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Miles To Go Before They Sleep

With the 2013 Minnesota legislative session moving into the home stretch, virtually all of the “heavy lifting” of the session remains. While the calendar indicates the session is two-thirds complete, the numbers tell a...more

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Final Regulations Require One-Time Written Parental Consent To Access Public Benefits/Insurance

Effective on March 18, 2013, the federal regulations governing parental consent to access public benefits or insurance (e.g., Medicaid) will change in a way that simplifies how school districts access public benefits and...more

Now In Session: Florida’s 2013 Legislature - Summary Of Expected Higher-Level Policy Issues

Florida’s 2013 legislative session opened this week, beginning a 60-day trek to adjournment on May 3, unless extended. The state’s new 2013-2014 presiding legislative officers have endeavored to publicly present a coordinated...more

The Sunshine Physician Payment Final Rule Overview and Analysis

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released the long-awaited Final Rule (Rule) to implement the “Sunshine” provisions of the Affordable...more

Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in...more

Your Deposition is Being Taken: Nine What to Know’s and What to Do’s

Your deposition is an important part of your case. I have listed what to expect during a deposition and some things you should and should not do....more

Here Comes the Sun: Final Rules Implementing the Federal Sunshine Law

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited final rule implementing the Federal Sunshine Law (42 U.S.C. 1320a-7h). (The rule was subsequently published in the Federal...more

Laboratory Retirees May Proceed In Their Lawsuit Over Health Benefits Against Regents

A group of retirees from Lawrence Livermore National Laboratory brought a lawsuit against the Regents of the University of California (“Regents”) after the University of California eliminated their University-sponsored health...more

Proposed Rules Issued On Contraceptive Coverage

The Affordable Care Act requires most health plans to cover certain women’s preventive services, including contraception, without charging a co-pay or deductible. On January 30, 2013, the Obama Administration released...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

Illinois Supreme Court Announces Anticipated Filing Dates for January and February

The Illinois Supreme Court has announced its anticipated filing dates for January and February. Opinions are expected on Friday, January 25; Thursday, February 7; and Friday, February 22. Decisions on petitions for rehearing...more

Contraceptive Mandate Appeal Held in Abeyance Pending Issuance of Final Rule

The D.C. Circuit Court ruled that lawsuits challenging the constitutionality of the contraceptive mandate of the Affordable Care Act (“ACA”) should be held in abeyance until the Department of Health and Human Services issues...more

Tax Law Blog: Individual Tax Rates, Deductions, and Credits

Here is a brief outline of the legislation passed by the Senate and House extending certain tax rates, deductions, and credits for individuals....more

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

Just over two years after the raid on the Miami headquarters of mental healthcare chain American Therapeutic Corporation (American Therapeutic), a former program director and therapist in the Ft. Lauderdale office of the...more

Wheaton College v. Sebelius and Belmont Abbey College v. Sebelius

Brief Of Amici Curiae Center For Constitutional Jurisprudence, American Civil Rights Union, And CATO Institute In Support Of...

In January, when the Department of Health and Human Services announced that qualifying health insurance plans under Obamacare would have to cover contraceptives and "morning after" pills, many religious institutions — most...more

Letters of Protection- A Hobson’s Choice for Patient, Doctor and Attorney A Personal Injury Lawyer/ Medical Practice...

A “Hobson’s Choice” is a choice that appears to give you more than one option, but in fact only offers one option. So it is with the Letter of Protection (LOP). You, the patient, doctor or attorney, think...more

Shifting Your Legal Fees to Your Opponent: Florida’s Tricky and Prickly Proposals for Settlement

The Proposal works like this: You serve your opponent with an offer to settle the case for a specific amount. Then you wait 30 days. If your opponent doesn’t accept the offer within 30 days, it is deemed rejected. ...more

Massachusetts DPH Proposes Amendments to Regulations to Implement Gift Ban Law Changes

On September 19th, the Massachusetts Department of Public Health (“DPH”) published emergency amendments to its regulations, 105 CMR 970.000 et seq. (“Proposed Regulations”), designed to implement recent changes to the...more

Medicare Audit Challenges to Paying Nursing and Allied Health Program Pass-Through Costs

The Medicare program shares in the costs for approved nursing and allied health education programs operated by hospitals, a matter which has become a recent focus in Medicare audits of hospitals operating such programs....more

Religious Schools Must Pay for Employees’ Birth Control

Religious organizations are up in arms over a federal law that now requires them to provide preventive contraceptive services they don’t agree with in their employee health plans. The Patient Protection and Affordable...more

High Net Worth Advanced Planning Case Study

Many times clients come to us with complex planning issues that we would like to solve for. Here is a good example of how one couple achieved their goals and objectives through advanced planning using a well thought out...more

Pennsylvania Court Considers Coverage for Gerry Sandusky Under D&O Policy

In its recent decision in Federal Ins. Co. v. Sandusky, 2012 U.S. Dist. LEXIS 76880 (M.D. Pa. June 4, 2012), the United States District Court for the Middle District of Pennsylvania had occasion to consider whether a D&O...more

Oregon Laws for Pedestrian Right of Way

The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more

Education Update - April 2012: Avoiding Unemployment Claims For Summer Break

In a recent denial of unemployment for a substitute teacher, a Florida court provided guidance to schools hoping to avoid unemployment claims for summer breaks. The case involved an unemployment claim by a substitute teacher...more