Legal Updates

Washington Medicaid EHR Incentive Program Webinar

The Washington State Health Care Authority announced that it will be hosting a webinar to aid in the registration for the Medicaid EHR Incentive Program.  This will help providers who are registering and attesting to both adopt, implement and upgrade and meaningful use. Topics Include: Navigating the WA ST EHR Attestation Application-eMIPP (MU Stage 1) […]
The post Washington Medicaid EHR Incentive Program Webinar appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Hvornår kan dødsboer skattefritages?

BESKATNING

Behandlingen af et dødsbo kan ske på flere forskellige måder. En efterlevende ægtefælle kan f.eks. hensidde i uskiftet bo og indtræder herved i afdødes stilling. Dødsboet kan også skiftes og kan i visse situationer herved udgøre et selvstændigt skattesubjekt. Afgørende for, om dette skattesubjekt er skattepligtigt eller ej er, om dødsboet har bruttoaktiver for en værk på over 2.596.000 kr. eller har nettoaktiver (aktiver minus gæld) for over samme beløb. Er blot en af beløbsgrænserne overskredet, er dødsboet skattepligtigt.

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Amendments to the District of Columbia’s Accrued Sick and Safe Leave Act of 2008 Affect Tipped Restaurant Wait Staff

By Brian W. Steinbach

Since 2008, the District of Columbia’s Accrued Sick and Safe Leave Act (“ASSLA”) has required D.C. employers to provide employees with paid leave (i) to care for themselves or their family members, and (ii) for work absences associated with domestic violence or abuse. Specifically, ASSLA provides covered workers with the ability to earn and take from up to three to up to seven days of covered paid leave each year, depending on the size of the employer.

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Patient Protection and Affordable Care Act: Employer Mandate delayed again for mid-sized employers

The Internal Revenue Service (IRS) announced on Feb. 10, 2014, that it will delay enforcement of the Employer Mandate as it applies to certain employers and will permit larger employers to offer coverage to a lower number of full-time employees in 2015.

The Patient Protection and Affordable Care Act (Health Care Reform) requires an employer with at least 50 full-time equivalent employees to:

  • Offer health care coverage to substantially all of its full-time employees; and
  • Offer affordable health care coverage providing minimum benefits to all of its eligible full-time employees.
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Heavy Vehicle National Law Penalties Framework Review

The National Transport Commission (NTC) recently released the Consultation Draft – Heavy Vehicle National Law Penalties Framework Review (Review) for public comment. Submissions on the Review can be submitted to the NTC until 14 February 2014 and will be published online.

The NTC intends to submit a final report in May 2014 to the Standing Committee on Transport and Infrastructure (SCOTI) which directed that nationally consistent penalties be set in the Heavy Vehicle National Law (HVNL) which regulates all vehicles over 4.5 tonnes. More…

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The detail of the Road Safety Remuneration Tribunal’s first road safety remuneration order

Further to our article in December ‘First road safety remuneration order issued‘, the Road Safety Remuneration Tribunal has released its first road safety remuneration order (Order).

In this article, we provide further detail about the obligations imposed under the Order. More…

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Update: the Customer Owned Banking Code of Practice

The new Mutual Banking Code of Practice commenced on 1 January 2014.

ADIs subscribe to the Code by formally signing up to be bound by it.  Not all members of the Customer Owned Banking Association are subscribers to the Code.

The changes from the previous Code largely reflect the movements in the regulatory environment.  Some of the main changes are summarised below: More…

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Release of Future of Financial Advice (FOFA) amendments

The Federal Government has released draft legislation and regulations to implement changes to the Future of Financial Advice (FOFA) legislation.  These changes have been anticipated since the Federal Government’s pre-Christmas announcement that changes would be made to the FOFA laws to reduce compliance costs for the financial services industry.

Interested parties have been invited to comment on the proposed changes.  The closing date for submissions is 19 February 2014. More…

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OIG Issues Report on 340B Contract Pharmacy Arrangements Supporting Need for Tighter Rules

By Constance Wilkinson, Alan Arville, and David Gibbons

The U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released a Report [1] on February 5th based on in-depth interviews with a sample of thirty 340B Covered Entities – half were disproportionate share hospitals (“DSH”) and half were community health centers (“CH”) – and eight contract pharmacy administrators to gain a better understanding of how contract pharmacy arrangements operate under the 340B Drug Discount Program, codified as Section 340B of the Public Health Service Act (“340B Program”).

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Court Breathes New Life Into Summary Judgment Process

For many years, Ontario litigation counsel cautioned their clients against making motions for summary judgment, even when they believed that the client’s case was strong, because of the expense, delay and uncertainty inherent in making such motions.  Under Ontario’s Rules of Civil Procedure, summary judgment was available where the court was satisfied that there was no genuine issue requiring a trial.  However, issues of credibility were often viewed by motion judges as “genuine” issues that required a trial to resolve.  In addition, motion judges had limited fact finding powers.
In 2010, the summary judgment rule was amended based on the recommendations of former Associate Chief Justice Coulter Osborne.  The new rules gave a judge hearing a motion for summary judgment the powers to weigh evidence, evaluate the credibility of a witness and to draw inferences from the evidence.  In the Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA764, a five judge panel of the Ontario Court of Appeal explained the effect of the 2010 amendments and adopted a new “full appreciation test” that judges should use to decide whether a trial was required.  Under this test, the motion’s judge must assess whether a trial was necessary to enable the court to fully appreciate the evidence and issued posed by the case.  The Court of Appeal held that summary judgment should be granted only where the benefits of the trial process are not required to achieve a “full appreciation” of the evidence.  
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