From Monday 12 December 2011, certain matters lodged with the Office of State Revenue (OSR) for assessment must be lodged with client identification (CI) documents. Those matters relate to transactions that attract transfer duties. read more…
Monthly Archives: November 2011
1. Congressional map in limbo
Ohio Democratic Party Chairman Chris Redfern said efforts are underway to place a Republican-drawn Congressional district map on the 2012 ballot. House Bill 319, which establishes Congressional district boundaries for the state based on 2010 decennial census data, was approved largely by Republican legislators in September. Due to slow population growth, the new map reduced Ohio’s Congressional representation from its current 18 seats down to 16. Twelve seats would favor Republican candidates, while four would favor Democrats.
Home Health Providers Face Additional Cuts and Scrutiny for Therapy Services, but Gain Some Flexibility in Face-to-Face Encounter Requirements
In a final rule published in the Federal Register on November 4, 2011, the Centers for Medicare & Medicaid Services (“CMS”) announced it will decrease payments to home health agencies (“HHAs”) by $430 million in 2012. The home health prospective payment system (“HH PPS”) final rule also revises case-mix weights in response to concerns that HHAs are overcompensated for therapy services and incentivized to provide unnecessary therapy services, and adds flexibility to the face-to-face encounter requirement for patients discharged to home health from hospitals or post-acute facilities.
The Equal Employment Opportunity Commission (“EEOC”) has increased its efforts to encourage large corporations to enter into Nationwide Universal Agreements to Mediate (UAM). To date, more than 200 private-sector employers, including several Fortune 500 companies, have entered into UAM agreements with the EEOC at the national level. Additionally, EEOC district offices have entered into 1,743 mediation agreements with employers at the local level.
The EEOC’s focus on UAMs, which apply to individual-charges of discrimination, but not to class and systemic charges, is aligned with the EEOC’s publicly stated priority of combating systemic discrimination. If more individual charges can be resolved through mediation, then the agency can focus its limited litigation resources on larger-scale, systemic pattern and practice cases.
This past June, New York State Attorney General Eric Schneiderman went to court to shut down the “Coalition Against Breast Cancer,” which he characterized as a “sham charity that fraudulently raised millions of dollars under the guise of fighting breast cancer, only to funnel the money to organization insiders and fundraisers.”
The Attorney General contended that David and Mindy Winston, the husband and wife who operated the Coalition, had “deceive[d] donors” into believing that their donations would help eradicate breast cancer through research, mammogram screening, and other programs but that in reality the Coalition had “squandered and misused” virtually all of the $9.1 million it had raised in the name of breast cancer. Although the status of the guilty pleas entered by the defendants is in some doubt, the significance of the Attorney General’s action against the couple should be noted by all cause marketers.
Just as Directive 2009/65/EC has replaced the previous UCITS III directives on a European level and has led to a total revision of European fund legislation, the Liechtenstein UCITS Act represents a complete change in the existing legislation in this sector and replaces the relevant provisions of the Liechtenstein Act on Investment Undertakings (IUG) of 2005 previously applying. For the time being the provisions of the IUG will only remain in force until the Alternative Investment Fund Mangers Directive (AIFM) which came into effect in the European Union on 21.07.2011 has also been incorporated into national Liechtenstein law. Its incorporation has been scheduled by the Liechtenstein Government for 2012.
HEALTH REFORM: Health Care Innovation in the Medicare Program: Value-Based Initiatives Beyond Accountable Care Organizations
As the health care industry analyzes the recently released final rule and related guidance regarding the Medicare Shared Savings Program (“MSSP”) for accountable care organizations (“ACOs”) (see Epstein Becker Green’s Implementing Health and Insurance Reform alert of October 27, 2011, here), it is important for the industry to also pay attention to key deadlines related to initiatives being implemented by the Center for Medicare and Medicare Innovation (“CMMI” or “Innovation Center”) within the Centers for Medicare & Medicaid Services (“CMS”).
By way of background, the MSSP is being implemented under the Center for Medicare within CMS. The Innovation Center is a new center organized under CMS, and has a different mission, organizational structure, and leadership than the Center for Medicare. The Innovation Center was created under the 2010 Patient Protection and Affordable Care Act (“ACA”) to test innovative payment and service delivery models to reduce program costs, while also preserving the quality of care for Medicare, Medicaid, and CHIP beneficiaries. Funding in the amount of $10 billion already was provided to the Innovation Center through fiscal year 2019.
Tampa Partner Vanessa Negron Cohn received an award on October 26 from the Hispanic Business Initiative Fund of Florida (HBIF) in appreciation of her “vision, leadership and dedication” as one of its founders. HBIF, celebrating its 20 Year Anniversary, is the leading Hispanic economic development, nonprofit organization in Florida that specializes in providing bilingual assistance to Hispanic entrepreneurs trying to establish or expand their business in Florida. The event was held at the Tampa Marriot (Waterside) and was attended by several hundred people. Vanessa was involved in many aspects of the concern, from the original design and organization of the entity, to fundraising at the state and local levels, both from government and private sources. She served as a leader of HBIF for many years, at times as president (day-to-day), and as chair of the board.
For more information on HBIF, please click here.
Chicago Partner Samuel H. Levine was recently appointed as a participant on the National Uniform Law Commission Study Committee to examine desirability and feasibility of drafting a uniform law on the Appointment and Powers of Real Estate Receivers. Mr. Levine was also appointed by the American College of Real Estate Lawyers as a liaison to the study committee.
Coverage from the Chicago Tribune regarding Mr. Levine’s appointments to the National Uniform Law Commission and American College of Real Estate Lawyers study committees can be seen by clicking here.