Monthly Archives: November 2021

Video: Getting Ready for the No Surprises Act – Thought Leaders in Health Law

From our Thought Leaders in Health Law video series:  Is your organization ready for the No Surprises Act (NSA)? The law goes into effect January 1, 2022, and contains a new federal ban on surprise billing as well as new disclosure requirements.

The NSA applies to certain payors, providers, facilities, and ancillary service entities that support patients who receive emergency services or other non-emergency services at certain facilities, such as hospitals, hospital outpatient departments, and ambulatory surgical centers.

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ILN Today Post

RSS, A Century-Young Law Firm

The year 2021 will take its place in history as a time when in every corner of the world there was a battle raging against the COVID‑19 pandemic. The year 2021 will forever be marked by the global scars resulting from individual and community loss and tragedy, the overwhelming medical challenges that we faced, and ultimately, the miraculous medical triumphs achieved.

However, amidst this dark cloud that loomed so prominent during 2021, there nonetheless remained somewhat of a “silver lining” for RSS because, for the RSS family, 2021 marked the firm’s 100th year anniversary.

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ILN Today Post

Deal Update: A&A team advises Digivriddhi Technologies Private Limited in raising its Pre-Series A Investment round

Ahlawat & Associates’ Corporate Team (“A&A”) has advised Digivriddhi Technologies Private Limited (hereinafter referred to as the “Company”), on its Pre-Series A Investment round wherein the investment was undertaken by IE Venture Fund I (“Investor 1”) and Omnivore Partners India Fund 2 (“Investor 2”). The deal value of the Pre-Series A Investment round amounted to USD 3.1 Million.

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Can Accountants Blow the Whistle on Clients? The Superior Court Sheds Some Light on this Question

By Emily Dikranian, from our Insurance Law Practice Group

Emily Dikranian is an associate at our Montreal office, and she is a member of our Professional Liability Practice Group. Her practice includes defending the interests of accountants with respect to reputation-menacing claims and lawsuits. She works closely on such matters with our Élisabeth Laroche, Katherine Delage, Laurence Gauthier, and Alice Bourgault-Roy.

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Video: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections – Employment Law This Week

As featured in #WorkforceWednesday:  This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for in 2022.

Sixth Circuit Prepares to Review OSHA Vaccine ETS

Last week, the Sixth Circuit was selected by lottery to hear the consolidated legal challenge to the Biden administration’s OSHA “vaccine or test” mandate for large employers. Prior to the lottery, OSHA was enjoined by the Fifth Circuit from enforcing the mandate. While OSHA has announced that it is suspending enforcement for the time being, the deadlines for compliance, December 5 and January 4, remain in effect.

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The importance of identifying the correct applicant in Australian trade mark applications

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the applicant and that it is the actual owner of the mark.

Whilst it might seem innocuous, incorrectly identifying the applicant in a trademark application could have some damaging consequences, including that a registered trademark owner may be unable to enforce its rights in the mark on the basis that it is not the true owner.

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ILN Today Post

Federal government issues new cybersecurity incident reporting rule for banks and bank service providers

Last week, the federal government published a Final Rule imposing new cybersecurity incident notification obligations upon certain banks and bank service providers.

Specifically, banking organizations covered by the Rule must give notice to their primary regulator as soon as possible and not later than 36 hours after determining certain cybersecurity incidents have occurred, even if the banking organization is not aware of any unauthorized access of acquisition of sensitive customer information. Similarly, bank service providers also have a new notification obligation to their bank organization clients.

Click here for more information on what organizations the Rule applies to, examples of incidents that would trigger notification obligations, and insight on next steps banks and service providers should take.

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Five Essential Post-Pandemic Networking Tips for Lawyers

Just kidding – we’re not post-pandemic.

But in all seriousness, the last two years have dramatically changed the way in which we connect. But while some things may be different, other things will always remain the same.

One of my most popular posts this year was 5 Essential Networking Tips for Lawyers, so I thought I would update it for you to discuss what has changed and what has stayed the same, particularly as we head into the holiday season formerly filled with networking parties and now filled with additional lockdowns and questions about the future.

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CMS Releases Long-Awaited Final Guidance on Hospital Co-Location and Space-Sharing Arrangements

On November 12, 2021, the Centers for Medicare and Medicaid Services (“CMS”) released final guidance confirming that hospitals can be co-located with other hospitals or healthcare providers. CMS’ aim for the guidance is to balance flexibility in service provision for providers with ensuring patient confidence in CMS’ quality of care oversight functions.  The final guidance provides direction to state surveyors in the evaluation of a hospital’s compliance with the Medicare Conditions of Participation (“CoPs”) when it is sharing space or contracted staff through service arrangements with another co-located hospital or healthcare provider.  CMS also reiterated a key tenet of co-location arrangements: that each provider must independently meet its applicable CoPs, but, overall, the final guidance is less prescriptive than the draft guidance CMS released in May 2019, and in its wake raises new questions for providers.

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Podcast: How Will Biden’s Executive Order Impact Future Hospital Mergers? – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  We’re beginning to see how mergers and acquisitions in the hospital industry are being impacted by President Biden’s executive order promoting competition in the American economy. The Federal Trade Commission recently announced policy changes, and the Department of Justice has been asked to consider policy changes, that boards of directors and C-suite officers must take into account when weighing transactions.

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