News & Analysis as of September 24, 2024

Sequestration

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Sequestration is a budget technique characterized by the implementation of automatic mandatory spending cuts if deficit levels exceed a certain threshold. The Budget Control Act of 2011 utilized sequestration to... more +

Sequestration is a budget technique characterized by the implementation of automatic mandatory spending cuts if deficit levels exceed a certain threshold. The Budget Control Act of 2011 utilized sequestration to encourage Congress to cut federal spending by 1.2 billion dollars. If Congress fails to make the specified funding cuts, sequestration will kick in and automatic cuts will be made to the federal budget. A good portion of the slated cuts will come from the national security budget. less -

Proposed Carbon Capture and Sequestration Act Offers Much for Pennsylvania Property Owners to Consider

Houston Harbaugh, P.C. on 7/7/2023

On June 20, 2023, Pennsylvania State Senators Yaw, Robinson, Stefano and Vogel introduced Senate Bill 831, the “Carbon Capture and Sequestration Act” with the intent to address the use of pore space for carbon sequestration....more

Colorado’s Legislature Stops Short of Enabling Intrastate Carbon Capture

Husch Blackwell LLP on 5/25/2023

Decarbonizing the energy economy and avoiding the worst effects of climate change is the order of the day in the Biden administration and state capitol’s nationwide. Most recently, the U.S. Environmental Protection Agency...more

Colorado Makes Policy Moves With an Eye Toward Regulating Carbon Sequestration

Brownstein Hyatt Farber Schreck on 5/24/2023

The Colorado Oil and Gas Commission Will Become the 'Energy and Carbon Management Commission,' Among Other Changes - Interest in sequestering carbon dioxide (CO2) underground is expanding in Colorado. During the first half...more

Bill Averting Medicare Sequester Cuts Enacted

King & Spalding on 12/16/2021

The House and Senate voted last week, and President Biden signed into law on December 10, 2021, a bill to delay looming reduction in Medicare rates set to take effect in 2022. The bill, the Protecting Medicare and American...more

News Flash: Last Minute Congressional Action Saves Physicians from a Nearly 10% Cut to Medicare Payments

Sheppard Mullin Richter & Hampton LLP on 12/13/2021

Physicians and other providers can take a deep breath as Congress has acted to prevent the trio of Medicare payment cuts that were set to take effect at the beginning of 2022—a 3.75% cut due to scheduled changes in the...more

Litigation Minute: Provisional Remedies in Federal Court: A Minute on Prejudgment Writs

K&L Gates LLP on 6/23/2021

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Provisional remedies are critical tools for preserving the parties' status quo until the court has had an opportunity to decide the case and issue a final judgment. ...more

Sequester Relief Extension Highlights Potential Reimbursement Cliff for Medicare Providers in 2022

Alston & Bird on 4/23/2021

Medicare providers face a nearly 10% reimbursement cut in 2022. Our Health Care Legislative & Public Policy Team does the math and explains how a combination of sequester cuts and expiring reimbursement support could bring a...more

Sequestration and the Hospice Cap 2.0: Pending Legislation May Extend the Sequestration Moratorium

Arnall Golden Gregory LLP on 3/24/2021

In the wake of the government-wide sequestration cuts in 2011, the hospice industry was not spared. Medicare hospice payments were reduced by two percent in accordance with a sequestration order issued March 1, 2013, pursuant...more

CRISPR Chronicles Continue

McDonnell Boehnen Hulbert & Berghoff LLP on 3/17/2021

While those interested in the outcome await the April 9th filing of motions authorized by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) in Interference Nos. 106,126 (between Senior Party Toolgen...more

FY 2021 Sequestration Reduction Rate for Direct Pay Tax Credit Bonds Set at 5.7%

Bracewell LLP on 9/25/2020

According to the IRS website, the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2021 will be 5.7 percent. This percentage will apply to all subsidy payments...more

IRS Issues Proposed Regulations On Section 45Q Carbon Oxide Sequestration Credits

A&O Shearman on 6/23/2020

The U.S. Internal Revenue Service (IRS) and the U.S. Treasury Department (“Treasury”) have issued proposed regulations (REG-112339-19) providing valuable guidance on credits for the sequestration of qualified carbon oxide...more

Leadership Jobs Finally Filled, ORI Seeks Input on Sequestering Digital Evidence

Health Care Compliance Association (HCCA) on 5/22/2020

Report on Research Compliance 17, no. 6 (June 2020) - With the recent appointment of an HHS leader as its permanent director and a former Johns Hopkins misconduct official to another key post, the HHS Office of Research...more

CARES Act Temporarily Suspends Sequestration: How Will It Affect Provider Reimbursement?

Epstein Becker & Green on 5/12/2020

One of the many relief efforts contained in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), signed into law on March 27th, 2020, is a hiatus of sequestration as it applies to Medicare payments....more

Suspension of the 2% Sequestration Reduction May Affect Commercial Payer Reimbursement

King & Spalding on 5/5/2020

Section 4408 of the CARES Act suspends the 2% sequestration reduction to payments under the Medicare program that have been in place since April 1, 2013. The suspension of sequestration in Medicare will run from May 1, 2020...more

COVID-19: Impact on Hospitals of the Temporary Elimination of the 2% Medicare Sequestration Cuts

K&L Gates LLP on 4/17/2020

Certain provisions of the recent CARES Act impact how hospitals are reimbursed under original Fee-For-Service Medicare (i.e., Part A and Part B) and existing Medicare Advantage contracts. Specifically, the CARES Act...more

Coming Attractions: Section 45Q Carbon Sequestration Guidance, Part II

Stoel Rives LLP on 2/28/2020

The IRS’s much anticipated new guidance for Section 45Q carbon sequestration tax credits was rather anticlimactic in that it focused on just two of the many issues for which the IRS had solicited comments in May 2019. Largely...more

SLGS Window Reopening; Sequestration Extended Through FY 2029

Bracewell LLP on 8/5/2019

The Bipartisan Budget Act of 2019 (the “Act”), which suspends the federal debt limit through July 31, 2021, was signed into law on August 2, 2019. As a result, the U.S. Department of the Treasury has announced that it will...more

FY 2020 Sequestration Reduction Rate Set at 5.9%

Bracewell LLP on 7/16/2019

According to the IRS website, the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2020 will be 5.9 percent. This percentage will apply to all subsidy payments...more

Carbon Sequestration Tax Credits - IRS Requests Comment on Section 45Q Regulations

McGuireWoods LLP on 5/10/2019

In February 2018, the tax credit for carbon capture and sequestration under Section 45Q of the Internal Revenue Code (the carbon sequestration credit) received a significant boost from Congress in the Bipartisan Budget Act of...more

IRS requests comments on section 45Q carbon sequestration credit in Notice 2019-32

Eversheds Sutherland (US) LLP on 5/6/2019

On May 2, 2019, the Internal Revenue Service (IRS) released Notice 2019-32 (Notice) requesting comments on anticipated regulations and other guidance under section 45Q of the Internal Revenue Code. Section 45Q was originally...more

Saving Your Damages Award Via Temporary Injunctive Relief (Presentation)

Winstead PC on 2/14/2019

David F. Johnson, leader writer for the Texas Fiduciary Litigator blog, presented his paper on “Saving Your Damages Award Via Temporary Injunctive Relief” to the State Bar of Texas’s Damages in Civil Litigation Course in...more

Saving Your Damages Award Via Temporary Injunctive Relief

Winstead PC on 2/14/2019

One of the most important aspects of protecting a client’s rights is obtaining temporary injunctive relief from a court. This relief usually takes the form of an order precluding a defendant from closing a deal, selling real...more

FY 2019 Sequestration Reduction Rate for Direct Pay Tax Credit Bonds Set at 6.2 Percent

Bracewell LLP on 8/16/2018

According to the IRS website, the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2019 will be 6.2 percent. This percentage will apply to all subsidy payments...more

Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision

Holland & Hart - Your Trial Message on 5/17/2018

Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more

Tax Reform Could Indirectly Eliminate Direct Pay Subsidy For Outstanding Tax Credit Bonds

Bracewell LLP on 11/16/2017

An article released by The Bond Buyer on November 14, 2017, reports that, if Congress were to pass the proposed legislation released by the Committee on Ways and Means of the U.S. House of Representatives on November 2, 2017...more

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