Monthly Archives: January 2014
On January 29, Davis Malm shareholder Thomas S. Fitzpatrick co-chaired the 13th annual “Business Litigation 2014” conference hosted by Massachusetts Continuing Legal Education. Mr. Fitzpatrick presented with co-chair Michael F. Connolly at the opening program “Year-in-Review: Top 10 Cases,” which provided an analysis of how these cases impacted the practice of law. He also moderated the program “Business Litigation Session Judicial Panel,” which provided insightful, practical tips from Business Litigation Session Judges Thomas P. Billings, Mitchell H. Kaplan, Christine M. Roach, and Janet L. Sanders.
Michigan taxpayers have until Feb. 10, 2014 to apply for an exemption from their personal property taxes if they have less than $80,000 of combined true cash value of industrial or commercial personal property owned by, leased by or in their possession and/or related entities in a single local taxing jurisdiction. Taxpayers owning such eligible personal property may claim the exemption by filing an affidavit on Form 5076 each year for each jurisdiction in which the taxpayer is eligible for the exemption.
Healthcare Alert: The direct primary care home plan: A preferable and profitable alternative to traditional insurance under the ACA?
Under the provisions of the Affordable Care Act (ACA), by March 31, 2014, most United States citizens must acquire a Qualified Health Plan (QHP), or pay a penalty. A QHP is an insurance plan that is certified by the Health Insurance Marketplace,1 provides essential health benefits, follows established limits on cost-sharing (like deductibles, copayments and out-of-pocket maximum amounts), and meets other requirements. A little known provision of the ACA provides that QHPs may provide coverage through a qualified direct primary care medical home plan (DPC), paired with high deductible “wrap-around” insurance.2 This represents a non-traditional alternative to standard insurance products for consumers under the ACA. As discussed below, a DPC may offer better medical care, at lower costs to patients, and at higher profit margins to healthcare providers.3
Richik Sarkar will be speaking at the Residential Mortgage Litigation and Regulatory Enforcement Conference on Friday, January 16th. He will be speaking on Third Party Vendor Management in the Mortgage Servicing Context.
Healthcare and Data Privacy Alert: A surge in healthcare data breaches: Failure to comply with HIPAA is costly
A recent and costly settlement is the latest reminder of the importance of HIPAA compliance. At year-end 2013, the Office for Civil Rights(OCR) of the U.S. Department of Health and Human Services (HHS) and a dermatology practice, Adult & Pediatric Dermatology, P.C. (the Group), entered into a resolution agreement that breaks new ground in imposing sanctions for failure to maintain written policies and procedures. The resolution agreement serves as a reminder of potential Health Insurance Portability and Accountability Act (HIPAA) exposure for covered entities and business associates. The settlement is based on OCR’s findings that the Group failed (i) to perform risk analysis as required under the HIPAA Security Rule, and (ii) to have written policies and procedures and train members of its workforce as required under the Breach Notification Rule. The settlement requires the Group to pay $150,000 and implement a corrective action plan. The press release, resolution agreement and corrective action plan are available here.
Joan Disler, chair of Epstein Becker Green’s employee benefits steering committee, co-founder of the firm’s Women’s Initiative, and a co-editor of this blog, is featured in a recent Law360 Female Powerbrokers Q&A.
Joan, whose career included a period of working a reduced hour schedule when her children were young, points out how family and work priorities shift over time. She strongly suggests that women, “find a way to make that work without giving up your commitment to your career.”
I’m happy to announce that our first firm of the month for 2014 is Salloum & Company in the United Arab Emirates!
The law firm Lefèvre Pelletier & associés (LPA) advised Hong Kong-based energy group Symbior Energy and its affiliated company Symbior Solar Siam in the acquisition by the Mekong Brahmaputra Clean Development Fund L.P. (MBCDF – a fund focused on development using clean technology) of a 49% interest in Symbior Elements Holdings. More…