On November 27, 2013, the Centers for Medicare & Medicaid Services (CMS) released the Medicare Physician Fee Schedule final rule for calendar year 2014 and related CMS commentary (the Final Rule). In addition to updating payment rates under the Medicare Physician Fee Schedule and the Medicare Clinical Laboratory Fee Schedule, the Final Rule revises various Medicare Part B payment policies. The Final Rule is scheduled to be published in the Federal Register on December 10, 2013, and is available here. Some of the policy changes are noted below.
The timing seemed perfect. On the busiest online shopping day of the year, Cyber Monday, the U.S. Supreme Court declined to hear a case regarding the constitutionality of New York’s so-called online affiliate nexus laws. In typical fashion, the Court turned down petitions from Amazon and Overstock.com without explanation. Consequently, the decision by New York’s highest court upholding the state’s 2008 affiliate nexus statute remains the law of New York. The decision in New York was covered in a prior Multistate Tax Update. Interestingly, an affiliate nexus law similar to that in New York was overturned by Illinois’ highest court, creating a divergence in the precedent by the highest courts in two states. The laws were substantially similar, yet the highest court of each state reached opposite conclusions.
Arnstein & Lehr Chicago Partner William Anaya contributed to a November 21 Law360 article titled “Federal Fracking Stalemate Keeps Regulatory Focus Local.” The article discusses proposed legislation to block recent federal hydraulic fracturing rules passed in the U.S. House of Representatives on November 20. While the bill is expected to die in the Senate, experts say energy companies should be more concerned with local actions that can shape long-term policy.
To read the article in full, please click here.
Arnstein & Lehr Chicago Partner William Eveland was quoted in a Law360 article on November 20 titled, “Illinois Marriage Equality Bill Signed Into Law.” The article discusses the marriage equality bill that was signed into law by Governor Pat Quinn on November 20, making Illinois the 16th state to embrace marriage equality.
To read the article in full, please click here.
Arnstein & Lehr Chicago Partner Jason Tremblay presented “Common Employment Law Mistakes for Illinois Businesses: What Are They and How to Avoid Them” to the Illinois CPA Society – Chicago South Chapter on November 21. Mr. Tremblay’s presentation reviewed Fair Labor Standards Act minimum wage and overtime standards, the employee dilemma regarding independent contractors, importance of classifying employees correctly and how to protect your trade secrets to maintain a competitive advantage.
Miguel Diaz de la Portilla interviewed for Telemundo Miami segment on the Aaron Cohen Life Protection Act
Arnstein & Lehr Miami Partner Miguel Diaz de la Portilla was interviewed on November 19 for a segment on Telemundo Miami on the “Aaron Cohen Life Protection Act,” a measure he introduced in the name of Aaron Cohen, a triathlete killed in February 2012. Aaron was on his bike when a driver struck him and drove off. As Florida state senator representing District 40, Mr. Diaz de la Portilla recently introduced legislation to the Florida legislature which, if passed, would increase the penalties of hit-and-run drivers who cause serious bodily injuries.
Under current law, it is already a felony to leave the scene of a crash that involves death. In the Telemundo segment, Mr. Diaz de la Portilla states “If you hit a cyclist or a pedestrian and leave the scene of the accident, you will receive a minimum of three years behind bars if the the person is injured. If the individual is seriously injured you will be sentenced to seven years but if it results in the death of an individual the minimum is 10 years.”
To watch the complete interview, please click here.
How have courts interpreted, utilized and/or limited the U.S. Supreme Court’s ruling last term in Comcast v. Behrend? In a webinar presented by the International Association of Defense Counsel on Wednesday, December 11, 2013 at 1:00 EST, the panel will examine Comcast and, more importantly, its progeny, to see whether it has been a game-changer, as the defense bar hoped, or if its effect has been more modest. The faculty will also offer practice pointers on how class action defense practitioners can best take advantage of Comcast-related precedent.
Chicago Partner Barry Katz was a co-presenter in a webinar on November 14 entitled “Commercial Leases: Avoiding Costly Mistakes in Drafting Build-Out, Repair, Casualty and insurance Provisions.” The webinar discussed best practices for landlords and tenants to draft commercial lease agreements regarding pre-commencement build-out of premises, functional maintenance and repairs, obligations following casualty losses, and critical risk allocation provisions of indemnity and insurance.
To learn more about the seminar, please click here.
Just before the Thanksgiving holiday, UW Medicine reported a HIPAA security breach, affecting roughly 90,000 patients at Harborview and UW Medical Centers. In early October, a UW Medicine employee opened an e-mail attachment containing malicious software. The malware took control of the computer, which had patients’ data stored on it. The information that was exposed […]
For more information please visit www.omwhealthlaw.com or click on the headline above.