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Articles by JD Supra
Popular Reads on JD Supra | JD Supra
It's what medical marijuana, digital assets, AI, quantum law, safe harbors, PFAS reporting, state privacy laws, antitrust matters, return-to-office policies, red flag warnings, immigration news, and business identity theft have in common.
Should your company go public?
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New EO on AI, innovation, and security
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AI in the boardroom: What directors need to know now
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USPTO launches AI-powered image search for trademarks
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Managing the workforce during a crisis
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What HR leaders need to know about EEOC enforcement priorities
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DEI enforcement update: EEOC investigations, Title VII litigation, and risks for employers
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What employers need to know about ‘anti-American’ bias in the workplace
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ERISA claim can proceed against 401(k) plan
A federal judge has ruled that an ERISA class action can proceed alleging that administrators of a 401(k) plan breached their fiduciary duties by putting forfeited matching contributions toward reducing the employer’s matching obligations rather than toward defraying administrative expenses. Under the terms of the plan administered by defendant Fresenius Medical Care North America, the defendant matched employee contributions to the plan.
Another federal appellate court finds ERISA plan arbitration clause unenforceable
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Workplace violence puts healthcare employers at legal risk
To support workers and avoid fines and other enforcement actions, employers in the healthcare industry may wish to analyze risk factors and take proactive steps to maintain a workplace free from violence. #2 In a social media landscape shaped by hashtags, algorithms, and viral posts, nurse leaders must decide: Will they let the narrative spiral, or can they adapt and join the conversation? ...
Trump administration to pause immigrant visa processing for 75 countries
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OIG audit of Humana Medicare Advantage contract underscores continued scrutiny of high-risk diagnoses and ongoing disputes over audit methodology
On December 16, HHS-OIG published the results of its audit of a Louisiana-based Medicare Advantage contract for Humana, the second-largest Medicare Advantage organization in the country.1 OIG's audit continues a pattern of heightened regulatory scrutiny of certain 'high-risk' diagnosis codes submitted by MAOs for payment from CMS.
New CA law reshapes PBM rules
Effective January 1, 2026, California's Senate Bill 41 (SB 41) fundamentally reforms pharmacy benefit manager practices. It prohibits spread pricing, mandates a passthrough pricing model, and requires rebates to be passed to payers. The law bans discriminatory network steering, protects pharmacy ancillary services, and establishes new claims payment integrity rules. PBMs must be licensed by 2027 and owe a fiduciary duty to payers.
So you want to start a concierge medicine practice? Here are five key legal considerations
With increased consolidation of traditional medical practices and declining reimbursement rates, many physicians are turning to alternative models like concierge medicine to preserve their independence. Tagged Under: #2 In a social media landscape shaped by hashtags, algorithms, and viral posts, nurse leaders must decide: Will they let the narrative spiral, or can they adapt and join the conversation? ... Read More
AR bans physician non-compete agreements
Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 139, now Act 232, which amends the state's non-compete statute to provide that non-compete covenants that "restrict the right of a physician to practice within the physician's scope of practice" are void. The term "physician" includes any person authorized or licensed to practice medicine under the Arkansas Medical Practice Act and any person licensed to practice osteopathy under Arkansas law.
Navigating the Complexities of Cannabis and Road Safety
1 minute reading time (67 words) Navigating the Complexities of Cannabis and Road Safety Cannabis News January 31, 2025 As the legalization of recreational cannabis continues to gain momentum across the United States, the need to address its impact on road safety has become increasingly urgent.
Navigating the Complexities of Cannabis and Road Safety
As the legalization of recreational cannabis continues to gain momentum across the United States, the need to address its impact on road safety has become increasingly urgent. Colorado, a pioneer in cannabis legalization, has emerged as a central hub for groundbreaking research into the effects of cannabis and driving. Federal scientists, armed with innovative tools and methods, are tackling critical questions about cannabis impairment and working to fill the gaps in our understanding.
Cannabis Trends in 2025
1 minute reading time (67 words) Cannabis Trends in 2025 Cannabis News January 7, 2025 2024 was a primarily lean and flat year for the U.S. cannabis industry. The state-legal cannabis industry has been volatile from its inception, and 2024 represented a year of winnowing with many cannabis businesses failing.
Cannabis Trends in 2025
2024 was a primarily lean and flat year for the U.S. cannabis industry. The state-legal cannabis industry has been volatile from its inception, and 2024 represented a year of winnowing with many cannabis businesses failing. 2025 has some light on the horizon, though, with the prospect of the Drug Enforcement Administration’s (“DEA”) rescheduling of cannabis from Schedule I to Schedule III. Until that occurs though, you can expect that cannabis in 2025 will be just as rocky as in 2024.
The Year in Taxes – 2024 Popular Reads on JD Supra | JD Supra
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The Year in Education – 2024 Popular Reads on JD Supra | JD Supra
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Healthcare employers must prepare for OSHA to release proposed workplace violence rule by year's end
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information, news, education and entertainment for the commercial bank, finance and leasing industry
Roglieri Arrested for Wire Fraud FBI agents took the loan broker into custody Friday morning By Ken Greene, Esq., Leasing New Emeritus As is so often the case, the cat catches the mouse when the mouse is no longer able to run.
The Role of Product Management in Law Firm Technology Initiatives
The Role of Product Management in Law Firm Technology Initiatives According to an article by JD Supra, law firms that harness the expertise of seasoned product managers are poised to revolutionize their approach to deploying experience management solutions. Through a strategic integration of product vision and project execution, law firm technology initiatives can unlock unprecedented efficiencies, elevate client satisfaction, and cement their firm’s position at the forefront of legal innovation.
What We're Reading, Watching, and Listening To: May 2024 | JD Supra
A roundup of news and multimedia from the Unfamiliar Terrain team: Small and Mighty: How small businesses can reinvent downtown San Francisco (SPUR Policy Brief): SPUR’s research, drawn from a literature review and interviews with City staff, small business owners, and nonprofits, pinpoints seven interventions that would make a difference to help small downtown businesses succeed. These tech workers want to build a co-living ‘campus’ across a square mile of S.F. But for whom?
Stange Law Firm, PC President Kirk C. Stange Recognized As A Top Author By JD Supra
Stange Law Firm, PC President Kirk C. Stange Recognized As A Top Author By JD Supra 3/7/2024 9:15:53 AM ST. LOUIS, Mo. - March 7, 2024 - Kirk C. Stange, President and Founding Partner of the multi-state divorce and family law firm Stange Law Firm, PC, has once again been recognized as a part of JD Supra's 2024 Readers' Choice Awards. Now in their ninth year, the annual awards honor and recognize thought leaders for achieving the highest visibility and engagement among readers in 2023.
Montefiore Medical Center settles HIPAA breach for $4.75M
An internal investigation that found that an employee of the New York hospital system sold patient information to an identity theft ring. Tagged Under:
“ESI Protocol” v. “Discovery Plan”
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that Rule requires a “report” with a “discovery plan” that contains information that may not be in an ESI Protocol.
Religious accommodations, Part 1: What’s a “religion”? | JD Supra
On September 25 a federal court in New York dismissed a lawsuit accusing an employer of failing to accommodate an employee’s religious beliefs as a member of the “Temple of the Healing Spirits” located in “Deland city, Florida Republic.” I’m not making that up.
Nursing home ownership affiliations published on Nursing Home Care Compare
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Tips for healthcare organizations handling negative online reviews
A recent HIPAA settlement involving a healthcare provider and the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), underscores the importance of proceeding cautiously in responding to online reviews. Get the latest on healthcare leadership in your inbox. Share this:
Connecticut governor signs legislation implementing new requirements for hospitals and nursing home facilities
Connecticut Governor Ned Lamont recently signed two important pieces of legislation that affect hospitals and certain Medicaid providers and programs. One, Public Act No. 23-29, addresses new hospital discharge obligations for state hospitals. The second, Public Act No. 23-186, implements various changes affecting the state Medicaid program and enrolled providers. Share this:
NY nursing home minimum staffing assessments set to begin
Nursing homes that fail to adhere to the minimum staffing standards in any quarterly period face civil penalties of up to $2,000 per day that they are out of compliance. DOH will provide an opportunity to nursing homes that receive a notice of non-compliance to (i) request a redetermination if an error occurred in the assessment; or (ii) apply for a penalty reduction if the nursing home is able to demonstrate that certain mitigating or aggravating factors are present. Share this:
Key Regulatory Considerations for Direct Pay and Concierge Models in Family Medicine (JDSupra, By Smith Anderson)
Est in 2007 Concierge Medicine Today, LLC | Disclaimer, this site does not constitute medical, financial or legal advice. | (C) 2023 All Rights Reserved. | Tel (770) 455-1650 | Email: Editor@conciergemedicinetoday.org Search for... National Headlines May 10, 2023 Written By Smith Anderson, Published In Business Model, JD Supra As the health care industry continues to evolve at a rapid pace, many family physicians are exploring innovative practice models, including concierge and direct pay care.
HHS announces continuing telehealth flexibilities following the end of the Covid-19 PHE
Congress extended many telehealth flexibilities under the Medicare program through December 31, 2024, via the 2023 Consolidated Appropriations Act. The Drug Enforcement Agency (DEA) and HHS Substance Abuse and Mental Health Services Administration (SAMHSA) also extended behavioral telehealth and prescribing flexibilities through November 11, 2023, with some opioid flexibilities through May 11, 2024, pending the issuance of new final rules. Share this:
FCC Intl. Section 214 Order: Major Changes
By JD Supra April 28, 2023 On April 25, 2023, the Federal Communications Commission (FCC or Commission) released an Order and Notice of Proposed Rulemaking on international Section 214 authorizations (the Order and NPRM), which authorize the provision of international telecommunications service. The item was unanimously adopted at the Commission’s April 20 Open Meeting.
The Pennsylvania rural health model: Lessons learned and what’s next for rural payment policies
Since 2010, a reported 140 rural hospitals have closed their doors, including a record 19 hospitals in 2020 alone as a result of the financial pressures of COVID-19 compounded by many other long-standing challenges facing these health systems. Share this:
Understanding telehealth and the risks of medical malpractice
Patients need to understand the risks and potential problems associated with telehealth visits to avoid additional injuries. Medical malpractice can become more of a danger than ever. Share this:
Tips for long term care providers' prevention of and defending against quality of care allegations
Quality of care allegations against long term care providers are a focus for the Biden administration, the Department of Justice (DOJ), and the HHS-OIG – all of whom are targeting providers whom they deem to be providing grossly substandard care to their residents. For example, in June 2022, the DOJ filed a high-stakes lawsuit under the False Claims Act against nursing homes for allegedly providing grossly substandard skilled nursing services to residents.
CMS proposes additional disclosure requirements for nursing facilities
The Centers for Medicare & Medicaid Services (CMS) released a proposed rule (Proposed Rule) intended to require additional disclosures related to the ownership and management of nursing facilities that accept federal reimbursement. Comments to the proposed rule are due April 14, 2023.
Buying distressed operations in the skilled nursing facility space
The “Nursing Home Covid-19 Data Dashboard” maintained by the Centers for Disease Control and Prevention (CDC) shows that COVID-19 had an unusually intense impact on the long term care community. Cases among nursing home residents first peaked during the end of December 2020, at a rate of 31 cases per 1,000 residents, and then took a steady decline for several months.
Telehealth issues to watch in 2023
Since some of the key regulatory waivers that fueled this expansion are temporary, the landscape for telehealth providers in 2023 may present new challenges. Share this:
Regulatory considerations in acquisitions of troubled long term care facilities
Post-acute and long term care providers have endured a state of distress since March 2020, not only from the challenges created by the COVID-19 virus, but also from ever-increasing regulatory compliance burdens, changes in reimbursement rates, and uncertainty in how long term care services and support will be delivered.
Home health and hospice - a look at value-based initiatives underway in 2023
By now, we are all familiar with the concepts of value-based care and the transition away from a payment system built primarily on a fee-for-service reimbursement methodology to a patient centered model that focuses on coordinated, high quality, and lower cost care. In fact, Centers for Medicare & Medicaid Services (CMS) continues to remind us that it expects all Part A and B Medicare beneficiaries to be in a care relationship with accountability for quality and total cost of care by 2030.
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Court Rules Rivian, Lucid May Sell Vehicles Direct in IL
Written by Seyfarth Shaw, JD Supra Published Jan. 20, 2023 On Dec. 19, an Illinois state trial court issued an order dismissing, with prejudice, a complaint filed by the Illinois Automobile Dealers Association (IADA) and numerous individual franchised dealers against Rivian, Lucid and the Illinois Secretary of State. Rivian and Lucid are EV manufacturers that sell their vehicles direct to consumers rather than through franchised dealers.
CMS announces initiatives to strengthen nursing home safety and transparency
On January 18, 2023, CMS issued a Quality, Safety & Oversight Group memorandum announcing its initiative to improve nursing home safety and transparency. Specifically, CMS will conduct audits to determine whether nursing homes are appropriately diagnosing and coding patients for schizophrenia, and based on the audit findings, CMS will adjust the quality measure star ratings if inaccurate coding is discovered.
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