Affordable Care Act, health care companies are going to get 30 million new customers.
December 19, 2012
eAlerts Alerts
The Employee Benefits and Executive Compensation team at Polsinelli Shughart have analyzed the potential implications of the new Medicare Tax to their clients' businesses and can provide direct and practical advice on your company's compensation planning.
December 19, 2012
eAlerts Alerts

 

December 13, 2012
eAlerts Alerts

An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

December 12, 2012
eAlerts Alerts
A recent United States Supreme Court ruling is part of a growing trend of decisions enforcing arbitration clauses, in a broad range of transactions, on the grounds that federal policy, as expressed by the Federal Arbitration Act, governs over conflicting state laws.
December 5, 2012
eAlerts Alerts
The Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") recently published their "Resource Guide" ("guidance") to the Foreign Corrupt Practices Act ("FCPA"). Although the 120-page document offers almost nothing new, the guidance provides a helpful summary of the SEC and DOJ approach to FCPA enforcement. Despite its obvious limitations, corporate leaders and their compliance officers should use the guidance to update their compliance programs.

November 28, 2012
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.
November 28, 2012
eAlerts Alerts
In a case closely watched by many health care providers, the Administrative Review Board ("ARB") ruled that the Office of Federal Contractor Compliance Programs ("OFCCP") does not have jurisdiction over a hospital solely on the basis of its participation in TRICARE, a military health care program.
November 20, 2012
eAlerts Alerts
November 19, 2012
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

November 14, 2012
eAlerts Alerts
At a recent conference of the American Health Lawyers Association, IRS official Garrett Gluth confirmed that his agency will review the community benefit activities of 3,377 tax-exempt hospitals to determine whether they meet the requirements for tax exemption.
November 9, 2012
eAlerts Alerts

An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

November 7, 2012
eAlerts Alerts

An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

November 1, 2012
eAlerts Alerts
The Creditors Rights, Loan Enforcement and Creditor Bankruptcy Representation practice group provides these e-communications periodically to keep you updated on recently adopted legislation, important issues dealing with distressed assets and key changes in the law.
November 2012
eAlerts Alerts
The U.S. Department of Health and Human Services (HHS) Office of the Inspector General (OIG) released its FY 2013 Work Plan recently which outlines the new and ongoing issues and activities that the OIG plans to pursue with respect to HHS programs and operations.
October 30, 2012
eAlerts Alerts
An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

October 24,2012
eAlerts Alerts

The IRS has randomly selected over 2,000 central organizations for questioning about the subordinate organizations included in their group exemptions. The IRS is sending questionnaires to these central organizations, which serve as the parent organization for a group of affiliated exempt organizations, because a significant number of subordinate organizations have suffered revocation of their tax-exempt status for failing to file IRS information returns for three consecutive years.

October 23, 2012
eAlerts Alerts

An executive summary of political, legal and regulatory issues that may impact your business, prepared by Polsinelli Shughart Health Care legal and Public Policy professionals.

October 17, 2012
eAlerts Alerts
The Glass House ruling provides direction for developers and general contractors to choose a preferred method of dispute resolution for construction defect claims. The Denver District Courts recently upheld mandatory arbitration in a construction defect lawsuit.

October 16, 2012
eAlerts Alerts
On July 31, 2012, the IRS issued Notice 2012-52 (the "Notice") providing confirmation that a charitable contribution to a single-member limited liability company that is wholly owned by a charitable organization and classified as a disregarded entity for federal income tax purposes (a "SMLLC") will be treated as a contribution to a branch or division of the charitable organization.
October 16, 2012
eAlerts Alerts

Clients that have issued, underwritten or purchased certain Build America Bonds, Qualified School Construction Bonds, Qualified Energy Conservation Bonds, Qualified Zone Academy Bonds and Clean Renewal Energy Bonds should be aware that federal budget cuts required under the Budget Control Act of 2011 (the "BCA") may:

  • Cause a reduction in the subsidy payments for such bonds;
  • Require certain conduit borrowers to make payments to supplement subsidy reductions; and
  • Trigger certain extraordinary call provisions.
October 12, 2012
eAlerts Alerts
Contractors with federal contracts exceeding $25,000 in value are now subject to three new reporting requirements.
October 10, 2012
eAlerts Alerts
October 10, 2012
eAlerts Alerts
October 3, 2012
eAlerts Alerts
Polsinelli Shughart PC nonprofit organizations group addressed Form 990 and other recent developments as they presented the 11th Annual National Seminar titled “The Law of Tax-Exempt Organizations.”  The seminar is a comprehensive review of a wide variety of issues facing tax-exempt organizations and provided value to everyone in attendance.
October 1-2, 2012
eAlerts Alerts
On August 15, 2012, the Immigration Service began accepting applications for deferred action from certain individuals under 31 years of age who arrived in the United States more than five years ago as children under the age of sixteen.  Deferred action is a discretionary decision by the Department of Homeland Security not to pursue immigration enforcement (e.g. deportation) for a specific period of time.
September 28, 2012
eAlerts Alerts
September 2012
eAlerts Alerts
September 26, 2012
eAlerts Alerts
September 9, 2012
eAlerts Alerts
September 12, 2012
eAlerts Alerts
On August 1, 2012, the Centers for Medicare and Medicaid Services ("CMS") released the fiscal year (FY) 2013 Inpatient Prospective Payment System ("PPS") Final Rule.
September 11, 2012
eAlerts Alerts
On August 29, 2012, the U.S. Securities and Exchange Commission ("SEC") proposed amendments to its rules that would allow securities issuers to solicit accredited investors by means of general solicitation and advertising in unregistered securities offerings made in reliance on Rule 506 of Regulation D.
September 7, 2012
eAlerts Alerts
The current version of Form I-9 expired on August 31, 2012. USCIS has reported that until further notice employers should continue using the Form I-9 that is available on the USCIS forms page www.uscis.gov which shows the OMB control number expiration date of August 31, 2012.
September 2, 2012
eAlerts Alerts
A recent SEC enforcement action serves as a stark reminder that securities regulators, when they do act, will look only to the substance, and not the form, of a finder arrangement in determining whether registration as a broker-dealer was required.
August 31, 2012
eAlerts Alerts
Employers have commonly informed their employees not to discuss employment matters under investigation with other co-workers, particularly those relating to sexual and other types of unlawful harassment.
August 22, 2012
eAlerts Alerts
On August 27, 2012, the CMS Recovery Auditor Prepayment Review Demonstration will begin. The demonstration, a three-year program, represents the latest expansion in Medicare Recovery Auditors’ ability to conduct prepayment claims reviews.
August 17, 2012
eAlerts Alerts
Appearing before a state bar association recently, the National Labor Relations Board ("NLRB") acting General Counsel, Lafe Solomon, said that the agency will seek to strike down at-will provisions in employment handbooks as a violation of section 8(a)(1) of the National Labor Relations Act ("NLRA").

August 13, 2012
eAlerts Alerts
A final rule revising hospital and critical access hospital Conditions of Participation is now effective. 
August 6, 2012
eAlerts Alerts

 

August 6, 2012
eAlerts Alerts
Until a few days ago in the state of Missouri, non-economic damages (pain and suffering) were capped at $350,000. That all changed recently when the Missouri Supreme Court declared the cap unconstitutional - changing the medical negligence landscape.

August 2012
eAlerts Alerts
Unless you have valid dispute as a basis to withhold payment, timely pay your subcontractors on Kansas projects or you may owe the subcontractor 18% interest and its attorney's fees.

August 2012
eAlerts Alerts
The Securities and Exchange Commission adopted Rule 10C-1 and adopted an amendment to existing proxy disclosure rules.
July 25, 2012
eAlerts Alerts
Participants in the 340B Drug Pricing Program should be aware that over the last several months, the 340B program has witnessed an unprecedented focus on oversight, integrity and enforcement.
July 17, 2012
eAlerts Alerts
The U.S. Supreme Court today issued its much anticipated ruling regarding the Affordable Care Act.  Read on for perspective from Polsinelli Shughart health care and employee benefits attorneys.
June 28, 2012
eAlerts Alerts
The Law of Tax-Exempt Organizations is scheduled for Thursday, October 4 through Friday, October 5 in Las Vegas, NV. The conference will feature a comprehensive review of many issues facing tax-exempt organizations, including charitable giving, joint venture planning, governance, executive compensation, unrelated business income rules and preparing for IRS audits.

June 26, 2012
eAlerts Alerts
The Internet Corporation for Assigned Names and Numbers (ICANN) has approved a program to expand the Internet's domain name system by introducing new generic top-level domain names.
June 26, 2012
eAlerts Alerts
Please register now for two important webinars that will offer perspective in the aftermath of the U.S. Supreme Court decision on the Affordable Care Act.
June 21, 2012
eAlerts Alerts

 

June 4, 2012
eAlerts Alerts
From the Polsinelli Shughart Renewable Energy group, this special edition of Renewable News is being published in connection with the American Wind Energy Association WINDPOWER 2012 Conference June 3-6. For more information, please contact Energy Chair Frank A. Caro at 913.234.7409, fcaro@polsinelli.com; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, aanderson@polsinelli.com.
June 4, 2012
eAlerts Alerts
June 2012
eAlerts Alerts
Certain parts of the JOBS Act (contained in Titles 2 and 4) create new opportunities.
May 31, 2012
eAlerts Alerts
Pursuant to recent changes in European legislation, the UK implemented amended regulations regarding cookies in May 2011, but delayed compliance until May 26, 2012.
May 30, 2012
eAlerts Alerts
On February 7, 2012 the Municipal Securities Rulemaking Board (MSRB) issued a draft interpretive notice (Draft Notice) regarding Rule G-17. In the Draft Notice the MSRB interpreted Rule G-17 to provide that it is unlawful for an underwriter to consent to amendments to an authorizing document providing security for outstanding bonds, if any such amendment would reduce the security for owners of the outstanding bonds, unless certain specific circumstances existed.
May 30, 2012
eAlerts Alerts
On May 14, a federal judge in the District of Columbia struck down the NLRB's new representation election rule, which had gone into effect on April 30. The Court concluded that the NLRB did not have the required quorum to vote on the new rules, therefore lacking authority to adopt it, and consequently found the rule to be “invalid.”
May 17, 2012
eAlerts Alerts
A decision by the Ninth Circuit Court of Appeals is likely to set a strong precedent and create a difficult landscape for defendants in HIPAA cases in the future.
May 15, 2012
eAlerts Alerts
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance (Guidance) regarding the consideration of arrest and conviction records in employment decisions.
May 14, 2012
eAlerts Alerts
Certain tax rules apply to the ownership and use of Bond Finance Property.  Join us May 15 for a complimentary webinar titled, "Private Use of Bond Financed Property."
May 7, 2012
eAlerts Alerts
The JOBS Act makes sweeping changes to the U.S. federal securities laws by streamlining the IPO process and relaxing post-IPO reporting obligations and easing regulatory restrictions on private capital formation.
May 3, 2012
eAlerts Alerts
National Labor Relations Board (NLRB) proposed several significant changes to its election procedures that took effect April 30.
April 30, 2012
eAlerts Alerts
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 20, 2012
eAlerts Alerts
On Tuesday, April 17, the U.S. Court of Appeals for the District of Columbia granted an emergency injunction postponing the notice-posting requirement pending the court's review.
April 19, 2012
eAlerts Alerts
Join us May 1 for a complimentary webinar on compliance issues related to providing services in the era of Medicaid expansion.
April 13, 2012
eAlerts Alerts
A recent decision from the United States Court of Appeals for the First Circuit highlights the dangers of getting rid of hazardous scrap materials by selling such materials to others.
April 12, 2012
eAlerts Alerts
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 11, 2012
eAlerts Alerts
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 9, 2012
eAlerts Alerts
In only a few weeks' time, Congress made several important changes to the federal securities laws to aid small businesses.
April 5, 2012
eAlerts Alerts
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.
April 4, 2012
eAlerts Alerts
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 30, 2012
eAlerts Alerts
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.
Spring 2012
eAlerts Alerts
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 20, 2012
eAlerts Alerts
Are you involved in retail or manufacturing in California?  The California Transparency in Supply Chains Act requires every retail seller and manufacturer doing business in California which has annual worldwide gross receipts exceeding $100 million to publicly disclose its efforts to eradicate slavery and human trafficking from its direct supply chain.
March 20, 2012
eAlerts Alerts
From the Polsinelli Shughart Insurance Business and Regulatory Law group. This newsletter features important developments in the insurance industry.
March 19, 2012
eAlerts Alerts
The House of Representatives passed new securities reform legislation, including an exemption that would enable some crowdfunding.
March 9, 2012
eAlerts Alerts
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.

March 6, 2012
eAlerts Alerts
Setting up a business in the U.S. can be a complex and daunting process.  This checklist of "Best Practices" can help.
February 29, 2012
eAlerts Alerts
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.
February 28, 2012
eAlerts Alerts
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
eAlerts Alerts
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 27, 2012
eAlerts Alerts
On February 21, 2012, the Supreme Court of the United States granted certiorari to review the Seventh Circuit’s definition of "Supervisor" under Title VII as stated in Vance v. Ball State University.
February 23, 2012
eAlerts Alerts
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 23, 2012
eAlerts Alerts
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).
February 14, 2012
eAlerts Alerts
On February 10, 2012, President Obama announced a revised policy to enable qualifying religious employers to not offer contraceptive coverage under their health insurance plan based on their organization's religious beliefs, but instead will allow women covered under their employer's plan to obtain free contraception coverage directly from their insurance companies if their employers don't provide such coverage otherwise.
February 10, 2012
eAlerts Alerts
January 31, 2012
eAlerts Alerts

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 27, 2012
eAlerts Alerts
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
eAlerts Alerts
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 20, 2012
eAlerts Alerts
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 17, 2012
eAlerts Alerts
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.
January 13, 2012
eAlerts Alerts
Employers cannot require employees to surrender their right to pursue employment class actions, the National Labor Relations Board ("NLRB") recently ruled in a two-member decision. The decision follows closely on the heels of the U.S. Supreme Court's ruling protecting class action waivers.
January 11, 2012
eAlerts Alerts
President Obama named Sharon Block, Terence Flynn, and Richard Griffin as recess appointments to the NLRB. The legality of the President's recess appointments will likely draw legal challenges. Those who rely upon the Board's decisions and regulations will rightfully be concerned that any actions taken by this Board between now and the resolution of those legal challenges may be overturned.
January 9, 2012
eAlerts Alerts
A new decision by the Kansas Supreme Court drastically alters the legal landscape for claims against residential home builders. David v. Hett, No. 98,416, Kan., (Kan. Dec. 30, 2011).
January 6, 2012
eAlerts Alerts
Faced with a request from the federal court in Washington, D.C. hearing one of the legal challenges to the rule, the NLRB has agreed to postpone, again, its planned implementation of the rule requiring almost all private employers, unionized and non-unionized, to post a notice of employee rights under the National Labor Relations Act, until April 30, 2012. Postponing its implementation of the rule, the NLRB says, will facilitate resolving the pending legal challenges.
December 27, 2011
eAlerts Alerts
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 23, 2011
eAlerts Alerts
Presently, a National Labor Relations Board (NLRB) final rule will require almost all private employers, unionized and non-unionized, beginning January 31, 2012, to post a notice of employee rights under the National Labor Relations Act. Specifically, the required posted notice must advise employees of their rights to engage in union organizing, bargain collectively and engage in other protected concerted activities. Failure to comply could result in an unfair labor practice charge against an employer by the NLRB.  However, two pending lawsuits could impact this ruling. 
December 22, 2011
eAlerts Alerts
The Internal Revenue Service (IRS) has released a draft version of the 2011 Form 990, Schedule H, Hospitals and its instructions.
December 19, 2011
eAlerts Alerts
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 16, 2011
eAlerts Alerts
The US Green Building Council (USGBC) has jumped into the application world with the goals of saving time and effort in task management, data exchange, and the Leadership in Energy and Environment Design (LEED) certification process, while expanding green building across the county. With numerous LEED projects completed, under construction, and in the planning stages, USGBC has created an application lab to help users navigate their way through the LEED process.
December 14, 2011
eAlerts Alerts
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
eAlerts Alerts
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 6, 2011
eAlerts Alerts
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.
December 2, 2011
eAlerts Alerts
November 29, 2011
eAlerts Alerts
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 14, 201
eAlerts Alerts
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.
November 4, 2011
eAlerts Alerts

Chris Ward, Vice Chair of Polsinelli's Bankruptcy and Financial Restructuring Group and Managing Shareholder of Polsinelli's Delaware office recently participated in a roundtable discussion regarding U.S. bankruptcy law with industry leaders including Kirkland & Ellis, Conway McKenzie and Skadden Arps. The roundtable focused on:

  • Summary of recent trends in Chapter 11 bankruptcy
  • Pros and cons of a corporate bankruptcy filing
  • Emergence of Section 363 asset sales and prepackaged bankruptcies as the preferred course of action in bankruptcy
November 2011
eAlerts Alerts
Join us for a webinar Monday, October 31, focused on the important changes made to the CMS final rules to implement Accountable Care Organizations. 
October 25, 2011
eAlerts Alerts
The Department of Labor (DOL), Internal Revenue Service (IRS) and several other state regulatory agencies recently announced a joint initiative that is designed to enable regulators to share information more freely and thus clamp down further on employers who misclassify employees as independent contractors.
October 19, 2011
eAlerts Alerts
October 19, 2011
eAlerts Alerts
In a press release issued on October 5, the NLRB announced that the posting requirement (originally announced on August 30, 2011) will be delayed until January 31, 2012 to afford the NLRB the opportunity to engage in "education and outreach" to small and medium sized businesses that may erroneously believe themselves exempt from the notice posting requirement.
October 2011
eAlerts Alerts
Most companies understand that in order to be successful, their business needs to be carried out in a timely fashion. If you order 20 computers for your new office, you expect them there in a timely fashion in order to get your business running as soon as possible. When it appears as though efforts are not being made to meet a deadline, the neglect can be detrimental to your company’s ability to generate and retain business. As year end approaches, businesses would be well advised to take a lesson from the case of American National Property and Casualty Insurance Company (American National) v. Kansas Insurance Department (KID). Click link to read more...
October 7, 2011
eAlerts Alerts
October 3, 2011
eAlerts Alerts
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 28, 2011
eAlerts Alerts
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 23, 2011
eAlerts Alerts
In what has been called the most significant reform to U.S. patent law in over 50 years, President Obama signed into law a sweeping overhaul of the patent system known as the Leahy-Smith America Invents Act.  The Act includes a number of provisions and important changes that will affect every facet of your interaction with the patent system.
September 19, 2011
eAlerts Alerts
Health Reform + Related Health Policy News for September 2, 2011.
September 2, 2011
eAlerts Alerts
In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a new generic top-level domain name registration program. Generic top-level domains (gTLDs) are the letter strings following the “dot” in an Internet address (e.g., the “com” in .COM) and have been limited to 21 specific sequences, including .COM, .ORG, and .INFO. These will expand beginning in 2012. ICANN’s approval of the program opens gTLDs to allow registration of almost any combination of letters, including trademarks, trade names, brands and other terms.
August 31, 2011
eAlerts Alerts
On August 30, the National Labor Relations Board (NLRB) is publishing in The Federal Register a new final rule requiring nearly all private employers, union or non-union, to post a notice of employee rights under The National Labor Relations Act. The Rule will be effective November 14, 2011, and posting must be visible to employees on that date.
September 2011
eAlerts Alerts
Polsinelli Shughart lawyers Bruce R. Hopkins, Virginia C. Gross and Thomas J. Schenkelberg have authored a book on the nonprofit law issues facing the nation's higher learning institutions.  Click on the link for more information and instructions on how to order your copy.
August 25, 2011
eAlerts Alerts
Health reform and health policy news for the week of August 15, 2011.
August 19, 2011
eAlerts Alerts
August 17, 2011
eAlerts Alerts
On July 18, The Department of Health and Human Services issued a proposed rule to implement the Consumer Operated and Oriented Plan (CO-OP) program (CMS-9983-P). This program will provide loans to capitalize consumer-governed, private, nonprofit health insurance issuers to enable them to offer qualified health plans by means of Affordable Insurance Exchanges (Exchanges). There is to be at least one CO-OP in every state in order to expand the number of health plans available in the Exchanges, which are scheduled to commence operations in 2014.
August 15, 2011
eAlerts Alerts
Earlier this year, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the new .XXX top-level domain registry targeted at the adult entertainment industry. Many trademark owners do not want their marks associated in any way with the adult entertainment industry, and, as such, need to prepare for the upcoming pre-launch Sunrise Program.
August 8, 2011
eAlerts Alerts
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.
August 5, 2011
eAlerts Alerts
August 1, 2011
eAlerts Alerts
Contested Chapter 11 proceedings often boil down to a two-party dispute between the debtor (and its owners) and the debtor's senior secured creditor, especially in single asset real estate and similar cases. In recent years, the playing field has not been a level one, with secured creditors having the upper hand in defeating any plan of reorganization the debtor (and its owners) might propose.
August 1, 2011
eAlerts Alerts
From the Polsinelli Shughart Insurance Business and Regulatory Law group. This newsletter features important developments in the insurance industry.
August 2011
eAlerts Alerts
The IRS has issued guidance on the community health needs assessment (CHNA) requirements imposed on tax-exempt hospital organizations. 
July 29, 2011
eAlerts Alerts
The Securities and Exchange Commission (SEC) recently adopted final rules that implement the part of the Dodd-Frank Act that fundamentally changes the regulation of advisers to hedge funds, private equity funds, venture capital funds and other pooled investment entities.  Click to read more about the rules.
July 21, 2011
eAlerts Alerts
E.P.I. Center Newsletter
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
Summer 2011
eAlerts Alerts
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 15, 2011
eAlerts Alerts
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
eAlerts Alerts
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 14, 2011
eAlerts Alerts
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.
July 6, 2011
eAlerts Alerts
On June 20, 2011, the Supreme Court of the United States held 8-0 that a group of plaintiffs could not assert federal “public nuisance” claims against major emitters of greenhouse gas (GHG) to require reductions in emissions that allegedly contribute to global warming. Connecticut v. Am. Elec. Power Co., No. 10–174 (U.S. June 20, 2011) (AEP II). Had the Supreme Court allowed the suit to go forward, GHG-emitting industries could have expected a flood of lawsuits by states, municipalities and even private plaintiffs grounded in federal common law. Importantly, however, the Supreme Court did not entirely shut the door on public nuisance law as a means to control GHG emissions. Rather, the Court left it to the lower courts to determine whether such lawsuits can go forward on the basis of state law.
July 5, 2011
eAlerts Alerts
U.S. Citizenship and Immigration Services has published new and updated Q&As regarding I-9 completion and compliance issues. Of particular note is guidance for employers seeking to conduct self audits of their I-9s.
July 1, 2011
eAlerts Alerts
This is a watershed time in the history and potential devolution of HBCUs and MSIs. In this issue, we discuss concerns associated with the federal debt, profile members of Congress, and highlight opportunities for engagement.
Summer 2011
eAlerts Alerts
Recently, Missouri Governor Jay Nixon vetoed Senate Bill 188, legislation that would have made it more difficult for employees suing their employers to win in court and would have limited the remedies available to such employees.
June 24, 2011
eAlerts Alerts
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
eAlerts Alerts
On June 22, the National Labor Relations Board published sweeping proposed regulations in the Federal Register aimed at implementing changes long-sought by unions, such as faster representation hearing deadlines and streamlined pre- and post-election procedures.
June 22, 2011
eAlerts Alerts
On June 20, 2011, the Supreme Court of the United States held that a sex-discrimination class-action lawsuit against Wal-Mart, which could have included more than one million female workers, could not move forward. The Supreme Court's recent decisions may create more scrutiny of plaintiffs using other class devices – such as collective and class actions in Fair Labor Standards Act, Americans with Disabilities Act, and Family and Medical Leave Act cases – against their current or former employers.
June 20, 2011
eAlerts Alerts
The Creditors Rights, Loan Enforcement and Creditor Bankruptcy Representation practice group provides these e-communications periodically to keep you updated on recently adopted legislation, important issues dealing with distressed assets and key changes in the law.
June 2011
eAlerts Alerts
"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 19, 2011
eAlerts Alerts
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.
May 13, 2011
eAlerts Alerts

In recent years, the Securities Exchange Commission (SEC) and the Municipal Securities Rulemaking Board (MSRB) have taken numerous actions to address the perceived lack of transparency in the municipal markets, such as:

  • creating a centralized information repository known as EMMA (Electronic Municipal Market Access System), and
  • amending the SEC’s Rule 15c2-12 to, among other items: (i) expand the required disclosure of certain “listed events” and (ii) eliminate the prior exemption of variable rate demand obligations (VRDOs) from the reporting requirements of Rule 15c2-12).
May 2011
eAlerts Alerts
In August 2010, the Financial Accounting Standards Board (FASB) released its Proposed Accounting Standards Update on Leases which, if enacted, would have essentially eliminated the concept of an operating lease and required recognition of all leases on the balance sheet. For many of our clients, this change would have impacted balance sheets, debt covenants and future real estate transactions. FASB and IASB, after further deliberation and discussion, intend to issue a final standard for leases later in 2011. Health care providers should consult with their legal advisors and their accountants before the effective date of the final rules in order to understand the consequences of such changes.
April 26, 2011
eAlerts Alerts
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. 
April 25, 2011
eAlerts Alerts
This e-Alert contains a summary of the basic design elements of Accountable Care Organizations (ACOs) as set out in the Centers for Medicare & Medicaid Services proposed rule implementing the Medicare Shared Savings Program.
April 6, 2011
eAlerts Alerts
Today the Centers for Medicare and Medicaid Services (CMS) released the proposed rule that will govern the implementation of section 3022 Medicare Shared Savings Program (Program) of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (together referred to as ACA). The Program is intended to promote accountability for a patient population, coordinate care under parts A and B, and encourage investment in infrastructure and care processes that result in the delivery of services through Accountable Care Organizations (ACOs) that meet quality, cost and efficiency metrics.
March 31, 2011
eAlerts Alerts
The Fair Labor Standards Act’s (“FLSA”) anti-retaliation provision prohibits employers from retaliating against an employee who makes certain reports regarding alleged wage and hour violations.  The United States Supreme Court’s recent ruling in Kasten v. Saint-Gobain Performance Plastics broadens these anti-retaliatory protections for employees, thus becoming even more dangerous for employers.
March 30, 2011
eAlerts Alerts
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.
March 28, 2011
eAlerts Alerts
On Friday, March 25, the Equal Employment Opportunity Commission (“EEOC”) published its final regulations implementing the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) in the Federal Register.
March 25, 2011
eAlerts Alerts
In January 2011, President Obama signed the FDA Food Safety Modernization Act into law. Years of debate and wrangling between FDA, consumer protection groups and the food industry culminated in passage of the Act – a product of last-minute legislative maneuvering up until the very end of Congress’ “lame duck” session. In one of his first official statements on the new Act, Deputy Commissioner for Food Michael Taylor outlined the FDA’s immediate priorities under the new law.
March 15, 2011
eAlerts Alerts
Recent events signal that the government was not bluffing in signaling increased enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was enacted as part of the American Recovery and Reinvestment Act of 2009, emphasis was put on increased enforcement of HIPAA by providing for a tiered increase in the penalties that may be levied against an entity that violates HIPAA. Penalties could run between $100 and $50,000 for each violation, and $25,000 and $1.5 million per year.
March 15, 2011
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this newsletter is a source of general information concerning medical discount plans.
March 15, 2011
eAlerts Alerts
On January 19, 2011, FDA’s Center for Devices and Radiological Health (CDRH) identified 25 actions it would take regarding the 510(k) process to foster medical device innovation while maintaining the safety and effectiveness of medical technologies. These represent the distillation of more than 50 action steps recommended through the agency’s internal review process. FDA uses 510(k) premarket notification reviews to clear approximately 3,000 medical devices each year.
March 15, 2011
eAlerts Alerts
In spite of media stories implying health reform law is well on its way to being “de-funded,” that is not the case. Congress is not repealing health reform legislation. A number of provisions and reductions of funding for programs are in store but the basic structure of the legislation will remain largely intact.
March 14, 2011
eAlerts Alerts
In these troubling economic times, situations involving a licensing counterparty filing for bankruptcy are becoming more common, so it is vital for practitioners to address bankruptcy issues upfront during the negotiation of the licensing agreement
March 10, 2011
eAlerts Alerts
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 25, 2011
eAlerts Alerts
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."
February 14, 2011
eAlerts Alerts
The National Labor Relations Board (NLRB) has submitted a Notice of Proposed Rulemaking, proposing a rule to require private-sector employers under its jurisdiction to display a new poster in conspicuous locations in their workplaces notifying employees of their rights under the National Labor Relations Act (NLRA), including the right to form and join a union. Failure to post the proposed information could result in monetary fines to employers for non-compliance. In addition, the Acting General Counsel issued a new GC Memorandum instructing regional offices to expand the use of extraordinary remedies against employers found to have violated the NLRA in the context of organizing campaigns. These two NLRB initiatives will make it easier for unions to organize employees.
February 1, 2011
eAlerts Alerts
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 28, 2011
eAlerts Alerts
In a unanimous 8-0 decision, the United States Supreme Court today issued an important opinion for employees and employers alike in Thompson v. North American Stainless, LP, creating a cause of action for third-party retaliation for persons who did not themselves engage in activity protected by Title VII of the Civil Rights Act of 1964 (“Title VII”).  The court’s decision exposes employers to a new risk: retaliation claims by employees who did not themselves make a complaint or file a charge of discrimination. Employers must keep the court’s ruling in mind and add it to the list of considerations they analyze before making employment decisions.
January 28, 2011
eAlerts Alerts
Facebook, Twitter, LinkedIn, YouTube, blogs, chat rooms and text messaging. Many businesses are increasing their use of these social media and other “wired” sources of communication as marketing or publicity tools, while others still fear the issues that may arise from this new form of media. Regardless of whether a business chooses to participate actively in this “wired” world, it is imperative that organizations understand their use and abuse—and what can and cannot be controlled.
January 25, 2011
eAlerts Alerts

 

January 20, 2011
eAlerts Alerts
January 19, 2011
eAlerts Alerts
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.
January 19, 2011
eAlerts Alerts
January 11, 2011
eAlerts Alerts
On behalf on the entire Labor & Employment practice group at Polsinelli, we are very pleased to welcome the talents of Jeff Bell. Jeff will provide a much-needed service to our clients dealing with immigration, compliance and enforcement issues. Jeff has focused his practice on immigration law for 18 years, and he brings a wealth of knowledge that will directly impact our Labor and Employment practice, as well as our Corporate, Health Care, Employment, Tax, and International practices.
January 3, 2011
eAlerts Alerts
December 20, 2010
eAlerts Alerts
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 14, 2010
eAlerts Alerts
In November 2009, the IRS issued final regulations relating to the reporting and filing requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the Code) with respect to the exercise of incentive stock options (ISOs) and certain transfers of stock under an employee stock purchase plan (ESPP). 
December 6, 2010
eAlerts Alerts
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. 
December 1, 2010
eAlerts Alerts
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 30, 2010
eAlerts Alerts
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 19, 2010
eAlerts Alerts

 

November 15, 2010
eAlerts Alerts
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 3, 2010
eAlerts Alerts
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. 
November 1, 2010
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this quarterly newsletter features important regulatory and legislative developments in the industry.
October 25, 2010
eAlerts Alerts
Last week, an Administrative Law Judge (“ALJ”) for the Department of Labor (“DOL”) issued a long-anticipated ruling addressing the issue of whether a health care provider’s participation in TRICARE (see note below) rendered it a federal subcontractor subject to the Office of Federal Contract Compliance (“OFCCP”) jurisdiction. In upholding an earlier ruling, the ALJ held that a Florida hospital is a federal subcontractor because it participates in a health care provider network established by Humana Military Healthcare Services, Inc. (“HMHS”), which has a federal contract with the Department of Defense (“DOD”) to provide medical services to individuals eligible for TRICARE coverage.
October 2010
eAlerts Alerts
Polsinelli Shughart PC's Public Policy Group Brochure
Our political system gives all Americans the right to be heard.  The Public Policy group at Polsinelli Shughart PC can give you the strategic voice you need to prevail.
October 2010
eAlerts Alerts
In an order dated September 7, 2010, Bankruptcy Judge Robert D. Drain of the Southern District of New York dismissed, without prejudice, more than 100 adversary proceedings filed by the reorganized debtors (the “Debtors”) in the bankruptcy cases of DPH Holdings Corp. (05-44481 (RDD)) (“Delphi”) for failure to plead sufficient facts to state such claims and to comply with Rule 8 of the Federal Rules of Civil Procedure (the “Federal Rules”).
October 2010
eAlerts Alerts
From the Polsinelli Shughart Insurance Business and Regulatory Law group. This newsletter features important developments in the insurance industry.
October 2010
eAlerts Alerts
October 5, 2010
eAlerts Alerts
October 5, 2010
eAlerts Alerts
Since being forewarned is being forearmed, organizations should review their legal compliance in certain key employee plan areas and develop appropriate correction strategies if potential compliance issues are detected.  Join us for a special Employee Benefits and Executive Compensation webinar October 19.
September 21, 2010
eAlerts Alerts
E.P.I. Center
Inaugural issue of the E.P.I. Center newsletter, serving 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
Fall 2010
eAlerts Alerts
On August 25, the Securities and Exchange Commission (SEC) adopted amendments to its proxy rules permitting major shareholders to use company proxy materials to nominate their own director candidates (proxy access). Proxy access, which was authorized by Section 971 of the Dodd-Frank Act, had been previously proposed by the SEC to protest from issuers and encouragement from shareholder advocates.
September 15, 2010
eAlerts Alerts
The Internal Revenue Service has released Notice 2010-59 regarding the reimbursement of over-the-counter medicines and drugs from health flexible spending arrangements (health FSAs), health reimbursement arrangements (HRAs), health savings accounts (HSAs) and Archer Medical Savings Accounts (Archer MSAs) effective January 1, 2011.  Distributions from health FSAs, HRAs, HSAs and Archer MSAs will not be able to reimburse the cost of over-the-counter medicines or drugs unless they are prescribed by a physician. 
September 15, 2010
eAlerts Alerts
On August 20, 2010, the Illinois Court of Appeals confirmed that the Illinois Department of Public Health (IDPH) faces a mandatory time frame to determine a licensure violation after a survey.  Anytime a facility receives a notice from IDPH of state licensure violations and fines, the facility should carefully check the dates and time frame of IDPH's determination.
September 10, 2010
eAlerts Alerts
On August 12, 2010, the U.S. Environmental Protection Agency announced two new rules which, according to the Agency, are needed to ensure nationwide implementation of the greenhouse gas “Tailoring Rule” that the Agency finalized in May 2010. The Tailoring Rule, when fully implemented during 2011, will require thousands of facilities that emit greenhouse gases (including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) in quantities above certain annual thresholds to obtain operating or preconstruction/modification permits for the first time.
September 10, 2010
eAlerts Alerts
Limited Benefit Plan Update - Regulatory and Litigation Developments
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this newsletter features important regulatory and litigation developments in the industry.
September 2010
eAlerts Alerts
The Creditors Rights, Loan Enforcement and Creditor Bankruptcy Representation practice group
provides these e-communications periodically to keep you updated on recently adopted legislation,
important issues dealing with distressed assets and key changes in the law.
September 2010
eAlerts Alerts
This e-Alert discusses what you need to do even though the COBRA subsidy has expired.
August 31, 2010
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this quarterly newsletter features important regulatory and legislative developments in the industry.
August 31, 2010
eAlerts Alerts
Although mandates created under the Patient Protection and Affordable Care Act are generally applicable to all group health plans, there are certain compliance exemptions for "grandfathered plans."  Many employers are actually finding the costs of maintaining a grandfathered plan are more significant than the long-term impact of "losing" grandfather status in the process.  The focus of this e-Alert is to identify the advantages and disadvantages of preserving grandfathered status.
August 25, 2010
eAlerts Alerts
In recent weeks, there have been a number of reports and developments relating to the Illinois Health Facilities and Services Review Board (the CON Board) including new CON Board member appointments and the issuance of two reports which the CON Board is now mandated to produce and disclose to the public. 
August 23, 2010
eAlerts Alerts
The Internal Revenue Service (IRS) released Revenue Procedure 2010-30 to provide guidance on certain provisions contained in the real estate mortgage investment conduit (REMIC) regulations that were issued in 2009.  This Revenue Procedure now gives servicers much needed guidance in situations where the REMIC rules and the servicer's contractual obligations are at odds, or where the release of a lien with a paydown makes economic sense even though the real property may not be principal secured.
August 20, 2010
eAlerts Alerts
"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.
August 19, 2010
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this newsletter is a source of general information concerning medical discount plans.
August 19, 2010
eAlerts Alerts
FTC, State Attorneys General and Insurance Commissioners Crack Down on Medical Discount Plans
August 2010
eAlerts Alerts
The IRS recently released an interim report summarizing the data derived from compliance questionnaires sent to 400 public and private college and universities in the fall of 2008. This report contains preliminary information on the respondents’ organizational structures, demographics, exempt and unrelated business activities, endowments, executive compensation, and governance practices. While this questionnaire was only sent to colleges and universities, it serves as a compliance checklist for nearly all categories of exempt organizations.
August 11, 2010
eAlerts Alerts
President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) on July 21, 2010. Dodd-Frank is an ambitious overhaul of the financial regulatory system, addressing many of the lapses in oversight, judgment, imagination, transparency and accountability that contributed to the 2008 financial crisis.
August 5, 2010
eAlerts Alerts
The world of FDA regulation of diagnostic tests is likely to dramatically change, and soon!
July 26, 2010
eAlerts Alerts
On June 18, 2010, the Illinois Department of Public Health issued a Notice of Proposed Amendments to the Hospital Licensing Requirements, which implements two statutes enacted by the Illinois General Assembly in 2009.
July 23, 2010
eAlerts Alerts
The Centers for Medicare and Medicaid Services (CMS) have released the Final Rule for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Program (the Meaningful Use Final Rule).  Simultaneously, the Office of the National Coordinator for Health Information Technology (ONC) released its Final Rule addressing certification criteria for EHRs (the Certification Criteria Final Rule).  These two Final Rules establish what criteria and technical standards constitute the meaningful use of EHR technology and establish eligibility for incentive payments.
July 20, 2010
eAlerts Alerts
Could the The National Labor Relations Board (NLRB) be considering a move to an electronic voting platform? Could electronic voting lead to more victories for organized labor unions? And how might it impact the employers' opportunities to get their message out to employees?
July 20, 2010
eAlerts Alerts
Amendment To Financial Reform Bill Alleviates Concern Of Angel Investment Community
Polsinelli Shughart's Life Sciences group has been monitoring provisions in the Financial Reform Bill that have concerned the angel investment community.  As discussed in the attached White Paper (click on the link for a free copy), last-minute amendments alleviated concerns that could have decreased the pool of potential angel investors and increased the time and cost of the angel investing process.  Please contact Kevin Sweeney if you have questions at (816) 572-4638, or KRSweeney@polsinelli.com.
July 12, 2010
eAlerts Alerts
The definition of son or daughter includes a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis. The DOL issued the Administrator’s Interpretation to assist employers in determining what constitutes an “in loco parentis” relationship sufficient to trigger FMLA coverage.
July 2010
eAlerts Alerts
On June 25, 2010, President Obama signed The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 into law.  The Act provides a six-month delay of earlier legislation which, effective June 1, 2010, imposed a 21 percent reduction in reimbursement under the Medicare Physician Fee Schedule (MPFS).  The Act also increases MPFS reimbursement by 2.2 percent through November 30, 2010.
July 8, 2010
eAlerts Alerts
The Environmental Protection Agency (EPA) is seeking public comment on its Draft FY 2011-2015 Strategic Plan (Strategic Plan) which sets forth EPA’s long-term vision, strategic goals and the strategies to achieve them. Click through to read about the EPA's goals and their plans for enforcement.
July 7, 2010
eAlerts Alerts
July 6, 2010
eAlerts Alerts
Contractors maintain several types of insurance to protect their businesses and to account for the risks of working on a construction project. One type of policy is a Commercial General Liability Policy (“CGL Policy”). CGL Policies generally protect the contractor where their work has caused damage to something or someone. The typical CGL Policy states that the insurance applies only to “bodily injury” and “property damage,” but only if the bodily injury or property damage are caused by an “occurrence” that takes place within the coverage territory.
June 2010
eAlerts Alerts
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.
June 28, 2010
eAlerts Alerts
In a move that brings a sigh of relief more audible from Main Street than Wall Street, the Senate approved a bipartisan amendment to its financial reform bill to preserve the viability of the registration exemption most frequently used to raise capital for early stage companies.
June 22, 2010
eAlerts Alerts
The Department of Labor and the Internal Revenue Service have joined forces in an effort to reduce costs to employee benefit plans.  Annual return/report filings for 2009, with associated schedules and reports, including the annual plan audit, if required, have mandated electronic filing. 
June 18, 2010
eAlerts Alerts

The DOL and IRS have hired hundreds of investigators with the specific duty of auditing whether independent contractors should be reclassified as employees, and whether employees designated as exempt from overtime requirements should be reclassified as non-exempt.  The implications of employee misclassification as an independent contractor can be far-reaching and expensive for employers.

June 11, 2010
eAlerts Alerts
On April 13, 2010, the Joint Committee on Administrative Rules adopted amended Health Facilities and Services Review Board Administrative Rules (Amended Rules). The Amended Rules are effective for all certificate of need applications filed on or after April 13, 2010. The two most notable changes to the Amended Rules are the addition of charity care as a new criterion on the certificate of need application and waiver criteria for the financial viability requirements.
June 8, 2010
eAlerts Alerts
Prompted by a recent CBS News report on inadvertent disclosures of personal information stored on copy machine hard drives, the U.S. Federal Trade Commission (FTC) has begun contacting copier manufacturers and resellers to determine whether they are warning customers of potential data security vulnerabilities and providing options for secure copying.  While the FTC may be investigating copier manufacturers and resellers, companies that own, lease or use copiers or similar multifunction printers need to be aware of the relevant data security issues in order to take proper steps to avoid an inadvertent security breach.
June 7, 2010
eAlerts Alerts
The Illinois Department of Public Health (IDPH) recently expanded the Hospital Report Card and Consumer Guide to Health Care Web site by updating and adding new categories of data. The Hospital Report Card and Consumer Guide to Health Care Web site was originally launched in November 2009 as part of the implementation of the Hospital Report Card Act (210 ILCS 86). Under this legislation, all Illinois hospitals are required to report quality data regarding nursing care and infection control on a quarterly basis to the IDPH.
June 2010
eAlerts Alerts
Steven K. Stranne and Alan K. Parver, Shareholders with Polsinelli Shughart PC, will provide a framework for understanding the new law and the ongoing trends in reimbursement, coverage, coding and funding for medical devices during a complimentary webinar event June 9. 
June 1, 2010
eAlerts Alerts

The Court ruled that a rebuttable presumption of intent to deceive arises when a manufacturer prints expired patent numbers on its products or packaging with knowledge that the patents are expired, but that this type of evidence creates only a “weak” presumption of intent.

June 2010
eAlerts Alerts
2010 Legislative Summary - State of Kansas
The focus of the 2010 session was funding a budget to meet ending-balance demands as required by the state constitution. With the state facing a $500 million shortfall, legislators worked together to develop both a budget and a revenue package that would garner enough votes. When the session ended, the legislature sent the governor a $13.6 billion budget and approved a $314 million tax increase. The tax increase is a 1-cent sales tax increase effective July 1, raising the current 5.3 percent sales tax to 5.7, with the remaining portion earmarked for the state’s transportation program.
2010
eAlerts Alerts
Renewable News
From the Polsinelli Shughart Energy and Public Utilities group, this newsletter is a source of general information concerning the energy industry. For more information, please contact Frank A. Caro at 913.234.7409, fcaro@polsinelli.com; or Alan Claus Anderson at 913.234.7464, aanderson@polsinelli.com.
May 2010
eAlerts Alerts
With spring well upon us, operators of manufacturing facilities must turn their attention to Toxic Release Inventory (TRI) reporting to avoid the financial consequences of noncompliance.  With advance planning and preparation, the risks of getting caught in the TRI enforcement web, or at least the damage there from, can be minimized.
May 27, 2010
eAlerts Alerts
The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act, which were recently enacted, targets retiree health plans with new requirements and the potential of excise taxes.  These reforms may discourage the adoption of new plans and result in the termination of existing plans.
May 25, 2010
eAlerts Alerts
On March 18, 2010, the Joint Commission issued the revised Medical Staff standard MS.01.01.01, which was originally known as MS.1.20.  This standard addresses the governance structure of the Medical Staff and its accountability to the hospital's Governing body.
May 25, 2010
eAlerts Alerts
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").
May 24, 2010
eAlerts Alerts
May 21, 2010
eAlerts Alerts
The Creditors Rights, Loan Enforcement and Creditor Bankruptcy Representation practice group
provides these e-communications periodically to keep you updated on recently adopted legislation,
important issues dealing with distressed assets and key changes in the law.
May 2010
eAlerts Alerts
The recently enacted Patient Protection and Affordable Care Act of 2010 ("PPACA") earlier this year, it amended the Fair Labor Standards Act ("FLSA") to place certain health insurance obligations on employers. These changes, labeled the Nursing Mothers Amendment and found in section 4207 of the PPACA, require employers to provide reasonable breaks for nursing mothers. Federal law did not previously require employers to provide any breaks to employees. These new requirements are effective immediately and thus employers must take prompt action to bring their policies and practices into compliance.
May, 2010
eAlerts Alerts
On July 1, 2010, a new law takes effect in Kansas that bans smoking in all public buildings and indoor places of employment. The law includes some very specific requirements for employers.
May, 2010
eAlerts Alerts
On May 7, 2010, the Illinois Legislature passed Senate Bill 326, which includes significant changes regarding how Illinois nursing homes are regulated. This bill is a response to the report done by the Task Force Governor Quinn formed following a series of negative news stories in the Chicago Tribune regarding Illinois nursing homes. The majority of these changes affect all nursing home providers. The critical provisions that all providers should be aware of include, but are not limited to, high risk designation for regulations, double fines and staffing requirements.  Click through to read details on all the changes you should be aware of. 
May 7, 2010
eAlerts Alerts
The Private Securities Litigation Reform Act of 1995 (PSLRA), codified in Section 27A of the Securities Act of 1933 (Securities Act) and Section 21E of the Securities Exchange Act of 1934 (Exchange Act) and implemented in part by Exchange Act Rule 3b-6, provides a safe harbor from private securities liability for written or oral forward-looking statements that meet the conditions of the Act. The key to obtaining the protections of the PSLRA is the provision of meaningful cautionary statements identifying important factors that could cause actual results to differ from those anticipated in the forward-looking statements.
May 5, 2010
eAlerts Alerts
Nursing Mother Amendment Act
May 2010
eAlerts Alerts
Patient Protection and Affordable Care Act of 2010- Nursing Mothers Amendment
The recently enacted Patient Protection and Affordable Care Act of 2010 ("PPACA") earlier this year, it amended the Fair Labor Standards Act ("FLSA") to place certain health insurance obligations on employers. These changes, labeled the Nursing Mothers Amendment and found in section 4207 of the PPACA, require employers to provide reasonable breaks for nursing mothers. Federal law did not previously require employers to provide any breaks to employees. These new requirements are effective immediately and thus employers must take prompt action to bring their policies and practices into compliance.
May 2010
eAlerts Alerts
A Qualifying Therapeutic Discovery Project is one that involves most drug development and therapeutic medical devices or diagnostics and that has a reasonable potential to result in new therapies for unmet medical needs, chronic or acute diseases, reducing long-term health care costs or curing cancer.  The attorneys in Polsinelli Shughart's Life Sciences group are working with our clients now to ensure they are prepared to move quickly once details of the Qualifying Therapeutic Discovery Tax Credit Program are announced on (or about) May 21.
April 30, 2010
eAlerts Alerts
Bruce R. Hopkins and Douglas K. Anning of Polsinelli Shughart's Nonprofit Organizations group presented a special webinar April 29 on the landmark Patient Protection and Affordable Care Act and its implications for nonprofit organizations.  Click on the headline above and follow the instructions to view the webinar in its entirety.
04/29/2010
eAlerts Alerts
On March 24, 2010, the United States Department of Labor (“DOL”) withdrew two prior opinion letters regarding the exempt status of mortgage loan officers under the administrative exemption, and announced that the DOL no longer considers mortgage loan officers as bona fide administrative employees under 29 U.S.C. § 213(a)(1) of the Fair Labor Standards Act (“FLSA”), thus making them non-exempt employees entitled to overtime.
April, 2010
eAlerts Alerts
The landmark Patient Protection and Affordable Care Act signed by President Obama has relevance for nonprofit organizations, principally hospitals.  The new developments in the tax-exempt arena may leave organizations struggling to understand and comply.  Bruce R. Hopkins and Douglas K. Anning of Polsinelli Shughart's Nonprofit Organizations group have analyzed the new legislation and will share important implications for your nonprofit organization in a special complementary one-hour webinar event April 29.
04/16/10
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this quarterly newsletter features important regulatory and legislative developments in the industry.
April 15, 2010
eAlerts Alerts
The Hiring Incentives to Restore Employment (HIRE) Act, a jobs bill designed to encourage businesses to help put Americans back to work, was signed into law by President Obama on March 18, 2010.  The Act has several provisions that impact employers, including payroll tax exemptions, and up to $1,000 in tax credits for newly hired employees that meet certain eligibility requirements.
April 13, 2010
eAlerts Alerts
DOL Issues New Opinion Letter Regarding Exempt Status of Mortgage Loan Officers
April 2010
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this newsletter is a source of general information concerning medical discount plans.
April 1, 2010
eAlerts Alerts
The Health Care Act of 2010 primarily contains provisions to U.S. health care providers and insurers.  However, hidden in the thousand pages are a number of provisions that are directly relevant to the life science industry, including entities that develop and bring to market pharmaceuticals and medical devices.  The Act includes $1 billion in tax credits and grants available to small life sciences companies.
March 31, 2010
eAlerts Alerts
Beginning April 22, 2010, owners and property managers of housing or child-occupied buildings containing lead-based surface coatings (paint, stain, varnish, shellac, polyurethane, epoxy, sealers, etc.) are required to ensure that contractors, developers, subcontractors and their employees working on said housing or child-occupied buildings are certified and acting in compliance with the new lead rules. Violators may face penalties exceeding $30,000 per day, per incident.
March 2010
eAlerts Alerts
Premised on a belief that advisory clients need more protection under the Investment Advisers Act of 1940 (the Advisers Act) when a registered investment adviser (RIA) has custody of client funds or securities, the Securities and Exchange Commission (SEC) issued a final rule on December 30, 2009, adopting amendments to Rule 206(4)-2, the custody rule, and certain related provisions of Rule 204-2, Form ADV and Form ADV-E. Except as otherwise discussed in this e-blast, RIAs must comply with the amendments effective March 12, 2010.
March 12, 2010
eAlerts Alerts
In the current era of heightened awareness surrounding nonprofit governance, nonprofit boards and their directors are often called upon to consider and interpret the public disclosure obligations of their nonprofits.

Polsinelli Shughart Attorneys Bill Quick and Amy Hornbeck Abrams recently authored an article, which appears in the March 2010 issue of The Journal of the Kansas Bar Association and addresses factors affecting a nonprofit organization’s potential disclosure obligations through its Internal Revenue Service tax filings and application of the Kansas Sunshine Laws.
March 11, 2010
eAlerts Alerts
A recent trend in patent litigation is the so-called "false marking" lawsuit.  In fact, lawsuits are being filed daily accusing well-known retailers of violating the false marking statute.  Exposure for defendants in these lawsuits goes beyond the cost of defense.  If a company violates the false marking statute, courts are authorized to assess significant monetary penalties.
March 2, 2010
eAlerts Alerts
The Securities and Exchange Commission (SEC) has adopted significant amendments to its proxy disclosure rules, effective February 28, 2010. The amendments will be effective for most companies this proxy season and are contained in SEC Release No. 33-9089, 34-61175.

In light of the new rules, we recommend you review your director and officer questionnaire and make the changes needed to provide the required disclosures.
March 2, 2010
eAlerts Alerts
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.
February 25, 2010
eAlerts Alerts
The IRS recently announced a three-year audit program under which it will review the employee/independent contractor status of workers at 6,000 companies, with the bulk of the audits aimed at small businesses. The audits are set to begin February 16 and will include an examination of executive/officer compensation and fringe benefits.
February 17, 2010
eAlerts Alerts
Advisory board members of BNA's Health Law Reporter, including Polsinelli Shughart Shareholder Fred Entin, have released their annual outlook report, identifying the top 10 health law issues organizations should be aware of during the coming year, and commenting on what changes, if any, are likely to occur. While the recent Senate election in Massachusetts has created uncertainty about whether reform measures might be passed by Congress this year, health care reform continues to be a very important issue.
February 10, 2010
eAlerts Alerts
The U.S. Supreme Court handed down a groundbreaking decision in Citizens United v. Federal Election Commission on January 21, 2010. In summary, the Supreme Court ruled as unconstitutional the prohibition on corporations using their funds to pay for campaign advertisements regarding an issue or political candidate. Although the political and practical implications of this ruling to our society will be debated and analyzed for many years to come, the effect this will have on corporate America is immediate, specifically in regard to corporations and their boards, management, shareholders and corporate governance policies, practices and procedures.
February 1, 2010
eAlerts Alerts
The Creditors Rights, Loan Enforcement and Creditor Bankruptcy Representation practice group
provides these e-communications periodically to keep you updated on recently adopted legislation,
important issues dealing with distressed assets and key changes in the law.
February 2010
eAlerts Alerts
Historically, courts would not allow an unpaid subcontractor (or supplier) to assert a claim against an owner with whom they did not deal directly. However, in the last several years, cases in numerous states have created exceptions to the general rule and have held that, under certain limited circumstances, a subcontractor can recover from an owner on an implied contract theory (sometimes referred to as an unjust enrichment or quantum meruit theory).
February 2010
eAlerts Alerts
The Health Information Technology for Economic and Clinical Health Act (HITECH), which was included as part of the American Recovery and Reinvestment Act of 2009, created three incentive programs targeted at eligible health care professionals and hospitals that can demonstrate “meaningful use” of electronic health records (EHR). These programs provide payment incentives in the Medicare Fee-for-Service (FFS), Medicare Advantage (MA) and Medicaid programs. In order for hospitals and health care professionals to take full advantage of the EHR incentive programs, it is important to learn and understand the eligibility criteria and how to meet them.
January 28, 2010
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this newsletter is a source of general information concerning medical discount plans.
December 31, 2009
eAlerts Alerts

 

December 9, 2009
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this quarterly newsletter features important regulatory and legislative developments in the industry.
December 7, 2009
eAlerts Alerts
On October 30, 2009, the Federal Trade Commission (FTC) delayed the enforcement date of the “Red Flag Rules” for the third time - until June 1, 2010. The Red Flag Rules require the implementation of a written compliance program to provide for the identification and detection of, and response to patterns, practices, or specific activities (red flags), that could indicate identity theft.
December 1, 2009
eAlerts Alerts
On October 30, 2009, the Centers for Medicare and Medicaid Services released the final rules for 2010 addressing the Outpatient Prospective Payment System (OPPS Final Rule) and the Physician Fee Schedule (PFS Final Rule). Combined, the two final rules and commentary comprise over 3,500 pages and address a variety of issues related to the payment system for hospital outpatient departments and physician practices.
November 24, 2009
eAlerts Alerts
November 12, 2009
eAlerts Alerts
On October 30, 2009, the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), issued an interim final rule (Rule) to conform current regulations addressing Civil Money Penalties (CMPs) for violations of the HIPAA regulations to the statutory amendments made pursuant to the Health Information Technology for Economic and Clinical Health Act (HITECH), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA).

HHS invited public comments to the interim final rules until December 29, 2009. The interim final rule becomes effective on November 30, 2009, and HHS will consider all public comments to the interim final rule that it receives through December 29, 2009.
November 6, 2009
eAlerts Alerts
On October 1, 2009, the Office of Inspector General (OIG) published its Work Plan for 2010. The Work Plan identifies new, continued and revived programs and activities that will be the focus of the OIG in 2010. Health care providers should use the Work Plan as a reference guide to identify potential corporate compliance risk areas, update current policies and programs and determine the scope and focus of its annual audit plan.
October 23, 2009
eAlerts Alerts
On September 24, 2009, Missouri Governor Jay Nixon issued an executive order to examine the issues relating to timely reimbursement of Missouri hospitals and healthcare providers by health insurance companies.  The Governor's order requires that the Project Director file a report by no later than December 31, 2009.
October 22, 2009
eAlerts Alerts
On September 24, 2009, the IRS issued Notice 2009-82, which provides guidance with respect to the waiver of 2009 required minimum distributions.  Notice 2009-82 addresses many previously unanswered questions, and also provides sample amendments that may be used to bring plan documents into compliance with this guidance.
October 22, 2009
eAlerts Alerts
The IRS is using recently released materials to train its tax-exempt organizations agents on the link between good governance and compliance with the tax laws. The materials focus on public charities and stress the importance of independent boards of directors and policies and procedures on good governance. The IRS has been very active regarding nonprofit governance, despite skepticism regarding its authority in this area.
October 7, 2009
eAlerts Alerts
The Securities and Exchange Commission (SEC) recently deferred smaller reporting company compliance with the attestation requirements of Section 404(b) of the Sarbanes-Oxley Act of 2002 (SOX) for the fourth, and last, time. This is the fifth year that auditor attestations have been required for larger public company peers.
October 7, 2009
eAlerts Alerts
On October 30, 2009, the FDIC issued a Policy Statement on Prudent Commercial Real Estate Loan Workouts. The Policy Statement is very helpful in giving bank management and loan workout staff guidance on how the FDIC will treat various loan restructurings in the face of declining appraised values of commercial real estate.
October 2009
eAlerts Alerts
On September 23, the Equal Employment Opportunity Commission (“EEOC”) proposed new regulations implementing the Americans with Disabilities Act Amendments Act of 2008 (“the Act”).  Both the Act, which overturned two prior Supreme Court decisions, and the proposed regulations, if finalized, shift the focus from whether an individual has a disability to whether an employer has complied with its ADA obligations. The EEOC anticipates employers will incur some, but – by its analysis – not “significant” costs to implement changes that may be brought about by its proposed regulations. Certainly, employers should audit their policies, practices and procedures to maximize compliance with the Act. To the extent an employer has not begun auditing its policies, practices and procedures following the Act’s January 1 effective date, it should begin that process as soon as practicable and monitor the finalization process of these proposed regulations.
October 1, 2009
eAlerts Alerts
On September 24, 2009, Governor Jay Nixon issued an executive order to examine the issues relating to timely reimbursement of Missouri hospitals and healthcare providers by health insurance companies. This update from Polsinelli Shughart's Health Care group provides information on the project and its effects on hospitals and providers.
September 29, 2009
eAlerts Alerts
September 2009
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this quarterly newsletter features important regulatory and legislative developments in the industry.
September 24, 2009
eAlerts Alerts
The Department of the Treasury recently issued important new rules addressing the types of modifications that may be made to loans held by REMICs. These changes are extremely important to both servicers and borrowers because they now allow modifications to loans that previously have been prohibited.
September 22, 2009
eAlerts Alerts
September 8, 2009
eAlerts Alerts
New regulations, which apply to vendors who offer individuals a place to electronically store their personal health record, as well as, health care providers, health plans and clearinghouses who transmit health information electronically, expand the reach of HIPAA and federal privacy rules. With an increase in civil money penalties as well, it is important that organizations have accurate information about what is required and what the remedies are for not meeting the requirements.
September 8, 2009
eAlerts Alerts
The U.S. Green Building Council Introduces Changes to its Green Building Rating System

Since its inception in 1998, LEED (Leadership in Energy and Environmental Design) has become an internationally recognized green building certification system developed by the U.S. Green Building Council (USGBC).

The USGBC recently announced an overhaul of the LEED rating system in the form of “LEED 2009,” which incorporates several changes to the LEED process. The 2009 revamp initiative, which the USGBC calls LEED version 3, or LEED v3, has several new and/or revised components.

September 2009
eAlerts Alerts
A new CMS manual change which will significantly affect "consignment closet" or "stock and bill" arrangements between physicians and non-physician practitioners and DMEPOS suppliers.  These changes are usually made by regulation and provide the practitioners with notice of the impending change. However, this change could require significant restructuring of existing arrangements and has been adopted by manual change with an effective date of September 8, 2009.
August 21, 2009
eAlerts Alerts
Consolidating medical groups into large-scale physician practices is the wave of the future and will ultimately increase patient access to healthcare. Randal L. Schultz, vice chair of the Polsinelli Shughart Health Care group, will address the topic at a September 13 presentation to the Medical Development Specialists (MDS) Annual Conference in Las Vegas, Nevada.
August 10, 2009
eAlerts Alerts
This special report provided by Polsinelli Shughart's Tax and Business Planning group contains breaking industry information including the Cash for Clunkers program and federal unemployment tax audits.
August 9, 2009
eAlerts Alerts
Executive compensation, corporate transparency and accountability, hedge funds and ratings agencies continue to attract attention at the SEC, Treasury and in Congress in the wake of the financial crisis. Proposed new regulations and legislation promise to have a profound effect on public companies, private funds, borrowers and investors. To keep everyone apprised of these important developments, our Corporate Finance and Securities Group has prepared this alert.
July 30, 2009
eAlerts Alerts
July 28, 2009
eAlerts Alerts
July 16, 2009
eAlerts Alerts
The future of the Employee Free Choice Act (EFCA) is uncertain, leading to discussions of a compromise version (also known as "EFCA Lite"). This e-blast contains the latest information on the status of this bill.
July 14, 2009
eAlerts Alerts
This Client Advisory details the Kansas Court of Appeals emphasis on strict adherence to mechanic's lien laws. These laws require subcontractors/lien claimants to correctly identify the name of the general contractor.
July 14, 2009
eAlerts Alerts
New Interpretive Guidance on Compensation Tables
Among the executive compensation provisions of the United States Treasury Department’s Capital Purchase Program (CPP) under the Emergency Economic Stabilization Act of 2008 is the mandate that a participating institution’s compensation committee review its incentive compensation arrangements with the senior risk officer to determine whether those arrangements encourage officers to take unnecessary and excessive risks that threaten the value of the institution. Publicly held institutions are required to disclose the results of this analysis in the Compensation Discussion and Analysis (CD&A) section of their annual proxy statement.
July 2, 2009
eAlerts Alerts
Claims Against Design Professionals: Does the Economic Loss Rule Bar Claims for Negligent Design Services?
A significant number of the courts have held that when a contractor or owner/developer suffers damages as a result of errors by a design professional, the economic loss doctrine bars negligence claims, unless such negligence causes either personal injury or damage to “other property.” What constitutes “other property” is often the central issue analyzed by the courts in these types of cases. “Economic loss” is the result of the failure of the product to perform to the level expected by the buyer, which is the core concern of traditional contract law.

July 2009
eAlerts Alerts
The substantive and procedural changes to the civil False Claims Act (FCA) sweep broadly and will affect many health care providers, as well as other industry groups. Health care providers need to review their compliance programs and ensure such programs reflect the recent changes in the FCA.
June 18, 2009
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law Group. This quarterly newsletter features important developments in the insurance industry. This edition features an article on the group's role in in helping Family Care become the first multiple-product medical discount plan to be licensed under California's Knox-Keene Act.
June 11, 2009
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this newsletter features regulatory and legislative updates concerning medical discount plans.
June 4, 2009
eAlerts Alerts
June 1, 2009
eAlerts Alerts
ASCs Required to Provide Notice Under New Conditions for Coverage
Effective May 18, 2009, any Ambulatory Surgical Center (ASC) that has an agreement with Centers for Medicare and Medicaid Services (CMS) to participate in Medicare as an ASC must meet new notice provisions for patients of the ASC. The notice provisions set forth in the conditions for coverage require the ASC to provide to all patients (whether Medicare or private pay patients) or their representatives, in advance of the date of the procedure certain information.
May 19, 2009
eAlerts Alerts
Incentive Compensation Risk Analysis
Among the executive compensation provisions of the United States Treasury Department’s Capital Purchase Program (CPP) under the Emergency Economic Stabilization Act of 2008 is the mandate that a participating institution’s compensation committee review its incentive compensation arrangements with the senior risk officer to determine whether those arrangements encourage officers to take unnecessary and excessive risks that threaten the value of the institution. Publicly held institutions are required to disclose the results of this analysis in the Compensation Discussion and Analysis (CD&A) section of its annual proxy statement.
May 13, 2009
eAlerts Alerts
Integrating Quality and Compliance Yields Success: OIG Releases Report on Nursing Home Compliance Programs
On April 22, 2009, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a report finding nursing home corporations under quality of care corporate integrity agreements (CIAs) enhanced their quality of care structures and processes by integrating quality into their compliance programs. This report supports the fact that quality can be improved by integrating it with compliance.
May 7, 2009
eAlerts Alerts
New Book Highlights Form 990 Compliance Requirements
Attorneys in Polsinelli Shughart PC’s nonprofit organizations group recently published a book entitled, “The New Form 990 – Law, Policy and Preparation.” The redesigned IRS Form 990 is the most significant development impacting tax-exempt organizations in the last 40 years. The Form 990 is no longer just a simple information return. It is a comprehensive self-audit, including significant disclosure of executive compensation, related party transactions, transactions with interested persons, noncash contributions, and more than 20 governance policies and procedures. Polsinelli Shughart PC nonprofit organizations group members Bruce R. Hopkins, Douglas A. Anning, Virginia C. Gross, and Thomas J. Schenkelberg co-authored the new book, which is an all-inclusive resource for understanding and completing the revised Form 990.
May 4, 2009
eAlerts Alerts
The American Recovery and Reinvestment Act's Effect on the Health Care System
Signed into law by President Obama on February 17, 2009, the American Recovery and Reinvestment Act (The Act) is intended to spur a significant change in the nation’s economic downturn. While The Act includes federal tax cuts and domestic spending in areas such as health care, it also includes non-economic recovery items such as a study on the effectiveness of medical treatments, which was a part of longer-term plans.
April 20, 2009
eAlerts Alerts
This eblast features a brief discussion on the new like-kind exchange considerations and links to an article on the subject co-authored by Polsinelli Shughart Shareholders Bill Quick and Virginia Gross.
April 7, 2009
eAlerts Alerts
April 2009
eAlerts Alerts
The Tax and Business Planning Practice Group provides these e-Alerts periodically to keep our clients, taxpayers and businesses updated on recently adopted legislation and key changes in tax laws.
March 24, 2009
eAlerts Alerts
From Polsinelli Shughart's Insurance Business and Regulatory Law group, this quarterly newsletter features important regulatory and legislative developments in the industry.
March 12, 2009
eAlerts Alerts
COBRA Subsidies: An Employer Alert - Department of Labor Issues Model Notices for COBRA Subsidy
This e-Alert is a supplement to our recent e-Alert regarding the new COBRA subsidies. On March 19, 2009, the Department of Labor (“DOL”) issued model notices to help plans and individuals comply with the new COBRA subsidy requirements and also provided additional Q&A guidance information.
March 2009
eAlerts Alerts
COBRA Subsidies: A Stimulus for Immediate Employer Action
Included in the recently enacted “American Recovery and Reinvestment Act” (the “Stimulus Package”) are a number of important requirements and opportunities for employers. The focus of this alert is related to an item of most urgency, the COBRA subsidy provisions, which become effective March 1, 2009. Additional newsletters and alert articles will be provided in the coming weeks related to some of the other employer-related programs that are also part of the Stimulus Package. You may also contact a member of the Employee Benefit/Executive Compensation Group for more information about the Stimulus Package in general.
February 26, 2009
eAlerts Alerts
Medical Discount Plan Update - Regulatory and Legislative Developments - Volume I, 2009
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this newsletter features regulatory and legislative updates concerning medical discount plans.
February 23, 2009
eAlerts Alerts
Outlook 2009: Top Issues Facing Health Care Providers - BNA's Health Law Reporter Outlook 2009 Released
With a struggling economy and a new president promising action, the stage is set for changes in the nation’s health care system. Advisory board members of BNA’s Health Law Reporter, including Polsinelli Shughart attorney Fred Entin, have released their annual outlook report, identifying the top 10 health law issues organizations should be aware of during the coming year, and commented on what changes, if any, are likely to occur.
February 13, 2009
eAlerts Alerts
John Huff Appointed as Director of Insurance in Missouri
The Missouri Department of Insurance, Financial Institutions and Professional Registration will soon have a new director. John Huff was appointed by Missouri Governor Jay Nixon earlier this month and is awaiting final ratification by the State Senate.
February 12, 2009
eAlerts Alerts
February 2009
eAlerts Alerts
Empowerment Zones and Commercial Development
2nd Quarter 2004
eAlerts Alerts