News & Analysis as of

Waivers

Michigan Grants Needed Tax Relief to Victims of Hurricanes Harvey and Irma

by Varnum LLP on

The Michigan Department of Treasury has announced that it will join taxing authorities across the country by allowing taxpayers affected by Hurricanes Harvey and Irma an extension of time in which to file state tax returns...more

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

Fate of Last-Minute Affordable Care Act Initiatives Uncertain

by Baker Ober Health Law on

This week, the debate over the Affordable Care Act (ACA) gained new momentum in two separate, but connected channels. As the fiscal year (FY) budget reconciliation window enabling expedited passage of an ACA repeal draws to a...more

Statutory Waivers Under the New School Funding Bill

by Franczek Radelet P.C. on

As reported in an earlier alert, the State’s new school funding bill, Senate Bill 1947 (Public Act 100-0465), provides new mandate relief. School districts have been eligible to petition the General Assembly for waivers from...more

CMS Provides Waivers in States Affected by Hurricanes Harvey and Irma

by McGuireWoods LLP on

September 20, 2017 The Centers for Medicare & Medicaid Services (CMS) recently modified and waived certain Medicare enrollment and billing requirements to ensure the availability of adequate medical care for Medicare...more

In the Wake of Harvey and Irma, OCR Reminds Providers of HIPAA Rules

As Texas, Florida, and the Caribbean rebuild after the latest string of deadly hurricanes and prepare for the possibility of future storms, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)...more

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

by Baker Ober Health Law on

Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility...more

DHS Extends Jones Act Waiver to Sept. 22 and Broadens Geographic Area Covered - Customs and Border Protection Issues Q&A...

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more

Jones Act Waiver Extended in the Wake of Irma and Harvey

In the wake of fuel shortages arising from Hurricanes Irma and Harvey, Tuesday evening the US Customs and Border Protection (Customs) extended and expanded its September 8 waiver of the coastwise trade provisions of the Jones...more

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of...

by Foley & Lardner LLP on

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more

Gig Employers, Arbitration Agreements, and the Power of the “Click”

by Fisher Phillips on

How important is your businesses’ terms of service (TOS) agreement, usually presented to users of your business model through a process requiring them to click “I agree” before they can access your platform? A recent case...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

California Defendants Beware: Failing to Compel Arbitration Against Named Plaintiff Could Have Far-Reaching Consequences

California defendants in class actions should be wary of seeking a strategic advantage by litigating before seeking to compel arbitration. The Court of Appeal held recently in Sprunk v. Prisma LLC that a defendant in class...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

HHS Seeks to Ease Burden of Hurricane on Health Care Organizations

by Baker Ober Health Law on

As Hurricane Harvey continues to have a devastating impact throughout Southeast Texas, Louisiana and the Southeast, our thoughts are with the hundreds of thousands struggling through this difficult time....more

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

by Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

Harvey's Impact on U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request - Process Cumbersome for Storm-Related Waivers,...

by Holland & Knight LLP on

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more

Hurricane Harvey, HIPAA, and Access to Health Information

Hurricane Harvey has been pummeling the Gulf Coast since Monday, with nearly 52 inches of rainfall in parts of Texas. The storm has displaced thousands of people from their homes and has resulted in over 30 reported deaths....more

Federal Appeals Court Limits U.S. EPA’s General Waiver Authority under the Renewable Fuel Standards Program

by Miles & Stockbridge P.C. on

In a recent decision, the U.S. Court of Appeals for the District of Columbia Circuit determined that the U.S. Environmental Protection Agency (U.S. EPA) wrongly invoked its general waiver authority and set the volumes for...more

Employee Must Pay Union Dues If the Employee Fails to Timely Revoke Dues Checkoff Agreement

by Clark Hill PLC on

On August 10, 2017, the Michigan Court of Appeals finally delivered an opinion on the lawfulness of so called "window periods" for revoking union dues obligations (as opposed to union membership) for Michigan public sector...more

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more

New FAA Waiver Issued to CNN Will Help Expand Commercial Drone Operations Over People

by Hogan Lovells on

Drones are the future of transportation and information technology. Recent innovations have transformed what used to be considered toys into powerful tools that provide substantial safety and efficiency benefits to commercial...more

Do the Waive – FDA Implements Informed Consent Waivers for Minimal Risk Studies

by Hogan Lovells on

On July 25, 2017, FDA issued a guidance document describing under what circumstances IRBs may now approve consent procedures that waive or alter some or all of the elements of informed consent as set forth in FDA’s informed...more

Case Weighs Discovery on Proportional Requests and Specific Objections

by Zapproved LLC on

First American Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 15-638 (E.D. La. May 24, 2017). In this case involving breach of contract and tortious interference, the court partially granted and partially denied the...more

Manatt on Health: August 2017

Next Steps on Healthcare Reform - Though President Trump has continued to call for action on repeal and replace in the wake of the Senate’s failed vote at the end of July, congressional Republicans have been fairly muted...more

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