North America

PAY-OR-PLAY DELAYED: EMPLOYER MANDATE AND REPORTING REQUIREMENTS UNDER HEALTH CARE REFORM DELAYED UNTIL 2015

The Obama administration announced on July 2, 2013 through the U.S. Department of Treasury website its plans to postpone implementing two key provisions of the Affordable Care Act (ACA) for one year. Both the annual information reporting requirements and the employer mandate, which potentially penalizes large employers for not offering a minimum standard of affordable health care coverage to full-time employees, will not take effect until 2015. More…

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DAVIS MALM PADDLES FOR ACCESSPORTAMERICA

On July 14, 2013, Davis Malm was pleased to sponsor and participate in the Annual Mayor’s Cup Regatta to benefit AccesSportAmerica. AccesSport is a national non-profit Massachusetts based organization that inspires higher function and fitness for children and adults of all disabilities through high-challenge sports and training.

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Telehealth, Remote Monitoring & Medical Records: What Data Must Providers Include in a Patient Medical Record?

Telehealth creates unique health information management challenges for various reasons, including: aggregating large data sets (i.e. remote monitoring); using and storing numerous file formats (video, audio, text, digital images, film); establishing safeguards for sharing data with virtual providers and distant sites; determining the appropriate location for data storage (if more than one provider or entity is involved); and more.  All of these challenges create issues relating to medical record management, maintenance, ownership, and storage.

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Fair Lending: Managing and Defending Against Claims of Discriminatory Lending and Assessing the Status of ‘Disparate Impact’ (Richik Sarkar)

Fair Lending: Managing and Defending Against Claims of Discriminatory Lending and Assessing the Status of ‘Disparate Impact’ in Lending Litigati on and Enforcement, Including in the Areas of Student Loans and Auto Financing

July 30, 2013
2:00 p.m. (panel discussion)

  • Assessing recent cases and actions
  • How state and federal agencies are approaching fair lending issues
  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
    - What the Mount Holly case could mean for ‘disparate impact’
  • Defending against the latest claims alleging fair lending violations
    - Data analysis
  • Defending against claims of discriminatory lending in the auto financing industry
  • Defending against claims of discriminatory lending in the student loan industry
  • Statistical modeling of decision making/disparate impact analyses
  • Maintaining privilege
  • Negotiating successful resolutions
  • Public relations concerns
  • Settlement considerations and strategies
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Hospital Medical Staff Lacks Capacity To Sue – Medical Staff Bylaws Are Not a Contract

The Minnesota Court of Appeals recently issued a decision that, in Minnesota, hospital medical staffs do not have capacity to sue as unincorporated associations.  In addition, the Court concluded that, at least in this case, medical staff bylaws do not constitute a contract between members of the medical staff and the hospital. With respect to [...]

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

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Documents for use in British Columbia courts must be written in English

In 1731 the English Parliament passed a statute that required proceedings in the courts of England to be conducted in English. The act was entitled: An Act that all Proceedings in Courts of Justice within that part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language, 1731, 4 Geo. II, c.26 (the “1731 Act”). Over 100 years later, on November 19, 1858,  the 1731 Act was received into the law of the province of British Columbia and has not been modified since.  It remains in force in British Columbia pursuant to the requirements of the British Columbia Law and Equity Act (1996).

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Electronic Wills: The Way of the Future?

A judge in Ohio recently ruled that a will written and signed on a tablet computer was a valid will, as discussed on the American Bar Association Journal website here. The case involved a man named Javier Castro, who needed a blood transfusion in order to survive his illness, but refused due to his religious beliefs. While in hospital, Javier discussed preparing a will with his two brothers. Since they had no pen or paper to do so, they decided to write the will on one of their Samsung Galaxy tablets. Javier signed the will on the tablet. The judge found that Javier’s will met the legal definition of a will in Ohio.

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Changing or Revoking a Will

It is not only important for you to make a Will, but it is equally important
to keep your Will up to date.

You made your Will, time has passed and you have acquired additional assets, you want to change the executor, trustee or a beneficiary named in your Will for whatever reason; or maybe you fell in love and were married or fell out of love and divorced. How does this affect your Will? Life changes do affect your Will and according to the Wills Act Chapter 115 of the Statute Laws of The Bahamas, a Will may be changed and/or revoked by one of the following situations as long as the Will maker (testator) has the mental capacity to make a Will. More…

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Lauren Henry Cowles joins McDonald Hopkins Government Strategies as Legislative Director

Cleveland, Ohio (July 29, 2013) – Lauren Henry Cowles has joined McDonald Hopkins Government Strategies (MHGS), a Washington-based subsidiary of McDonald Hopkins LLC, a business advisory and advocacy law firm. McDonald Hopkins Government Strategies, which provides strategic counsel at the federal government level, is led by former Congressman Steven LaTourette.

In her position as Legislative Director, Cowles advances client priorities by developing and implementing strategies to address federal needs before Members of Congress and Federal Agencies, coordinating efforts to address policy concerns with relevant stakeholder and interest groups, and providing analysis of legislation pending before Congress.

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Domestic Violence Leave Law: New Jersey Enacts the SAFE Act

By Laura A. Stutz

Earlier we posted about the increase in domestic violence and the reauthorization of the Violence Against Women Act, which was extended in February 2013, and expanded to provide coverage to both male and female victims of various types of domestic violence.  (See With Domestic Violence Increasing, What Should Employers Do?”)  A growing number of states have followed the federal lead and undertaken steps to protect domestic violence victims.  On July 17, 2013, New Jersey joined those states and enacted the New Jersey Security and Financial Empowerment Act (S-2177) (“SAFE Act”) to protect victims of domestic violence and sexual assault (as defined by N.J.S.A. 2C:25-19 and N.J.S.A. 30:4-27.6) from employment discrimination. 

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