North America

Meaningful Use Hardship Exception Deadline Extended to November 30, 2014

Still not able to meet meaningful use this year? CMS recently announced that it has reopened submission and extended the deadline for eligible professionals and eligible hospitals to submit a hardship exception application for not demonstrating “Meaningful Use” of Certified Electronic Health Record Technology (CEHRT). The CMS hardship application can be found here. Under the HITECH […]

The post Meaningful Use Hardship Exception Deadline Extended to November 30, 2014 appeared first on OMW Health Law.

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

Read full article

Appeal Court Rejects Shoplifter’s Argument that Trial Lawyer was Incompetent

In a recent decision [Hordyski v. Her Majesty the Queen 2014 SKCA 102], the Saskatchewan Court of Appeal dismissed an appeal from a convicted shoplifter who argued that his trial lawyer had been incompetent. 
 
The evidence against Mr. Hordyski was not complicated.  He had been observed on a CCTV camera by a store’s loss prevention officer shoplifting merchandise.  At the time, he was with his young son and a woman, Pearl Peters, who was the mother of his son, in the household goods area of the store.  Ms. Peters left her shopping basket with Mr. Hordyski and left the area. 
 
The CCTV camera footage showed Mr. Hordyski removing the price tag from a soft shell lunch bag and then transferring items from Ms. Peters’ shopping basket into the lunch bag.  Mr. Hordyski then picked up his son, concealed the lunch bag between the two of them and walked towards the store exit.  He paused by the cashiers to look around before walking past them and out of the store with the items.  The loss prevention officer confronted Mr. Hordyski outside the store where he was arrested for theft.  The value of the stolen items totalled approximately $220.
 
At trial, the Crown called the loss prevention officer and the investigating police officer.  Both witnesses were thoroughly cross-examined by Mr. Hordyski’s lawyer.  Mr. Hordyski was the only witness called for the defence.  His defence was that he did not have the necessary intent to commit the offence of theft under $5,000 because his reason for leaving the store was to look for Ms. Peters so she could take their son to the bathroom. 
Read full article

Promotions and Progress: Three Women Join EBG’s Equity Partnership Ranks

Maxine NeuhauserAre we going two steps forward and one step back? Two steps back and one step forward?  The anecdotes reported in an article by Staci Zaretsky, “Stop Treating Women Lawyers Like Crap,” published in Abovethelaw.com last week, are wince-inducing and suggest that there has been no progress for women lawyers at all.  I question the notion, as well as Zaretsky’s assertion, that “women lawyers aren’t taken seriously, and they certainly aren’t treated with respect by their fellow lawyers in this profession.” 

Read full article

Need for Home Health Companies Pro-Active Advocacy with State Medicaid Agencies

By Clifford E. Barnes and Marshall E. Jackson, Jr.

Recent enforcements in home health fraud have highlighted the need for home health companies of every state to engage the State Medicaid payment agency in pro-active affirmative discussion to work together to identify issues related to fraud and abuse.  Such discussions will provide home health companies further insight regarding compliance with federal and state fraud and abuse laws. That being said, recent enforcement actions have shown that home health companies may be liable under fraud and abuse laws, despite efforts to comply with such laws.  

Read full article

Industry Leaders to Discuss Value-Based Purchasing and Other Employee Initiatives

Epstein Becker Green and EBG Advisors, as part of the Thought Leaders in Population Health Speaker Series, will host a complimentary webinar titled The Impact of Value-Based Purchasing and Other Employee Initiatives on Population HealthThis session will discuss several approaches for population health managers to reduce costs and improve health care.

The webinar, scheduled for November 20, 2014, at 12:00 p.m. ET, will be led by Laurel Pickering, MPH, President & CEO of Northeast Business Group on Health, and David Lansky, PhD, President & CEO of Pacific Business Group on Health. Adam Solander of Epstein Becker Green will moderate the session.

Read full article

Employee Benefits: The IRS announces new retirement plan limitations for 2015

On October 23, 2014, the IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the Tax Year 2015. Many of the limitations have changed from the limits that are in place for 2014.

Below are the 2015 plan limitations:

Read full article

Multistate Tax Update — October 23, 2014

On June 26, 2013, in U.S. v. Windsor, the United States Supreme Court ruled that the Defense of Marriage Act, which defined marriage as between one man and one woman, was unconstitutional. This was significant for tax purposes because the subsequent Internal Revenue Service Revenue Bulletin provided that same-sex individuals who are lawfully married under the laws of a particular state carry that same status for federal tax purposes.

But confusion remained as to how these couples would file their state taxes in states that did not recognize same-sex marriage. The problem, as explained by the Tax Foundation, was that when states require taxpayers to reference their federal returns when filling out their state return, this creates a situation where the couples are both single and married filers, depending on the level of government. Action that the United States Supreme Court took on Oct. 6, 2014 is now forcing resolution of the problem.

Read full article

Richard Weiland and Marion Allan to present at CLE

Richard Weiland is presenting today at the Estate Planning Update 2014 for the Continuing Legal Education Society of BC. Richard will be speaking on the topic, “A Trust’s Three Tax Challenges that Every Estate Planner Should Understand”, which include the attribution rules, the 21 year rule and taxation of trust distributions. At tomorrow’s Estate Litigation Update 2014, Marion Allan will be presenting on the topic, “Mediation/Arbitration/Settlement Conferences”, which will discuss using the best process in the appropriate case, preparation for the proceeding, promoting a consent resolution and documenting the settlement.

Read full article

The 5 Issues That Trouble Regulators When Evaluating Direct-to-Consumer Telehealth

There can be no question that telehealth has gone mainstream.  The numbers speak volumes. Telehealth companies have been able to raise almost $500 million since 2007 according to a noted venture capital analyst.  A recent study indicated that U.S. employers could save up to $6 billion a year through telehealth.  Per the American Telemedicine Association, more than half of all U.S. hospitals now offer some form of telehealth service.  Some leading analysts estimate that global revenue for telehealth will reach $4.5 billion by 2018, and the number of patients using telehealth services will rise to 7 million by the same year.   I can cite countless examples showing the bullish trajectory of telehealth.  But problems remain.

Read full article

Indiana Appellate Court Reverses Non-Compete Injunction Bond Of Only $100

The size of an injunction bond is not a common topic in appellate cases. Accordingly, a recent decision by the Indiana Appellate Court reversing the trial court’s setting of an injunction bond at only $100 in a non-compete case is noteworthy.

In Donald Moss v. Progressive Design Apparel, Inc., the Indiana Appellate Court affirmed a preliminary injunction which restricted a salesman’s ability to call upon customers of his former employer or disclose confidential information. As part of the trial court’s order granting injunctive relief, the trial court found that the enjoined salesman’s foreseeable loss in commissions due to the injunction “might be $60,000, less what he would have in the way of earnings from the extra ten to fifteen hours a week he would have by not selling” to one of his former employer’s customers. Nevertheless, the trial court only required the former employer to post a $100 injunction bond, which the Appellate Court held was insufficient.

Read full article