On November 17, 2011, the Departments of Labor, Treasury and Health and Human Services issued a set of Frequently Asked Questions About Affordable Care Act Implementation (Part VII) and Mental Health Parity Implementation. In FAQ 1, the Departments noted that they received many comments on the proposed regulations concerning the requirement to provide group health plan participants and beneficiaries with a summary of benefits coverage that accurately describes the benefits and coverage available under the plan and a uniform glossary of terms (“SBC”). The FAQs provide that the Departments intend to issue, as soon as possible, final regulations that address these comments and other feedback on the proposed regulations and requirements. The Departments stated that until final regulations are issued and applicable, plans and issuers are not required to comply with the SBC requirements. Although the FAQs do not provide information regarding when the final regulations will be issued, they do state that “it is anticipated that the Departments’ final regulations, once issued, will include an applicability date that gives group health plans and health insurance issuers sufficient time to comply”. Thus, it appears that there will not be a March 23, 2012 effective date for compliance with the SBC requirements. However, the issuance of the final regulations and the applicability date will need to be monitored. It would be advisable to continue preparations for compliance with the SBC requirements under current guidance (i.e., gathering and organizing necessary information) and then make any necessary modifications once the final regulations are issued during a final review prior to implementation.
Monthly Archives: November 2011
TARK GRUNTE SUTKIENE represents Audi dealers Moller group in receiving the Latvian Competition Council’s merger permit for merger with the leading Volkswagen dealers in Latvia
TARK GRUNTE SUTKIENE attorneys at law Andra Rubene and Linda Štrause represented Moller group in receiving the Latvian Competition Council’s (the Competition Council) merger permit to acquire decisive influence over the target companies SIA „Motors Latvia”, SIA „Venta Motors” and SIA „Miera Auto”. TARK GRUNTE SUTKIENE drafted and filed the merger notification and represented Moller group before the Competition Council during the merger clearance process.
On 11 November the Competition Council took a decision to permit the merger planned as acquisition of control by a Norwegian company Moller Auto Baltic AS over SIA „Motors Latvia” and SIA „Venta Motors”, as well as by a Norwegian company Moller Real Estate Baltic AS over SIA „Miera Auto”.
California Court Of Appeal Reverses Trial Court Order Compelling Disclosure Of Trade Secret Source Code
In Sybase, Inc. v. Superior Court of Alameda County, No. A132541, 2011 WL 5117117 (2011), the Court of Appeal of the State of California First Appellate District found, in an unpublished opinion, that the trial court abused its discretion when it ordered the production of a trade secret source code. The court found that the real party in interest did not meet the evidentiary burden imposed by the California Supreme Court in Bridgestone/Firestone, Inc. v. Superior Court, 7 Cal.App. 4th 1384 (1992) (“Bridgestone”) which set forth the standards governing whether a trade secret must be disclosed in litigation.
Plaintiff in the underlying action, Sybase, Inc. (“Sybase”), a developer of data management software, sued ANTs Software, Inc. (“ANTs”) for, among other things, breach of a written contract and unfair competition arising out of the alleged breach of an employee non-solicit provision.
The Nuts and Bolts of Determining Shared Savings and Losses for ACOs.
The third article in OMW’s ACO series analyzes the two savings models introduced by CMS in the final rule. ACOs now have the option of choosing between a shared savings only model or a shared savings and losses model.
For more information please visit www.omwhealthlaw.com or click on the headline above.
FDI in Retail – Permitted for Multi-Brand and Relaxed for Single-Brand
|
ACO Fraud and Abuse Law Waivers
Part two in the ACO series is an analysis of the Fraud and Abuse Law Waivers (Stark Law, Anti-Kickback Statute, Civil Monetary Penalties) for those ACO’s in the Shared Savings Program.
For more information please visit www.omwhealthlaw.com or click on the headline above.
THE CONSUMER PROTECTION ACT – Know your rights and enforce them
Have you ever gone into the grocery store, picked up a product and it had no price on it? Well that grocery store is disobeying the law and penalties can arise. Did you know that in the absence of a stated warranty given by a retailer, an implied warranty of six months on parts and labour can be attached to the sale of all used goods and to the repair of all goods? The aforementioned protections, to name only a few, are afforded to the consumer in the Consumer Protection Act, 2006 (the “Act”). This Act is a hidden treasure with vast protections and far reaching consequences and yet its protections are undiscovered by many. It gives the unassuming public the right to demand quality service, to have full and frank disclosure of the price of goods and services, and also protects against false representations made by businesses.
To read the rest of the newsletter, please click here.
Investing in Australian agribusiness
It is no surprise foreign investment in Australian agribusiness has significantly increased over recent years. Australia has large areas of rich and diverse agricultural production land. With a relatively low population, Australia also produces large, high quality food surpluses, much of which are destined for Asia.
A recent study by Citi Investment Research analyst, Tim Mitchell, estimates that more than $12b worth of direct overseas investment had been made in Australian agricultural businesses and land in the last four years. Asia and the Middle East investors have been particularly active, including sovereign wealth funds and state owned enterprises.
Recent acquisitions include, the A$1.74b acquisition of Gadens’ client, Sucrogen Limited by Singapore’s Wilmar Limited, and the acquisition of a 75% stake in Manassen Foods by China’s Bright Food.
This article discusses some of the common issues to consider when investing in the Australian agribusiness sector.
For the full article, click here.
Connect with ILN
Firm of the Month
ILN Members Twitter Feed