Reimbursements

News & Analysis as of

Cochran v. Schwan’s Home Service, Inc.; Court Tells Employers to Pay Part of Employees’ Cell Phone Bills - Action required:...

Labor Code section 2802 requires an employer to reimburse an employee who uses a personal cell phone for work-related calls, according to the California Court of Appeal, Second Appellate District....more

Labor Code Requires Reimbursement of Employees’ Work-Related Use of Personal Cell Phone

Recently, in Cochran v. Schwan’s Home Service, Inc., (August 12, 2014, B247160) --- Cal.Rptr.3d ----, Cal.App. 2 Dist.), the California Court of Appeal for the Second Appellate District held that an employee is incurring an...more

We Have to Pay for What? A California Court of Appeal Issues Expansive Expense Reimbursement Ruling

A California Court of Appeal recently issued a short decision in Cochran v. Schwan’s Home Services, Inc., B247160 (Aug. 12, 2014) that took an expansive view of an employer’s obligation to reimburse employees for business...more

Can You Hear Me Now: Employers in California Must Reimburse Employees for Mandatory Work-Related Calls on Personal Cell Phones

A California Appeal Court has held that employees are only required to show that they were required to use their personal cell phone for work-related calls to be entitled to reimbursement under California Labor Code § 2802....more

Employers May Be Obligated to Reimburse Employees for Their Use of Personal Cell Phones While Carrying Out Job Duties

This week the California Court of Appeal in Cochran v. Schwan’s Home Service, Inc. ruled that an employer must always reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone. Most...more

Must Employers Reimburse Employees For Work Calls On Private Cell Phones?

In Cochran v. Schwan’s Home Service, Inc., the California Court of Appeal for the Second Appellate District dealt with the question of whether employers are required to reimburse employees for work-related calls made on their...more

CMS Publishes Proposed 2015 OPPS and ASC Payment Rule

On July 3, 2014, CMS posted the proposed CY 2015 outpatient perspective payment system (OPPS) and Ambulatory Surgical Center (ASC) payment rule, which was subsequently published in the Federal Register on July 14, 2014 [PDF]....more

Software Glitch Sparks FCA Suit Against Hospitals for Late Repayment of Medicaid Reimbursements

On June 27, the New York Attorney General’s Office and the U. S. Attorney’s Office for the Southern District of New York intervened in a qui tam suit against Continuum Health Partners, Inc., Beth Israel Medical Center and St....more

AMA Issues Telemedicine Guidelines

On June 11, 2014, the American Medical Association (AMA) released a new set of telemedicine principles, which emerged from its policy report addressing “Coverage and Payment for Telemedicine.” The AMA report details the...more

The IRS Says (Again) That Certain Employer Payment Plans Won’t Fly

The IRS recently issued two new Q&As to underscore that arrangements allowing employers to reimburse employees on a pre-tax basis for premiums used to purchase individual health coverage, either inside or outside of a public...more

Friday Afternoon Smackdown – The SEC v. The House Of Representatives

On Friday, June 20, 2014, the Securities and Exchange Commission filed an action against the Committee on Ways and Means of the U.S. House of Representatives and congressional staffer Brian Sutter seeking enforcement of...more

EU consumers’ right of withdrawal: new conditions to apply for distance selling and off?premises contracts on 13 June 2014

The new Directive n° 2011/83/EC of 25 October 2011 on consumer rights (the “new Directive on Consumers Rights”) provides a harmonized 14-day right for consumers to cancel their orders and to be reimbursed. These new...more

Employer Reimbursements For Health Insurance Policy Premiums–Care Needed

Employers who reimburse employees on a pre-tax basis for premiums the employees pay on their own individual health insurance policies (whether under an Obamacare Exchange or otherwise) are at risk for a $100 per day per...more

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These...more

Federal and California State FCA Claims Against NEMS Survive Summary Judgment

On May 13, 2014, a California federal court substantially denied summary judgment motions in United States ex rel. Trinh (No. 4:10-cv-01904 [consolidating Nos. C 10-1904 CW, C 12-2895 CW, C 10-2433 CW, C 10-4605 CW] [N.D....more

IRS Issues Guidance Effectively Prohibiting Employers From Reimbursing Employees For Individual Health Insurance Premiums

The IRS’ reasoning is that such reimbursement arrangements, often referred to as “employer payment plans” are “group health plans.” All group health plans must meet the Affordable Care Act’s “market reform” requirements, such...more

Provider Reimbursement Review Board Imposes New Requirements for Providers with Pending Medicaid Eligible Days Appeals

On May 23, 2014, the CMS Office of Hearings released Alert 10, notifying providers with pending appeals before the Provider Reimbursement Review Board (PRRB) of a new sixty-day submission requirement for the Medicaid eligible...more

Gotham Insurance V. Warren E&P Answers Age-Old Question

In Gotham Insurance Co. v. Warren E&P Inc., the Texas Supreme Court recently addressed an age-old and often-asked question: Can an insurer recoup money paid to its insured when it later learns it overpaid? The answer:...more

Justices Mulling Whom Insurers Can Sue for Reimbursement

Insurance companies hate paying to defend claims they believe may not be covered - especially where the defense fees are significant. But when they do pay for the defense of claims they feel they should not have to...more

HHS Proposes Extension of Deadline for EHR Compliance

According to the federal government, over 370,000 providers have participated in the Medicare and Medicaid Electronic Health Record ("EHR") incentive program since its inception in 2011. However, providers nationwide continue...more

Freddie Mac Updates Foreclosure, Expense Reimbursement Requirements

On May 15, Freddie Mac issued Bulletin 2014-09, which updates foreclosure requirements to (i) permit servicers to begin utilizing the New York Foreclosure Inquest Program as an alternative foreclosure process to accelerate...more

US Appeals Court Lights A Match On Issue Of Government Reimbursement For WWII Aviation Gasoline Waste Disposal

Two weeks ago the United States Court of Appeals, Federal Circuit re-opened the door to recovery of Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") cleanup costs under contractual provisions...more

Meals and Lodging

The Nevada Division of Industrial Relations has determined that meals and lodging for attending physician appointments will be paid at per diem reimbursement rates set by the U.S. General Services Administration...more

The Check’s in the Mail - Who Is Responsible for Payment in a Delegated-Network System?

In today’s healthcare system, reimbursement issues involve not only prompt pay statutory provisions but also various risk-shifting arrangements included in a delegated-network system of managed care. When the insolvency of...more

Federal Appeals Court Holds That H&R Block Does Not Have To Pay Trainees For Mandatory Pre-Hire Continuing Professional Education...

On May 2, 2014, the U.S. Court of Appeals for the Eighth Circuit held that time spent by accountants attending a continuing professional education training course was not compensable because the accountants were not employed...more

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