CMS Solicits Comments for 2008 PQRI and PAQI Fund - 07/25/07
Health Care
July 24, 2007
On July 12, 2007, the CMS issued a proposed rule with respect to the Physician Quality Reporting Initiative for calendar year 2008.
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CMS Says Providers Can Charge for Missed Appointments - 07/18/07
Health Care
July 18, 2007
On June 29, 2007, the Center for Medicaid & Medicare Services ("CMS") implemented a new policy that will allow physicians, providers, and suppliers to charge Medicare beneficiaries for missed appointments.
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New Fee Increases For USCIS Filings - 0717/07
Immigration
July 17, 2007
Beginning July 30, 2007, United States Citizenship and Immigration Services will increase its filing fees for all nonimmigrant and immigrant applications and petitions, as well as naturalization applications, biometric fees and other related immigration documents
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CMS Issues Final Medicaid Citizenship Documentation Rule - 07/17/07
Health Care
July 17, 2007
On July 13, 2007, the Centers for Medicare and Medicaid Services (CMS) published a final rule on citizenship documentation requirements for Medicaid eligibility.
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CMS Publishes Medicaid Drug Payment Final Rule - 07/12/07
Health Care
July 12, 2007
ATTORNEYS
Alan K. Parver
Leah Mendelsohn Stone
On July 6, the Centers for Medicare and Medicaid Services (CMS) released a final rule pertaining to the reimbursement of prescription drugs under the Medicaid program. The rule will be published in the Federal Register on July 17, 2007.
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Supreme Court Overrules Per Se Prohibition on Retail Price Maintenance - 07/06/07
Business & Finance
July 5, 2007
ATTORNEYS
Thomas R. McNeill
G. Patrick Watson
In a decision sure to cause both manufacturers and retailers to examine their resale pricing policies, on June 28, 2007, the United States Supreme Court overruled the nearly 100 year old rule that agreements to establish minimum resale prices constitute per se violations of section 1 of the Sherman Act.
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FERC Issues Advanced Notice of Proposed Rulemaking Regarding Competitive Power Markets - 07/07
Energy
July 5, 2007
Also in this alert: FERC Issues Final Rule to Prevent Exercise of Market Power - FERC Issues Final Rule to Prevent Exercise of Market Power - FERC Approves $2 Million Civil Penalty for Code of Conduct Violations - U.S. Court of Appeals Rejects Challenge to FERC Authority to Prevent Market Manipulation - FERC Approves Western Power Settlements
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Are you Ready for Section 409A? - 07/03/07
Employee Benefits & Executive Compensation
July 3, 2007
ATTORNEYS
Jennifer Faucett
Steven G. Schaffer
The IRS recently issued final regulations interpreting the requirements imposed on nonqualified deferred compensation arrangements by Section 409A of the Internal Revenue Code. The final regulations are effective January 1, 2008.
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Summary Judgment for PoGo Client in Multidistrict Litigation Affirmed on Appeal - June/July
Health Care and Litigation
July 2, 2007
ATTORNEYS
V. Robert Denham, Jr.
On Wednesday, June 13, just one week after oral argument, the Eleventh Circuit Court of Appeals affirmed the grant of summary judgment to our client, Coventry Health Care, Inc., in the lead case in the Managed Care Multidistrict Litigation.
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The Government Giveth and Taketh Away - 07/07
Immigration
July 2, 2007
The Department of State announced today that effective Monday, July 2, 2007, all employment-based immigrant visa numbers were unavailable.
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New Georgia Immigration Law Affecting Employers - 06/07
Immigration
July 1, 2007
Senate Bill 529 is the Georgia Security and Immigration Compliance Act of 2006 ("the Act") and affects employers and their contractors and subcontractors who contract or subcontract with the State of Georgia for the performance of services.
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Sign Regulation Restrictions Affecting Local Governments - 06/27/07
Government Relations
June 27, 2007
ATTORNEYS
David M. Armitage
The Court of Appeals for the Eleventh Circuit handed down opinions regarding how county and municipal governments may enact and enforce their sign ordinances.
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"IRS Overhauls Old Form 990" 06/26/07
Tax
June 27, 2007
In this alert we dicuss the implications of the revised Form 990 and an overview on the revisions.
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Supreme Court Authorizes PRPs to Recover Voluntary Clean-up Costs Under CERCLA - 06/26/07
Tort Litigation & Environmental Law
June 26, 2007
ATTORNEYS
V. Robert Denham, Jr.
Joan B. Sasine
Christopher A. Thompson
Laura A. Williams
On June 11, 2007 the United States Supreme Court announced its much-awaited decision in the United States v. Atlantic Research Corp. case.
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MedCAC to Review CPAP Diagnostic Criteria - 06/26/07
Health Care
June 26, 2007
MedCAC announces upcoming meeting to discuss testing methods that may be used to support Medicare coverage for CPAP devices.
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EPA, Corps Clarify Scope of CWA Jurisdiction - 06/21/07
Tort Litigation & Environmental Law
June 21, 2007
ATTORNEYS
Christopher A. Thompson
Laura A. Williams
The federal government clarified the process it will use to determine the scope of CWA jurisdiction in an important guidance memorandum issued June 5, 2007. The guidance distinguishes between situations in which federal agencies will categorically exert jurisdiction under CWA and circumstances where the agencies will proceed under a case-by-case analysis.
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OIG Withdraws Proposed Rule on Exclusion for Excessive Charges - 06/19/07
Health Care
June 19, 2007
On Monday, June 18, 2007, the OIG of the HHS withdrew a proposed rule that would have clarified its authority to exclude providers from the Medicare and Medicaid programs for submitting claims containing excessive charges, responding to significant concerns raised by the provider community.
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New Georgia Immigration Law Affecting Local Governments - 06/12/07
Immigration
June 12, 2007
Senate Bill 529 is the Georgia Security and Immigration Compliance Act of 2006 ("the Act"). The Act affects counties, municipalities and their corresponding authorities and agencies ("Local Governments") as well as Local Government contractors and subcontractors.
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Study Finds Pay-for-Performance Is Not Associated with Significant Quality Improvement - 06/12/07
Health Care
June 12, 2007
ATTORNEYS
Leah Mendelsohn Stone
A recent study conducted by researchers at the Duke Clinical Research Institute concluded that the pay-for-performance pilot program, which was launched by the Center for Medicare & Medicaid Services in 2003, has not demonstrated a significant improvement in quality of care or outcomes in hospital patients with acute myocardial infarction.
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New Federal Minimum Wage & Posting Requirement - 06/13/07
Labor, Employment & Immigration
June 12, 2007
ATTORNEYS
Karen W. Neely
Kathryn B. Vargo
On May 24, 2007, President Bush signed the Fair Minimum Wage Act of 2007 that, among other things, increases the federal minimum wage from $5.15 in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009. These increases are the first federal minimum wage hike in ten years.
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Tropicana To Seek a Changed Circumstance Review and Revocation of an Antidumping Duty Order - 06/07
International
June 11, 2007
ATTORNEYS
Robert G. Coberly
ALSO IN THE ISSUE: Currency Issues Continue to Plague U.S. - China Relations - NASA Reveals Purported Solution to Its ITAR Problems - The Boycotts from Brazil - Court Decision on Liquidation Instructions May Require Parties to Challenge Commerce Administrative Review Decisions Early - DDTC Announces Partial Lifting of Somalia Arms Embargo - Internet Download From Iran Leads to Criminal Prosecution in U.S.
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Just When You Thought It Was Safe: Standard of Care For GA Corporate Directors & Officers Revisited - 06/07
Securities, Corporate & Fiduciary Litigation
June 7, 2007
ATTORNEYS
Thomas S. Richey
In March, the Georgia Court of Appeals ruled that officers and directors of a Georgia corporation cannot be held liable to shareholders for ordinary negligence. In late May, the Court handed down a conflicting decision in another case holding just the opposite. This is not a mere technicality. It affects the management of every corporation incorporated in Georgia, what legal standard of conduct governs their actions, and when they can be held personally liable for company and shareholder losses.
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FERC Conditionally Approves Long-Term Transmission Rights for Midwest ISO and PJM - 06/07
Energy
June 6, 2007
ATTORNEYS
C. Scott Greene
Curtis James Romig
Also in this Alert: FERC Approves Settlement Requiring Payment of $2 Million Civil Penalty; FERC Denies Stay in New England Forward Capacity Market Proceeding
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AHRQ's Online Health Care Report Card - 06/05/07
Health Care
June 5, 2007
On May 30, the AHRQ unveiled a compendium which is a searchable directory of over 200 samples of report cards produced by a variety of organizations.
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House Approves Lobbying Overhaul Package - 06/04/07
Advocacy & Government Relations
June 4, 2007
ATTORNEYS
Cynthia E. Berry
Just before leaving Washington for the Memorial Day recess, the House of Representatives passed legislation that would tighten lobbying practices and expand disclosure requirements in an effort to honor promises of reform and a more ethical environment in Congress.
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Final Rule on Cost Limit for Public Providers and Defining "Public" Status - 05/31/07
Health Care
May 31, 2007
On Friday, May 25, the CMS issued a final version of the Medicaid cost limit regulations proposed in January.
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Legislation Introduced to Extend the 340B Drug Discount Program to Inpatient Drugs - 05/24/07
Health Care
May 24, 2007
On May 14, 2007, Senators Jeff Bingaman (D-NM) and John Thune (R-SD) introduced the "340B Program Improvement and Integrity Act of 2007." This bill would extend mandatory drug pricing discounts under the federal 340B program.
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CMS Proposes Rule to Eliminate Federal Reimbursement for Medicaid Direct GME Payments - 05/07
Health Care
May 23, 2007
The Centers for Medicaid and Medicare Services issued a proposed regulation to clarify that costs and payments associated with graduate medical education (GME) programs are not eligible for federal financial participation under state Medicaid programs.
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NASDAQ Capital Market Securities to Receive Blue Sky Exemptions - 05/07
Business & Finance
May 21, 2007
ATTORNEYS
Terrence Allen Childers
Robert D. Klingler
Eliot W. Robinson
The Securities and Exchange Commission approved an amendment to a rule under Section 18 of the Securities Act of 1933 that will designate securities listed on the Nasdaq Capital Market as for purposes of Section 18.
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Single Asset Real Estate Cases - Enforcing the Stay May Be Difficult Under the New Bankruptcy Code - 05/10/07
Bankruptcy & Financial Restructuring
May 10, 2007
ATTORNEYS
Keith Miles Aurzada
When Congress recently amended the Federal Bankruptcy Laws, one important change made it more difficult for debtors in single asset real estate cases to maintain the automatic stay without filing a plan of reorganization or making interest payments to secured creditors.
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IRS Releases Guidance to Assist Tax-Exempt Organization in Completing Form 990 - 05/09/07
Health Care
May 9, 2007
On April 26, 2007, the Tax Exempt and Government Entities Division of the Internal Revenue Service ("IRS") released informal guidance to supplement revised instructions for IRS Form 990 for 2006.
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GAO Report on Medicaid Financing Fuels Congressional Debate over Proposed CMS Medicaid Regulation - 05/09/07
Health Care
May 9, 2007
On April 30, the U.S. Government Accountability Office released a report on CMS oversight of Medicaid program financing entitled "Federal Oversight Initiative is Consistent with Medicaid Payment Principles but Needs Greater Transparency."
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Recent Supreme Court Cases Emphasize Importance of Monitoring Patent Portfolio for Investors - 05/08/07
Business & Finance: Private Equity & Venture Capital
May 8, 2007
ATTORNEYS
Amanda Lang Norcross
Ryan T. Pumpian
M. Todd Wade
The Supreme Court has handed down two decisions this year that make obtaining and protecting patents more difficult. These decisions highlight important issues for companies as they seek new patents or make business decisions affected by previously issued patents and for investors in analyzing potential investments.
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Important Development in The Standard of Care for Directors and Officers of Georgia Corporations - 05/07
Securities, Corporate & Fiduciary Litigation
May 7, 2007
ATTORNEYS
Thomas S. Richey
In a recent decision, Flexible Products Co. v. Ervast, a three-judge panel of the Georgia Court of Appeals took a major step in resolving the uncertainty regarding the standard of care for officers and directors of Georgia corporations.
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Patents Now Harder To Get, Easier To Invalidate
Technology & Intellectual Property
May 3, 2007
ATTORNEYS
John C. Bush
Ryan T. Pumpian
Charles L. Warner
The United States Constitution gave Congress the power to grant patents to promote the progress of science and useful arts. On Monday, the Supreme Court, overruling precedent from the Federal Circuit, made clear that in order to promote such progress, routine improvements cannot receive patent protection.
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IPPS Proposed Rule - 05/02/07
Health Care
May 2, 2007
ATTORNEYS
Alan K. Parver
On April 16, 2007, CMS issued a proposed rule regarding changes to the Medicare Inpatient Prospective Payment System (IPPS) for fiscal year 2008. Comments on the rule will be accepted until June 12, 2007.
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CMS Clarifies Emergency Services Requirements for Hospitals - 05/01/07
Health Care
May 1, 2007
On April 26, 2007, the Centers for Medicare and Medicaid Services (CMS) issued a memorandum to state survey agency directors clarifying the regulatory requirements for hospitals' emergency capabilities.
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FERC Approves CAISO Financing Mechanism Removing Barriers to Renewable Resources - 05/07
Energy
May 1, 2007
Also in this alert: PJM Rate Design Orders May Influence Other Regions
FERC Issues NOPR Regarding Price Transparency in Natural Gas Markets
FERC Accepts NERC Regional Reliability Delegation Agreements
Court of Appeals Remands Decision Regarding FERC Jurisdiction
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Commerce Implements Some WTO - 04/2007
International
April 25, 2007
ATTORNEYS
Robert Clifton Burns
Also in this Alert:
- Before You Name Your Kids, Check the SDN List
- CAFC Addresses Affiliated Companies in Antidumping Proceedings
- "Specially Designed" May Not Mean What You Think it Means
- BIS Targets Foreign Employees of Overseas Subsidiaries
- United States Takes Several Trade Actions Against China
- DDTC Offers Further Guidance on Broker Registration to Foreign
- Sales Representatives of U.S. Companies
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Delaware Court Considers Fiduciary Duty Issues in Stock Option Backdating and Spring-Loading - 04/24/07
Business & Finance
April 24, 2007
ATTORNEYS
Eliot W. Robinson
While most of the attention and controversy regarding stock option grant practices has focused on potential accounting misstatements and related securities law violations, a pair of recent decisions of the Delaware Chancery Court demonstrates that corporate law fiduciary duty issues are presented as well.
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CMS Issues Final Rule for Medicare Competitive Acquisition Program - 04/24/07
Health Care
April 24, 2007
ATTORNEYS
Alan K. Parver
On April 2, 2007, CMS released the final rule implementing the new competitive bidding program for medical equipment, prosthetics, orthotics, and supplies (DMEPOS) as mandated by Congress in the MMA.
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Bill Permitting Medicare Drug Price Negotiation Blocked - 04/24/07
Health Care
April 24, 2007
ATTORNEYS
Leah Mendelsohn Stone
On April 18, "The Medicare Fair Prescription Drug Price Act of 2007," a Senate bill that would have allowed the government to negotiate lower prices for prescription drugs under Medicare Part D, failed on a procedural vote.
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OIG Advisory Opinion Concludes Credit Card Rewards Doesn't Violate Anti-Kickback Statute - 04/17/07
Health Care
April 17, 2007
On April 3, the Office of Inspector General ("OIG") posted Advisory Opinion 07-03 in which it determined that a nursing home's utilization of rewards from credit card purchases does not violate the federal Anti-Kickback Statute. 42 U.S.C. § 1320a-7b(b).
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New Nationwide Wetlands Permits - 04/16/07
Tort Litigation & Environmental Law
April 16, 2007
ATTORNEYS
Christopher A. Thompson
Laura A. Williams
Recently, the U.S. Army Corps of Engineers made significant changes to the nationwide permit program for wetlands and other waters of the United States. With the reissuance of forty-three nationwide permits and the issuance of six new nationwide permits, effective March 19, 2007, the Corps has expanded its jurisdiction and increased the number and type of activities covered by nationwide permits.
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Global Warming Supreme Court Case - 04/16/07
Tort Litigation & Environmental Law
April 16, 2007
ATTORNEYS
Christopher A. Thompson
Laura A. Williams
In a landmark decision regarding global warming and greenhouse gas emissions, on April 2, 2007 the United States Supreme Court ruled 5-to-4 against Bush administration efforts to avoid regulating greenhouse gas emissions from motor vehicles.
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National Provider Identifier Deadline Eased - Slightly 04/16/07
Health Care
April 16, 2007
ATTORNEYS
Sandra K. Herron
Implementation of a single, standardized provider identifier is a mammoth undertaking, and one that requires close attention to testing and planning. CMS estimates that once a Covered Entity obtains its NPI, the testing and implementation process will take 120 days - a time period longer than the time remaining before the May 23, 2007 deadline.
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CMS Posts List of Quality Measures for Physician Quality Reporting - 04/16/07
Health Care
April 16, 2007
Interested providers should review the list of quality measures to determine those measures that apply to their practices and begin preparing for submission of the quality data.
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Senator Grassley Asks GAO to Examine Nonprofit Hospitals' Community Benefits - 04/11/07
Health Care
April 11, 2007
On April 5, 2007, Senator Chuck Grassley (R-IA), the ranking minority member of the Finance Committee, requested that Congress' investigative arm, the Government Accountability Office study nonprofit hospitals' uncompensated care and other community benefits.
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Searching for Capital: Selected Legal Issues - 04/2007
Private Equity
April 11, 2007
ATTORNEYS
Stuart C. Johnson
Robert J. Lystad
Many entrepreneurs ask third parties to help them raise capital. Such persons can be classified in two different ways, from a legal perspective: as a "finder" or as a "broker-dealer". This Alert will summarize the differences between "finders" and "broker-dealers," the potential risks of using the wrong person to accomplish fundraising activities, and best practices to consider when undertaking to raise capital.
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Third Circuit Ruling: When Does the Fiduciary Exception to the Attorney-Client Privilege Not Apply? 04/09/07
Health Care
April 10, 2007
ATTORNEYS
V. Robert Denham, Jr.
Paige Arden Stanley
Under the common-law evidentiary rule known as the "fiduciary exception" to the attorney-client privilege, certain fiduciaries who obtain legal advice during the execution of their fiduciary obligations may not thereafter assert the attorney-client privilege against their beneficiaries.
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Congressional Response to Smithsonian Institution and Allegations of Abuse: What Could It Mean for Nonprofit Organizations? - 04/05/07
April 6, 2007
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Supreme Court Rejects EPA's Position on Carbon Dioxide - 04/07
Energy
April 6, 2007
ATTORNEYS
Christopher A. Thompson
Also in this edition: FERC Supports Midwest ISO Regional Expansion Criteria and Benefits Proposal and FERC Issues Final Rule Approving 83 NERC Reliability Standards
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USCIS Reaches FY 2008 H-1B Cap - 04/04/07
Immigration
April 4, 2007
U.S.Citizenship and Immigration Services (USCIS) announced April 3, 2007, that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008).
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Genetic Information Bill May See House Floor Action This Month - 04/04/07
Health Care
April 4, 2007
ATTORNEYS
Cynthia E. Berry
A bill to address concerns about the potential for discrimination in employment and insurance based on genetic information is almost ready for House floor action after attempts to pass the bill in several previous Congresses have stalled in committee.
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Fiscal Year 2008 Senate Budget Resolution - 03/21/07
Health Care
March 21, 2007
ATTORNEYS
Alan K. Parver
Leah Mendelsohn Stone
On March 15 the Senate Budget Committee reported its fiscal 2008 budget resolution. The budget resolution contains notable provisions relating to Medicare and the State Children's Health Insurance Program (SCHIP). It also includes funding for Federally Qualified Health Centers.
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Healthcare Businesses and the Appointment of a Patient Care Ombudsman in Bankruptcy - 03/14/07
Bankruptcy & Financial Restructuring
March 14, 2007
ATTORNEYS
Wendy L. Hagenau
Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), a number of special provisions were enacted for "healthcare businesses". One provision in particular requires the appointment of a patient care ombudsman in a case under chapter 7 (liquidation) or chapter 11 (reorganization) if the debtor is a healthcare business.
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IRS Discussion Draft of Good Governance Guidelines - 03/13/07
Tax
March 13, 2007
The Internal Revenue Service has floated a discussion draft of good governance practices for Section 501(c)(3) organizations. Although still preliminary, and not approved at an official level, the guidelines are worthy of review nonetheless.
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CMS Withdraws Heightened Restrictions for Independent Diagnostic Testing Facilities - 03/06/07
Health Care
March 6, 2007
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IRS Report Released on Executive Compensation Study - 03/05/07
March 5, 2007
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FERC Issues Final Rule to Prevent Undue Discrimination in Transmission Service - 03/01/07
Energy
March 1, 2007
ATTORNEYS
Curtis James Romig
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NGA Urges Part D Implementation Changes - 02/28/07
Health Care
February 28, 2007
On January 18, 2007, the Centers for Medicare and Medicaid Services (CMS) published a proposed regulation that would dramatically affect payments to public providers and state-Medicaid financing arrangements. Since the regulation was released, opposition to the regulation has been mobilizing.
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Opposition Growing To Proposed Regulation - 02/28/07
Health Care
February 28, 2007
On January 18, 2007, the Centers for Medicare and Medicaid Services published a proposed regulation that would dramatically affect payments to public providers and state-Medicaid financing arrangements.
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Performance Management: Friend and Foe - 02/27/07
Labor & Employment
February 26, 2007
ATTORNEYS
Marilyn M. Fish
Karen W. Neely
During the upcoming months, many companies will conduct reviews of their employees' 2006 performance. In the legal arena, performance reviews and other performance documentation indeed can be a company's best friend, or worst enemy.
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Estate Planning Ideas for 2007 - 02/07
Tax
February 22, 2007
Numerous developments have recently occurred that may affect our clients' estate planning. The 2006 Congressional elections may have a significant impact on those subject to the estate tax. Other trends include new uses for revocable trusts, the increasing interest in protecting one's assets, and the continued need for business owners to plan for succession.
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The Supreme Court Puts Further Limits On Punitive Damages Awards - 02/21/07
Tort Litigation & Environmental Law
February 21, 2007
ATTORNEYS
V. Robert Denham, Jr.
W. Gordon Hamlin, Jr.
Adwoa Ghartey-Tagoe Seymour
Continuing a trend of nibbling at the margins of punitive damages cases, the U.S. Supreme Court voted 5-4 to overturn an Oregon jury verdict, ruling that it violated earlier Supreme Court decisions that put limits on punitive damages awards.
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New EPA Rule Creates Confusion Regarding When Permits Are Required - 02/20/07
Tort Litigation & Environmental Law
February 20, 2007
ATTORNEYS
Matthew L. Mattila
Joan B. Sasine
Christopher A. Thompson
Laura A. Williams
On November 27, 2006, the United States Environmental Protection Agency amended the Clean Water Act regulations to exclude certain pesticide applications from National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Now, provided that pesticides are applied "consistent with all relevant requirements under FIFRA," an NPDES permit is not required for either:
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H-1B CAP ALERT! Plan Now For New Hires - 02/19/07
Immigration
February 19, 2007
Employers can file for new H-1B hires starting April 1, 2007. These petitions will be filed for an H-1B start date of October 1, 2007 or later. It is important for employers to start planning now for these April 1 filings, as the allotment of H-1B numbers is expected to be used more quickly than ever before - possibly in one month or less.
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American Health Lawyers Association Issues Guidance for Nonprofit Boards - 02/19/07
Health Care
February 19, 2007
On February 7, 2007, the American Health Lawyers Association distributed guidance regarding the Internal Revenue Service's expectations for nonprofit boards. The guidance, entitled Good Governance Practices for 501(c)(3) Organizations addresses such issues as the composition, size, and education of nonprofit boards.
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SCHIP Reauthorization Remains a Top Congressional Priority - 02/13/07
Health Care
February 13, 2007
As lawmakers establish priorities for the 110th Congress, reauthorization of the State Children's Health Insurance Program (SCHIP) is being given top billing.
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CMS Manual IDTF Changes - 02/13/07
Health Care
February 13, 2007
On January 26, 2007, the Centers for Medicare and Medicaid Services ("CMS") released modifications to the CMS Medicare Program Integrity Manual, Pub. 100-08 (the "Manual"), which detail CMS' position on carrier and contractor enforcement of new requirements for independent diagnostic testing facilities ("IDTF"s).
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Commonwealth Fund Report Suggests Improvements to the Use of Demonstration Project - 02/13/07
Health Care
February 13, 2007
ATTORNEYS
Alan K. Parver
Leah Mendelsohn Stone
A recent report released by the Commonwealth Fund suggests that the processes used to evaluate and implement findings from Medicare demonstration projects and initiatives can be improved. Enhancing these processes may help Medicare address the challenges of improving the quality and effectiveness of care while controlling costs.
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Exporters Should Exercise Caution on Shipments to Nepal - 02/12/07
International
February 12, 2007
ATTORNEYS
Robert Clifton Burns
William Steinman
Also In This Alert: New Contracting Rule Targets Overseas Sexual Activity by Government Contractor; Zeroing in Turmoil: The WTO Again Rejects the Unite States' use of Zeroing and the DOC Delays New Regulations; A Busy Trade Agenda Facing the New Congress; U.S. Civilian Sentenced to Three Years in Prison for Offering Bribes in Iraq; U.S. Justice Department Goes After a French National for Foreign Bribery; What's in Your Laptop?; BIS Requires Licenses for Most Exports to North Korea
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New Reporting Requirements for Incentive Stock Options and Employee Stock Purchase Plan - 02/12/07
Employee Benefits & Executive Compensation
February 12, 2007
ATTORNEYS
Christopher J. Rylands
Steven G. Schaffer
The Tax Relief and Health Care Act of 2006 that was signed into law late last year made a change in the reporting requirements for stock transferred pursuant to an incentive stock option or under an employee stock purchase plan.
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Executive Compensation Disclosure Memo Series
2007
ATTORNEYS
Katherine M. Koops
Eliot W. Robinson
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President Releases FY 2008 Budget - 02/06/07
Health Care
February 6, 2007
On Monday, President Bush sent his $2.8 trillion fiscal year (FY) budget to Capitol Hill, which preliminary analyses show includes $66 billion in savings from Medicare and $6.8 billion from Medicaid and the State Children's Health Insurance Program (SCHIP).
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FERC Affirms High Return On Equity For Allegheny's New Transmission Line - 02/05/07
Energy
February 5, 2007
Also in this Alert: FERC IMPOSES PENALTIES UNDER EPAct '05 and FERC ISSUES NOTICE ON STANDARDS OF CONDUCT FOR NATURAL GAS MARKETING AND ENERGY AFFILIATES
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MRI Lease Agreements: Problems at a State Level - 01/31/07
Health Care
January 31, 2007
Illinois Attorney General Joins Whistleblower Suit Challenging Sham Physician Lease Arrangement
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Senate Passes New Ethics, Lobbying, and Earmark Regulations - 01/29/07
Health Care
January 29, 2007
ATTORNEYS
Cynthia E. Berry
After considerable debate, Senate leaders from both parties forged an agreement to pass legislation on January 18 that would tighten ethics guidelines, change lawmakers' relationships with lobbyists, and require stronger regulations regarding earmarks.
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Fourth Circuit Affirms that ERISA Preempts "Fair Share" Legislation - 01/29/07
Health Care
January 29, 2007
In its January 17, 2007, opinion, the Fourth Circuit Court of Appeals affirmed the Maryland District Court's ruling that Section 514(a) of the Employee Retirement Income Security Act of 1974 preempted Maryland's "Fair Share Health Fund Act."
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Congress Strengthens IRS Whistleblower Statute - 01/26/07
Tax & White Collar Crime
January 26, 2007
ATTORNEYS
Ralph J. Caccia
The Tax Relief and Health Care Act of 2006, signed into law on December 20, 2006, amended the Internal Revenue Code to provide more incentives for private citizens to blow the whistle on tax evaders.
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CMS Proposes Restrictions on Medicaid Payments to Public Providers and on Financing Arrangements with State Medicaid Programs - 01/23/07
Health Care
January 23, 2007
ATTORNEYS
Anne B. Camper
On January 18, the Centers for Medicare and Medicaid Services published a proposed regulation that would dramatically limit payments to public providers and State Medicaid financing arrangements.
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HRSA Proposes Changes to Definition of Patient and Contract Pharmacy Arrangements in the 340B Drug Pricing Program - 01/23/07
Health Care
January 23, 2007
On January 12, 2007, the federal Health Resources and Services Administration (HRSA) published two notices in the Federal Register proposing amended guidelines for the 340B Drug Pricing Program, which allows certain qualified providers (known under the program as "covered entities") access to substantially discounted prices on outpatient drugs.
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SEC Proposes New Rules That Impact Private Funds and Their Advisers - 01/23/07
Business & Finance
January 23, 2007
ATTORNEYS
Hannah Yi Crockett
Andrew R. Hough
M. Todd Wade
On December 13, 2006, the Securities and Exchange Commission voted unanimously to propose new rules and amendments designed to provide additional protections for investors in private funds.
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Elimination of 2007 Late Enrollment Penalty for Low-Income Medicare Beneficiaries - 01/17/07
Health Care
January 17, 2007
ATTORNEYS
Leah Mendelsohn Stone
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CMS Issues Guidance on DRA Employee Education Requirements - 1/17/07
Health Care
January 17, 2007
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Illinois Uninsured Litigation - 01/17/07
Health Care
January 17, 2007
ATTORNEYS
Eric P. Schroeder
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U.S. Supreme Court Permits Licensees to Challenge Patents - 01/16/07
Technology & Intellectual Property
January 16, 2007
ATTORNEYS
John C. Bush
The U.S. Supreme Court handed down its much-anticipated decision last week in MedImmune v. Genentech, 2007 WL 43797 (U.S. Jan. 9, 2007).
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SEC Further Revises Compensation Disclosure Rules for 2007 Proxy Season - 01/09/07
Business & Finance
January 9, 2007
ATTORNEYS
Terrence Allen Childers
Eliot W. Robinson
The Securities and Exchange Commission recently made additional changes to the newly adopted executive and director compensation disclosure requirements. These new modifications, which were adopted as interim final rules and will be effective immediately upon publication in the Federal Register, will apply to 2007 proxy statements.
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SEC Further Revises Compensation Disclosure Rules for 2007 Proxy Season - 01/09/07
Financial Institutions
January 9, 2007
ATTORNEYS
Robert D. Klingler
Katherine M. Koops
The Securities and Exchange Commission recently made additional changes to the newly adopted executive and director compensation disclosure requirements. These new modifications, which were adopted as interim final rules and will be effective immediately upon publication in the Federal Register, will apply to 2007 proxy statements.
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House Adopts Tighter Ethics Rules - 01/09/07
Advocacy & Government Relations
January 9, 2007
ATTORNEYS
Cynthia E. Berry
Fulfilling an election year promise on the opening day of the 110th Congress (January 4), House of Representatives Democratic leaders introduced a resolution changing the chamber's rules governing ethics and lawmakers' relationships with lobbyists. House members adopted the new rules by a vote of 430-1, which will take effect on March 1.
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Medicaid Commission Issues Final Report - 01/09/07
Health Care
January 9, 2007
ATTORNEYS
Cynthia E. Berry
Leah Mendelsohn Stone
The Medicaid Commission issued its final report and recommendations on December 29, 2006, recognizing that "fundamental reform" is vital to ensuring the lasting fiscal sustainability of the Medicaid program.
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FERC Reaffirms Final Rule Promoting Transmission Investment Through Pricing Reform - 01/05/07
Energy
January 5, 2007
On December 22, 2006, the Federal Energy Regulatory Commission issued Order No. 679-A, essentially reaffirming on rehearing its July 20, 2006 Final Rule that, pursuant to the Energy Policy Act of 2005 promotes transmission investment by establishing incentive-based rate treatments for electric transmission by public utilities. Various entities had argued that the Final Rule was too permissive in offering rate incentives.
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End of Year Legislation Increases HSA Flexibility - 01/04/07
Health Care
January 4, 2007
In the final days of the 109th Congress, lawmakers approved several health care measures, including The Tax Relief and Health Care Act of 2006, Pub. L. No. 109-432 (otherwise known as the "tax extender bill").
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Make a New Year's Resolution to Get HR Compliance in Shape! - 01/02/07
Labor & Employment
January 2, 2007
ATTORNEYS
Marilyn M. Fish
Todd H. Stanton
Taking some time over the next couple of weeks to make sure your Human Resources policies and practices make the grade will go a long way toward making your New Year a happy one.
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SEC Allows Electronic Delivery of Proxy Material - 01/02/07
Business & Finance
January 2, 2007
ATTORNEYS
G. William Speer
At an open meeting on December 13, 2006, the Securities and Exchange Commission unanimously adopted amendments to its proxy rules, effective July 1, 2007, that will allow, but not require, companies to furnish proxy materials to shareholders through a "notice and access" model using the internet.
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Department of Justice Revises Policies on Waiver of the Attorney-Client Privilege in Corporate Fraud Investigations - 12/18/06
December 18, 2006
ATTORNEYS
R. Joseph Burby, IV
Jennifer Devine Odom
The Department of Justice has announced major changes to its guidelines for charging corporations. Most significantly, in evaluating whether a company has cooperated with a government investigation, and should therefore receive leniency, prosecutors may no longer consider the company's refusal to waive its attorney-client privilege or cut off payment of attorneys' fees for employees under investigation. Prosecutors must also now obtain approval from senior DOJ officials before requesting that a company waive its privilege and produce, for example, the results of an internal investigation or legal advice from the company's lawyers.
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Executive Compensation Disclosure Memo Series - Part 6 of 6 - 12/18/06
Financial Institutions
December 18, 2006
ATTORNEYS
Robert D. Klingler
Corporate Governance Disclosures: Part 6, and the final installment, of our Executive Compensation Disclosure Memo Series summarizes the expanded corporate governance disclosure requirements under newly adopted Item 407 of Regulation S-K and, for small business issuers, Regulation S-B.
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Executive Compensation Disclosure Memo Series - Part 6 of 6 - 12/18/06
Business & Finance
December 18, 2006
ATTORNEYS
Eliot W. Robinson
Corporate Governance Disclosures: Part 6, and the final installment, of our Executive Compensation Disclosure Memo Series summarizes the expanded corporate governance disclosure requirements under newly adopted Item 407 of Regulation S-K and, for small business issuers, Regulation S-B.
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Pension Protection Act of 2006: Changes for Defined Contribution Plans - 12/15/06
Employee Benefits & Executive Compensation
December 15, 2006
ATTORNEYS
Richard L. Arenburg
Armin G. Brecher
Paul F. Concannon
Edmund Emerson III
Castles R. Hollis
Christopher J. Rylands
Steven G. Schaffer
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SEC Proposes Interpretive Guidance to Assist Management in the Implementation of Section 404 of the Sarbanes-Oxley Act
Business & Finance
December 14, 2006
ATTORNEYS
G. William Speer
On December 13, 2006, at an open meeting of the Securities and Exchange Commission, the SEC proposed interpretive guidance for company management to improve implementation of Section 404 of the Sarbanes-Oxley Act.
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Charity Care and Bad Debt Proposal Released by HFMA - 12/12/06
Health Care
December 12, 2006
The Healthcare Financial Management Association (HFMA) recently joined a growing list of healthcare organizations in calling for clarity and reform in how this country's hospitals and other healthcare providers characterize charity care, bad debt, and community benefit in their financial statements.
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Fifth Circuit Holds Patient Cannot Bring Suit to Enforce HIPAA - 12/11/06
Healthcare
December 11, 2006
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Executive Compensation Disclosure Memo Series - Part 5 of 6 - 12/08/06
Financial Institutions
December 8, 2006
ATTORNEYS
Robert D. Klingler
Part 5 of 6 of the Executive Compensation Disclosure Memo Series summarizes the newly adopted rules with respect to the (i) disclosure of related person transactions and (ii) revised requirements for information to be reported in the beneficial ownership table.
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Executive Compensation Disclosure Memo Series - Part 5 of 6
Business & Finance
December 8, 2006
Part 5 of 6 of the Executive Compensation Disclosure Memo Series summarizes the newly adopted rules with respect to the (i) disclosure of related person transactions and (ii) revised requirements for information to be reported in the beneficial ownership table.
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New IRS Notice: Interim Guidance Regarding Supporting Organizations and Donor Advised Funds - 12/06/06
Tax
December 6, 2006
On December 4, 2006, the Internal Revenue Service issued Notice 2006-109 with interim guidance for supporting organizations and donor advised funds, in light of the new legislation enacted as part of the Pension Protection Act of 2006.
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GA Supreme Court Upholds Narrow Construction of Anti-SLAPP Statute - 12/05/06
Health Care
December 5, 2006
ATTORNEYS
Eric P. Schroeder
On November 28, the Georgia Supreme Court ruled that Georgia's anti-SLAPP statute only applies to the statements regarding governmental proceedings specifically set forth in O.C.G.A. §9-11-11.1(c). The Court rejected the argument that the statute should be construed broadly so as to cover all statements made which touch upon matters of public concern.
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Executive Compensation Disclosure Memo Series - Part 4 of 6
Business & Finance
December 5, 2006
Part 4 of 6 of the Executive Compensation Disclosure Memo Series summarizes the principal aspects of the supplemental tables that are required to accompany the Summary Compensation Table (discussed in part 3 of 6) in proxy statements (or 10-K's for companies not subject to the proxy rules) filed during the upcoming proxy season.
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Electronic Data Discovery - How the Changes in the Federal Rules of Civil Procedure will Change the Production of Electronic Evidence - 12/04/06
Litigation
December 4, 2006
ATTORNEYS
Jennifer Devine Odom
Vjollca Prroni
Electronic documents, e-mail messages and other electronic data have become an area of significant concern when it comes to producing information in response to government subpoenas, informal government inquiries, and document requests in litigation. The production of electronic information is costly. Knowing exactly what exists on company servers and hard drives, and knowing what to produce and how to produce it can be confusing.
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FERC Finalizes Electric Transmission Siting Rule - 12/04/06
Energy
December 4, 2006
On November 16, 2006, the Federal Energy Regulatory Commission ("FERC") issued a final rule, in accordance with section 1221 of the Energy Policy Act of 2005, establishing filing requirements and procedures for entities seeking to construct or modify electric transmission facilities in corridors designated by the Secretary of Energy as national interest electric corridors.
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Executive Compensation Disclosure Memo Series - Part 4 of 6 - 12/01/06
Financial Institutions
December 1, 2006
ATTORNEYS
Katherine M. Koops
Part 4 of 6 of the Executive Compensation Disclosure Memo Series summarizes the principal aspects of the supplemental tables that are required to accompany the Summary Compensation |
