Moratorium

News & Analysis as of

CMS Again Extends Moratoria on Enrollment of HHAs, Ambulance Suppliers in Designated Areas

CMS has announced another 6-month extension of its current temporary enrollment moratoria for new ground ambulance suppliers and home health agencies (HHAs), subunits, and branch locations in designated metropolitan areas....more

CMS Extends Enrollment Moratorium on Home Health Agencies

The Centers for Medicare and Medicaid Services (CMS) announced that it will once again extend the moratorium on the enrollment of new home health agencies, branch locations and subunits in certain metropolitan areas of...more

Grexit: Grief or Gift?

On July 5, the Greeks voted emphatically against their creditors’ proposals. Earlier that week, the IMF released a report in which it recommended a comprehensive recover plan that included a debt relief or a debt moratorium...more

North Carolina Adds a New Square to the Patchwork Quilt of State-by-State Treatment of Hydraulic Fracturing

New York State garnered worldwide media attention on December 17, 2014, when Governor Andrew Cuomo’s administration announced after six years of study that it was instating a complete ban on high-volume hydraulic fracturing...more

IRS Resumes Publicly Traded Partnership PLRs – New Formal Guidance Expected

The IRS announced that it has made significant progress on its  publicly traded partnership (“PTP”) guidance and is lifting its moratorium on private letter rulings that started in 2014. ...more

Drone on Drones: Berkeley Issues Moratorium on Law Enforcement Use of Drones

The Berkeley City Council approved a proposal by the City’s Peace and Justice Commission this week to impose a moratorium on drones within city limits. The one-year moratorium, which applies only to the Berkeley Police...more

Pennsylvania Governor Reinstates Ban on Oil and Gas Leasing in State Parks and Forests

On Thursday, January 29, 2015, Pennsylvania’s new governor, Tom Wolf, signed Executive Order 2015-03, thereby reinstating a moratorium on new leases for oil and gas development in state parks and forests. Wolf’s moratorium...more

Colorado Oil & Gas Association Seeks Overturn of Broomfield Hydraulic Fracturing Ban

On Monday, November 24, the Colorado Oil & Gas Association (COGA) filed a lawsuit in the Broomfield District Court for declaratory judgment to invalidate that city’s temporary ban on hydraulic fracturing. The ban, known as...more

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...more

PBGC Announces 2014 Moratorium on ERISA Section 4062(e) Enforcement Actions

On July 8, 2014, the Pension Benefit Guaranty Corporation (PBGC) issued a press release announcing a moratorium on its enforcement of Employee Retirement Income Security Act of 1974(ERISA) Section 4062(e) through the end of...more

Santa Cruz County Board of Supervisors Approves Moratorium on All Oil and Gas Activities

This past Tuesday, May 20, the Santa Cruz County Board of Supervisors unanimously voted to approve a permanent moratorium on oil and gas exploration and development. Santa Cruz becomes the first county in the state of...more

TRICARE: DOL Announces 5-Year Moratorium on Affirmative Action Compliance Audits

Previous Health Law Updates reported on the efforts of the U.S. Department of Labor (DOL) to apply equal employment opportunity mandates to providers that subcontract to provide healthcare services for TRICARE beneficiaries....more

Denton (TX) City Council Enacts Drilling Moratorium and Will Consider Possible Ban on Fracking

Amidst complaints from citizens, the Denton, Texas city council unanimously enacted a drilling moratorium, which will be in effect until September 9th. The ordinance, which was adopted by the council at its May 6th meeting,...more

OFCCP Issues Directive On TRICARE Moratorium

Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has issued a Directive officially establishing its five-year moratorium on enforcement of the affirmative action obligations of TRICARE...more

Second Chance at a Hydraulic Fracturing Moratorium Moves Past First Major Obstacle

Senator Holly Mitchell (D-Los Angeles) and other supporters of SB 1132 cleared their first major hurdle in their renewed effort to place a moratorium on hydraulic fracturing and other forms of well stimulation treatment in...more

OFCCP Moratorium Offers Only Temporary Relief For Health Care Providers

Executive Summary: Labor Secretary Perez has announced a five-year moratorium on enforcement "of the affirmative action obligations of all TRICARE providers," and has stated that the Office of Federal Contract Compliance...more

CMS Final Rule on Moratoria for the Enrollment of New Home Health Agencies and Ambulance Suppliers and Providers

On February 4, 2014, the Centers for Medicare and Medicaid Services (CMS) issued in the Federal Register a notice of temporary moratoria on enrollment of new home health agencies (HHA) and ambulance suppliers and providers in...more

Alabama SHCC Update - February 2014

In this Update: - I. Public Hearings for Rules - A. 410-2-2-.08 Influenza - B. 410-2-3-.01 Hospice Services - II. State Health Plan Adjustment Applications - A. Consideration of Chilton County...more

New York Landowners Threaten State with Takings Claims over Drilling Moratorium

In a draft complaint circulated to its members this week, the Joint Landowners Coalition of New York—a group of pro-drilling landowners—laid out several claims against state agencies and Governor Andrew Cuomo as a result of...more

New Hydraulic Fracturing Moratorium Bill: Worse Than Misguided

Senator Jim Ferlo (Armstrong, Westmoreland, and Allegheny, PA) recently announced his intention to introduce a bill calling for an open-ended moratorium on hydraulic fracturing in Pennsylvania. The bill is extremely...more

Assembly Passes Fracking Bill

Today the California Assembly passed a controversial bill regulating hydraulic fracturing, SB 4. The bill has been criticized by both industry groups and environmental organizations. Industry argues that the bill is...more

Medicare Enrollment Moratoria: Implications for Service Expansion and Certain Transactions

One of the provisions of the Affordable Care Act provided CMS with the authority to impose a temporary enrollment moratorium for a particular type of provider or supplier if determined to be necessary to combat fraud and...more

Hong Kong Stock Exchange Revises Listing Rules to Implement New Regime for Hong Kong IPOs

Overview In December 2012, the Securities and Futures Commission of Hong Kong (SFC), the securities regulatory watchdog in Hong Kong, initiated a new sponsor regime by imposing enhanced conduct requirements on...more

CMS Imposes Six-Month Moratoria on New Enrollments of Home Health Agencies and Ambulance Suppliers in Three Fraud “Hot Spots”

Last week, CMS announced temporary moratoria on the enrollment of new home health providers and ambulance suppliers in Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP) in three fraud “hot spots.”...more

San Bernardino County Approves Temporary Moratorium on Utility-Scale Solar Projects - County Wants Time to Consider Potential...

The San Bernardino County Board of Supervisors last week unanimously approved a 45-day moratorium on utility-scale solar energy projects to allow the County time to address potential land use compatibility issues posed by...more

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