Monthly Archives: December 2013

Stark Law Donation Exception Extended to 2021

Beating the deadline by mere days, CMS and the OIG released their final rules related to the Stark Law exception/Anti-Kickback safe harbor for EHR donation arrangements.  The new rules extend the donation arrangement exception until December 31, 2021. Specifically, this final rule extends the expiration date of the exception to December 31, 2021, excludes laboratory […]
The post Stark Law Donation Exception Extended to 2021 appeared first on OMW Health Law.

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Healthcare Alert: Government extends EMR donations, but excluded laboratory companies

On Monday, December 23, 2013, the Office of the Inspector General extended the safe harbor under the Medicare and Medicaid anti-kickback law for the donation of electronic medical records through December 31, 2021, but specifically excluded donations by laboratory companies. The government defined laboratory companies as including providers of both anatomic pathology and clinical laboratory services. It is anticipated that the Centers for Medicare and Medicaid Services will issue a comparable extension of the Stark exception for EMR donations.

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New California Laws for 2014

By Jennifer Nutter and Amy Messigian

The beginning of a new year means new laws that will take effect in California.  Some of the laws that are of particular interest to employers in the hospitality industry are below:

–          Minimum Wage Increases: The minimum wage in California is increasing to $9/hour effective July 1, 2014.  Employers should confirm whether currently exempt employees will continue to meet any minimum compensation requirements once the minimum wage increases (e.g., twice the minimum wage will become $720 a week or $37,440 a year).  Additionally, San Jose and San Francisco have increased the minimum wages in their municipalities to $10.15/hour and $10.74/hour, respectively, each effective January 1, 2014.  Come 2014, employers who fail to pay minimum wages may be subject to liquidated damages to the employee in addition to existing penalties. 

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Avoiding Wage & Hour Liability in 2014

by Frank C. Morris, Jr.

Never has the potential peril for misclassification of individuals as independent contractors or employees as exempt been greater.

As each level of government tries to ferret out every possible dollar of potential tax revenue, a target of choice has become the alleged employer misclassification of individuals as independent contractors because of the reduced payroll taxes from independent contractors versus employees. Employer problems in this area are compounded by differences between the Internal Revenue Service (“IRS”), U.S. Department of Labor (“DOL”), and Equal Employment Opportunity Commission tests for independent contractors’ status.

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ILN Today Post


Royal Oak, Michigan, DECEMBER 23, 2013:  Finance Monthly recently named Howard & Howard’s Joseph J. DeVito one of the recipients of the ‘Deal Maker of the Year Award’ for 2013, which was published in a special awards edition of the magazine.

Now in its third year, the Finance Monthly Deal Maker Awards have quickly garnered a reputation as an industry standard for recognizing M&A expertise in corporate, private equity, investment banking and legal fields.

Over recent months Finance Monthly’s diligent research team and dedicated judging panel have worked tirelessly to assess nomination entries and conduct extensive research involving clients and peers. The end result is an awards publication that contains some of the most successful and trusted firms from across the globe.  More…

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New Paid Leave Benefits for 2014: Sick, Bereavement and Caregiver Leave

By:  Anna A. Cohen and Nancy L. Gunzenhauser

A number of states and localities will require paid sick and bereavement leave, as well as caregiver leave benefits in 2014.

Paid Sick Leave

New York City, Jersey City, New Jersey and Portland, Oregon will require employers, with some exceptions, to provide paid sick leave in 2014.  Portland’s law becomes effective on January 1, 2014, Jersey City’s law becomes effective on January 24, 2014, and New York City’s law becomes effective April 1, 2014.  As we previously reported, these cities join San Francisco, California, Seattle, Washington, the District of California and Connecticut in requiring paid sick leave.

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OSHA Introduces On-Line Filing Tool to Facilitate More Whistleblower Complaints

By Eric J. Conn and John F. Fullerton III

As we reported on Epstein Becker & Green’s Financial Services Employment Law Blog, the Department of Labor – OSHA announced earlier this month that employees protected by the whistleblower provisions in any one of the 22 statutes administered by OSHA, from claims of retaliation under the OSH Act based on workplace safety and health complaints, to financial fraud whistleblower retaliation under the Affordable Care Act or Sarbanes-Oxley, can now file their retaliation complaints with OSHA on-line.  Specifically, in a December 5, 2013 press release, OSHA revealed a new web-based tool available for whistleblowers to submit their complaints to OSHA directly on-line, and introduced the on-line complaint form itself.

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Data Privacy and Cybersecurity Alert: Don’t be a TARGET — No pun intended

As you read this, you have most likely already cancelled one or more of your debit and/or credit cards if you recently shopped at a Target store. If you have, you are not alone. The Target breach, which affected 40 million credit card and debit card users, is the second largest credit card theft ever. While the massive data breach at Target has caused millions to again realize the risk of a data breach, entities that accept, store or utilize any type of Personally Identifiable Information (PII) and/or Protected Health Information (PHI) should see Target as yet another wake up call; a reminder that entities, even the most sophisticated, must do more to prepare for these inevitable, and potentially catastrophic, events. Do not think that you are exempt because you are not a Fortune 500 Company. Bad actors, rogue employees and mere negligent employees are causing data breaches and substantial liability on an exponential basis for much smaller companies.

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Lidings secures a significant victory in the RF SCC

On the 8th of October, the Presidium of the Supreme Commercial Court of the RF satisfied the claim of Demesne Investments Limited, a subsidiary of the well-known Irish bank Anglo-Irish Bank (the state bank of Ireland, henceforth referred to as the IBRC), by recognizing in the territory of the RF the decision of the High Court of Northern Ireland, brought against the company Galfis Overseas Limited.

In Russia the matter of recognition turned into an argument between Demesne Investments Limited, Galfis Overseas Limited and several Russian companies: JSC “Vneshkonsalt”, LLC “Construction Technologies” and LLC “RLC Development”. Demesne Investments Limited was represented by Lidings.

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Andra Rubene on division as the means for focusing on the main business, distribution of risks or letting the partners to each go their own way, “Dienas Bizness”

Andra Rubene

On 21 November 2013, in the newspaper “Dienas Bizness”, section “Saldo”, article “Division – an opportunity to introduce order in a company” Andra Rubene, Partner and Head of M&A Practice Group in Latvia, from law office TARK GRUNTE SUTKIENE, informs about:

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