Eligibility

News & Analysis as of

Senate Approves Hospital Outpatient Observation Status “Notice” Act

On July 27, 2015, the Senate approved H.R. 876, the Notice of Observation Treatment and Implication for Care Eligibility Act, clearing the measure for the President. H.R. 876 would require hospitals to provide written and...more

Outpatient Observation Status Bill Sent to President Obama

On July 27, 2015, the Senate approved by unanimous consent the Notice of Observation, Treatment and Implication for Care Eligibility (NOTICE) Act, H.R. 876. The NOTICE Act, if signed by President Obama, would amend title...more

West Virginia Amends State Rule Verifying Legal Employment Status of Workers

On July 1, 2015, a new legislative rule amending the procedures required for West Virginia employers to verify the legal employment status of their workers went into effect in West Virginia. Pursuant to section 21-1B-4 of the...more

GAO Releases Report on Improving Eligibility Verification of Providers and Suppliers

On July 21, 2015, the Government Accountability Office (GAO) released a report titled “Additional Actions Needed to Improve Eligibility Verification of Providers and Suppliers” examining the implementation of four of CMS’s...more

Manatt on Health Reform: Weekly Highlights - July 2015 #3

In quick succession, governors in Alaska and Utah announce Medicaid expansions this week; Iowa is transitioning its expansion away from the Marketplace to Medicaid managed care, for now; and, HHS extends its exception to...more

MSSP Final Rule ACO Eligibility Requirements, Application and Renewal Process

This is the second post in Health Care Law Today’s series on the final rule. This post addresses Eligibility Requirements, and the Application and the Renewal Process. ACO Eligibility Requirements - Under the...more

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...). The amended CFRA...more

Fannie Mae and Freddie Mac to Issue New Seller/Servicer Eligibility Requirements

On May 20, the FHFA announced that Fannie Mae and Freddie Mac are issuing new finalized operational and financial eligibility requirements for mortgage seller/servicers. The updated requirements will be communicated through...more

Commercial Division Practice Continues to Shift Towards Federal Standards with Four Proposed Rule Changes

The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise...more

CMS Proposes Extension of Enhanced Funding for Certain Medicaid Eligibility & Enrollment Systems

On April 16, 2015, CMS published a proposed rule that would revise the definition of Medicaid mechanized claims processing and information retrieval systems to include Medicaid eligibility and enrollment (E&E) systems, which...more

Does getting married affect my Social Security Disability?

Anyone who receives Social Security Disability benefits knows that the financial and medical criteria beneficiaries must meet are strict. As a Social Security lawyer Chicago can attest, many changes in living situation can...more

Eligibility extended for certain H-4 dependent spouses of H-1B nonimmigrants

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment...more

FHFA Proposes Minimum Financial Eligibility Requirements for Fannie and Freddie Seller/Servicers

On January 30, the Federal Housing Finance Agency (FHFA) today proposed new minimum financial eligibility requirements for Fannie Mae and Freddie Mac Seller/Servicers. The proposed minimum financial requirements include net...more

Sixth Circuit Says Ineligible Employee May Still Enjoy FMLA Leave Rights Based on Estoppel Argument

The Family and Medical Leave Act only provides job protected leave rights to eligible employees. Among other eligibility criteria, an employee claiming entitlement to FMLA leave must work at a location with a minimum of 50...more

Who is “Disabled” under ABLE?

The recently-enacted federal ABLE statute provides a long-awaited vehicle for tax-exempt investing to meet future disability-related expenses of disabled individuals. Although new Section 529A of the Internal Revenue Code is...more

New Cafeteria Plan Change in Status Options

In Notice 2014-55, the Internal Revenue Service (IRS) announced two new situations in which employees may change their health plan elections midyear under their employer’s cafeteria plan. In the first, an employee’s hours...more

FHFA Proposes Revised Eligibility Requirements for FHLB Membership

On September 2, the Federal Housing Finance Agency (FHFA) issued a proposed rule that would revise the requirements for financial institutions to apply for and retain membership in the Federal Home Loan Banks (FHLB)....more

IRS Comments on its PTC Start of Construction Guidance

On August 20, the American Wind Energy Association (AWEA) held a webinar to discuss Internal Revenue Service (IRS) Notice 2014-46, which clarified the rules for wind projects to be grandfathered for production tax credit...more

FHFA Proposes Mortgage Insurer Eligibility Requirements

On July 10, the FHFA sought input on a proposal to establish new eligibility requirements for private mortgage insurers seeking to insure Fannie Mae and Freddie Mac (the Enterprises) mortgages. As described in an overview...more

CBP Releases Eligibility Requirements and Security Criteria for its C-TPAT Exporter Program

On July 9, 2014, U.S. Customs and Border Protection (CBP) released the eligibility requirements and security criteria for its expanded Customs-Trade Partnership Against Terrorism (C-TPAT) program. CBP is expanding C-TPAT to...more

Final Regulations on Orientation Periods Released

On June 20, the Federal regulatory agencies in charge of health care reform guidance (the Departments of Labor, Treasury, and Health and Human Services) released final regulations (“Final Regulations”) clarifying the...more

WOSB and EDWOSB Programs: Getting Certified and Staying Compliant

In this presentation: - WOSB/EDWOSB programs trending up - Eligibility criteria - Understanding the application process - Taking full advantage of the WOSB/EDWOSB programs - Maintaining...more

Quickie Elections and You: What Employers Need to Know about NLRB’s Proposed Rule Changes

In 2011, the National Labor Relations Board (“NLRB” or the “Board”) issued proposed changes to its election rules for the purposes of speeding up the election process. These so-called “quickie” election rules were adopted by...more

Is a Receiver Disqualified if He or She is Related to a Party or a Judge?

QUESTION: My cousin, who is a lawyer, asked me to act as a receiver in a case where he represents the plaintiff. Is there some prohibition on my doing so? Am I ineligible to act as receiver because of our family relationship?...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

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