Monthly Archives: July 2014

McDonald Hopkins Government Strategies Advisory: This Week in Washington — July 11, 2014

No Republican Presidential nominee has won the White House without carrying the state of Ohio since 1860, something not lost on Republicans today who announced this week that they had selected Cleveland, Ohio to host the 2016 Republican National Convention. Cleveland beat out several cities along the way, in the end besting Dallas in the final decision.

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Stuart Weitzman Turns Its Shoe Obsession into Success

2014 has been a banner year so far for shoemaker Stuart Weitzman. The luxury shoe brand is a top choice for a dizzying array of starlets who love Weitzman’s combination of style and comfort – such as Beyoncé who has claimed to have danced a thousand miles in hers, and Kate Middleton who sported a pair of Stuart Weitzman wedges when the Royal Couple visited Australia – and the brand made a big splash with the launch of SWxYOU.

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The ACA Still Has Its Day in Court, Now Over Subsidies, in Law360

Our colleagues Kara Maciel, a Member of the Firm in the Labor and Employment, Litigation, and Health Care and Life Sciences practices, in the Washington, DC, office, Mark Trapp, a Member of the Firm in the Labor and Employment and Litigation practices, in the Chicago office, and Adam Solander, an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office, wrote an article titled “The ACA Still Has Its Day in Court, Now Over Subsidies.” (Read the full version – subscription required.)

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Forum Selection Clauses Can Mean Savings for Employers,

When it comes to the enforcement of restrictive covenants, such as non-compete, non-solicitation and confidentiality agreements, not all states are created equal. The very same restrictive covenant enforced in one state may be unenforceable in another.

Most employment agreements address the issue by adding a choice of law provision, which chooses the state law that will apply to the agreement. Yet, a choice of law provision by itself is not enough.

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Multistate Tax Update — July 10, 2014

On July 1, 2014, the U.S. Supreme Court granted certiorari to Direct Marketing Association v. Brohl. This case arrives at the U.S. Supreme Court after the 10th Circuit Court declined to rule on the constitutionality of a 2010 Colorado use tax reporting law (Direct Marketing Ass’n v. Brohl, 735 F.3d 904 (10th Cir. 2013)). 

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Medicare’s Proposed Home Health Rule for 2015: CMS Suggests Only Limited Relief to the Face-To-Face Encounter Documentation Requirements but Continued Compliance Burdens on Home Health Agencies

On July 7, 2014, the Centers for Medicare & Medicaid Services (“CMS”) published proposed changes to the Medicare Home Health Prospective Payment System (“HH PPS”) for calendar year 2015 (“Proposed Rule”).[1] The Proposed Rule would update the HH PPS payment rates effective January 1, 2015, including continued implementation of the rebasing adjustments as required by the Affordable Care Act (“ACA”).[2] CMS projects that these proposed payment rate changes would result in overall payment reductions to home health agencies (“HHAs”) of $58 million, or 0.30 percent. CMS proposes a number of additional changes, including recalibration of the home health case-mix weights and changes to the home health quality reporting program requirements that would establish a minimum submission threshold for the percentage of OASIS assessments that an HHA must submit each reporting period. CMS is also asking for comments on a home health value-based purchasing model that it is considering testing in certain states beginning in 2016.[3]

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Navigating the New Normal – Where to Start

The final session I attended at the P3 conference was TyMetrix’s “Navigating the New Normal – Where to Start.” The panel was moderated by John Strange of Baker Botts, and included Holly Montalvo, TyMetrix, Peter Eilhauer, Elevate Services, and Toby Brown, Akin Gump.

The attendee guide reads: 

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Healthcare Alert: The Affordable Care Act is not a free pass for anti-competitive mergers

While the Affordable Care Act (ACA) incentivizes mergers of hospitals, physician groups, and other providers and facilities, the FTC is scrutinizing mergers that would leave few local healthcare options for patients seeking care close to home in an effort to ensure competition is preserved and protected in the process. FTC Commissioner Julie Brill declared in a recent keynote address in Washington, D.C. that the ACA “is not a free pass” and promised to use the power of the FTC to step in to challenge suspect acquisitions. After a self-described “string of court losses in the mid- and late-1990s,” the FTC is now emboldened by what Commissioner Brill characterized as “an impressive string of victories under our belt” that have served to unravel numerous hospital mergers since 2007.

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Healthcare Alert: The Affordable Care Act is not a free pass for anti-competitive mergers

While the Affordable Care Act (ACA) incentivizes mergers of hospitals, physician groups, and other providers and facilities, the FTC is scrutinizing mergers that would leave few local healthcare options for patients seeking care close to home in an effort to ensure competition is preserved and protected in the process. FTC Commissioner Julie Brill declared in a recent keynote address in Washington, D.C. that the ACA “is not a free pass” and promised to use the power of the FTC to step in to challenge suspect acquisitions. After a self-described “string of court losses in the mid- and late-1990s,” the FTC is now emboldened by what Commissioner Brill characterized as “an impressive string of victories under our belt” that have served to unravel numerous hospital mergers since 2007.

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Two for Tuesdays: Thought Leaders to Follow

I may be on vacation this week, but it doesn’t mean that you’re without content here at Zen! We’re back with another Two for Tuesdays, and our second installment of “thought leaders to follow!”

Thought Leader One: Eric Fletcher

Eric’s blog bio tells us: 

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