Delays

News & Analysis as of

AIA Construction Contract Issues: An Owner’s Perspective

MANY CONSTRUCTION PROJECTS ARE DOCUMENTED USING AIA FORMS. These forms focus on issues concerning the architect and contractor. It is in the owner’s interest to protect itself by negotiating the key provisions in the...more

EPA Delay of 2014 RFS Rule Increases Potential for Congressional Activity

On November 21, 2014, the Environmental Protection Agency (EPA) announced that it would further delay finalizing the 2014 Renewable Fuel Standard (RFS) volumetric blending requirements until 2015. This announcement put the...more

CMS Announces Indefinite Delay in Use of HPID

All Actions as to HPIDs Should Stop. With a November 5, 2014 deadline looming for large health plans to obtain a Health Plan Identifier (HPID), the Centers for Medicare & Medicaid Services (CMS), Office of e-Health Standards...more

Ohio Tax Refunds May Be Delayed

We recently received a notice from the Ohio Department of Taxation (ODT) stating that state tax refunds may be delayed “due to a high number of returns filed using suspected stolen personal IDs that were received during the...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

eBenefits Alert: Enforcement Delay Announced for HPID Nov. 5 Deadline

On Oct. 31, 2014, the Office of e-Health Standards and Services, which is charged with HIPAA compliance, announced an enforcement delay to the regulations requiring the use of the Health Plan Identifiers (HPIDs) in HIPAA...more

Indefinite Delay of Health Plan Identifier Rules

On Halloween, the Department of Health and Human Services announced an indefinite delay in enforcement of the health plan identifier (HPID) rules. As a result, large health plans are no longer required to choose whether to...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 8: Breaking HPID News

In a surprise move, the Centers for Medicare & Medicaid Services (CMS) announced an indefinite delay in enforcement of regulations pertaining to “health plan enumeration and use of the Health Plan Identifier (HPID) in HIPAA...more

Health Law Pulse - October 2014

In This Issue: - CMS Updates Guidance on Hospital Governing Body and Medical Staff Conditions of Participation (CoPs) - DOL Announces Delay of Home Care Minimum Wage Enforcement - OIG Releases Special...more

Delay Strikes Down Another Plaintiff

Why am I always reporting on plaintiffs who wait too long to file their lawsuit? In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed....more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

A Recent Reminder of the Sovereign Acts Doctrine

The sovereign acts doctrine provides that the federal government, when sued as a contractor, cannot be held liable for an obstruction to the performance of the particular contract resulting from its public and general acts as...more

Illinois Court Holds Insurer Improperly Delayed Declaratory Judgment Action

In FCCI Ins. Co. v. Westfield Ins. Co., 2014 Ill. App. Unpub. LEXIS 1421 (Ill. App. June 27, 2014), the Appellate Court of Illinois had occasion to consider whether an insurer was estopped from asserting policy defenses to...more

Iowa Immigration Law Blog: Visa Issuance Delays Resolved

The U.S. Department of State has been experiencing technical issues with its passport and visa issuance system since late July 2014. Visa applicants have been experiencing delays in obtaining their visas and in some instances...more

HHS Asserts the Everybody-Does-It Defense

If that sounds familiar, your child may have a future as a lawyer for Health & Human Services. Because that’s one of the primary arguments asserted by HHS last Friday in its motion to dismiss the lawsuit by the American...more

Medicare Beneficiaries Sue HHS Over 489-Day Backlog in ALJ Appeals

The Center for Medicare Advocacy (CMA) filed a complaint last week on behalf of five Medicare beneficiaries in federal district Court in Connecticut requesting a court order requiring the Secretary of HHS to clear a massive...more

DOS and CBP Issue Procedures to Facilitate Travel for Visa Applicants Affected by CCD Outages

The U.S. Department of State’s (DOS) Consular Consolidated Database (CCD), a system critical to visa issuance operations, continues to experience technical problems, limiting the State Department’s ability to process and...more

New York’s High Court Holds That An Insurer’s Delay in Disclaiming Coverage Could Be Excused When The Delay Resulted From...

Until recently, New York’s Insurance Law presented something of a dilemma for insurance companies concerning how quickly they were required to inform their policyholders that they were denying coverage for a claim. On the one...more

U.S. Department of State Computer System Crash Leads to Worldwide Delays with Passport and Visa Applications

In July 2014, the U.S. Department of State (DOS) issued a notice stating that the U.S. Consular Consolidated Database (CCD) at the State Bureau of Consular Affairs was experiencing technical problems with its passport/visa...more

U.S. State Department Updates Information Regarding Delays in Visa and Passport Processing

The U.S. Department of State (DOS) has published updated information regarding the performance issues with the Consular Consolidated Database (CCD). As discussed in our July 24, 2014 Alert, a computer glitch caused the CCD to...more

What’s Going On With Consular Delays? (Part 2)

As we previously reported, the U.S. Department of State Bureau of Consular Affairs has been experiencing technical problems with its passport and visa system causing delays. The Department reports that it has made significant...more

Technical Problems with Bureau of Consular Affairs’ Passport/Visa Issuance Systems

Although the Bureau of Consular Affairs is operational, it is currently issuing documents at a reduced capacity; it is expected to take weeks to resume full system functionality....more

Immigration Update: Delays continue in U.S. Visa issuance

As of August 4, 2014, U.S. Department of State (DOS) has made significant progress and issued most of the worldwide backlog of nonimmigrant (temporary) visa cases. DOS is printing visas for immigrant visas, adoption cases,...more

Boehner Brings Suit Against Obama Regarding Employer-Mandate Delays

On Wednesday, July 30, House Speaker John Boehner (R-OH) moved to bring suit against President Barack Obama regarding employer-mandate delays as they pertain to the Affordable Care Act. The House voted along party lines...more

Immigration Update: State Department Announces Longer Delay in Visa Processing Times

Last week, the U.S. Department of State’s (DOS) visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to...more

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