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Condominium Issue with Long-Term Tax-Exempt Bond Financing

Posted on July 5, 2017 by

We recently helped a client complete long-term tax-exempt bond financing of a portion of a mixed-use condominium. These projects raise interesting issues. Long story short, if you find yourself in a similar situation, you need to be very careful as to how you document costs and how you define each condominium element. Quick, simplified background: […]

Wisconsin Supreme Court Rules on Appleton School District Open Meetings Law

Posted on June 29, 2017 by

In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school board rules is a “governmental body” subject to the Wisconsin Open Meetings Law. The case (Krueger v. Appleton Area School […]

Antitrust Challenge to Narrow Network Products – 7th Circuit Rules in Favor of Exclusive Agreement

Posted on June 28, 2017 by

The health care market has recently seen a resurgence in narrow network products.  To a significant degree, the resurgence of these products has been driven by the need for managed care plans looking for new avenues to help reduce the cost of care.  Traditionally, health care plans have been able to manipulate risk through exclusion […]

Medicaid Fraud Control Units Report Focus on Personal Care Services

Posted on June 27, 2017 by

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released a report summarizing activities of State Medicaid Fraud Control Units (MFCUs or Units) for fiscal year 2016.  The OIG is the designated Federal agency for oversight of state MFCUs.  The report found a total of 1,564 convictions of which approximately […]

Free Parking, Yes, But No Stark Law Claim

Posted on June 21, 2017 by

A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute.  In Bingham v. BayCare Health System (No. 8:14-cv-73, M.D. Fla.), a federal district judge adopted the report and recommendation of a […]

Joint Employer Status Rebuffed?

Posted on June 14, 2017 by

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company.  The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]

Forfeitures for Ordinance Violations – When Are They Excessive?

Posted on June 2, 2017 by

An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate.  This often leads to citizen complaints and even health and safety issues. When municipalities take enforcement action against such properties, they usually […]

Protected Employee Must Notify Employer of Need for Time Off

Posted on May 31, 2017 by

A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition.  In a recent decision, the Federal Court Judge held that a Company properly terminated […]

Reminder: New Voluntary Self-Referral Disclosure Effective June 1

Posted on May 31, 2017 by

As discussed in a previous blog, beginning on June 1, 2017, health care providers of services and suppliers wanting to voluntarily disclose actual or potential violations of the Stark Law must follow a new process finalized by CMS.  Previously, health care providers and suppliers were able to submit a self-disclosure of an actual or potential […]

Breaking News-House Passes Comp Time Bill!

Posted on May 23, 2017 by

Some Frequently Asked Questions for the Curious… The House passed a bill named the Working Families Flexibility Act of 2017 earlier this month that, if signed into law, would dramatically change private sector compensation in the United States.  Interested? Keep reading. What is “comp time”?  “Comp time” is the concept of allowing an employee who […]