McDonald Hopkins attorney Rick Hindmand was a panelist for the AHLA’s webinar “Medicare Chronic Care Management: Billing, Compliance, and Implementation Issues,” on March 24, 2015. This program examined Medicare policies for billing under new the Chronic Care Management (CCM) codes along with related implementation and compliance challenges.
Monthly Archives: March 2015
Pat Williams is chairing and also speaking along with Veronica Franco at the Continuing Legal Education Society of BC Strata Property Update, taking place today at the Pan Pacific Hotel. They are speaking on the subjects of council meetings, special general meetings and council’s duty to enforce bylaws.
Limitations Period For Bringing Discrimination and Retaliation Claims May Be Contractually Shortened
A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois.
In Lugihibl, a bank employee brought sex and age discrimination and retaliation claims against his employer after he was discharged. While the discharged employee filed his EEOC charge within the 300-day period allowed in Illinois, he filed it after the six-month (or 180-day) period that he contractually agreed to in his incentive compensation agreement for bringing such claims. Specifically, the incentive compensation agreement stated that the employee would not commence an employment-related action “[m]ore than six months after the termination of Employee’s employment, if the action or suit is related to the termination of Employee’s employment,” or “[m]ore than six months after the event or occurrence on which Employee’s claim is based, if the action or suit is based on an event or occurrence other than the termination of Employee’s employment.” The discharged employee also contractually agreed to waive any statute of limitations periods that were contrary to this position.
NLRB Extends “Specialty Healthcare” to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces
My colleague Barry A. Guryan published a Health Employment And Labor (HEAL) blog post that will be of interest to many of our readers: “NLRB Extends “Specialty Healthcare” to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces.”
Following is an excerpt:
Ever since 1974, when the NLRB(“Board”) first took jurisdiction over health care institutions, the Board has paid particular attention to the impact of union organizing on the delivery of healthcare in this industry in general and of acute care hospitals in particular. When the Act was first amended in 1974, it stated its objective at that time was to avoid a “proliferation of bargaining units” as one method to limit the inevitable disruption created by numerous elections and negotiations while at the same time balancing employee’s opportunity to exercise its Section 7 rights to organize and collectively bargain.
Prior user under s 7 Patents Act 1990 (C’th) will not invalidate a patent if the act did not actually make publicly available all the relevant information necessary to disclose all the essential integers of the impugned claims, according to the Federal Court in a decision handed down 13 March 2015: Damorgold Pty Ltd v JAI Products Pty Ltd  FCAFC 31.
The Full Federal Court has made it clear that prior user attacks cannot rely merely on whatcould have happened, only on what did happen.
The case involved a patent for a spring assisted blind mechanism – a type of roller blind. At trial a number of the claims were struck down for lack of novelty based on prior user, the evidence in relation to which was that (paras , ): More…
The Medal was created in 1998, to be awarded from time to time to a member or former member of the Society “who has achieved excellence in the legal profession, who has made a significant contribution of service to the community and who embodies the highest ethical standards”.
Ted will be receiving the award on June 16, on the occasion of the Society’s Annual Human Rights Lecture.
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation 2015/3/20 21:39:02
The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.
One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.
Over the past ten years, there has been an increase in various activities by arbitration institutions around the world to compete for influence in international dispute resolution. Undoubtedly, each arbitration institution has its own characteristics and parties will always have their own preferences. However, some have posited that there is a general trend of convergence among different arbitration institutions in terms of practices and rules. If true, such a convergence would hopefully make the selection of arbitration institutions and arbitration rules less of a critical and contested issue for parties in contracts negotiations.
Many health care businesses assume that HIPAA compliance guarantees protection from data breaches. Unfortunately, this is not a correct assumption. The health insurance company Premera Blue Cross recently announced that it was the target of a sophisticated cyber attack. It is estimated that the personal information of eleven million individuals may have been accessed by […]
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