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Price Transparency is Coming: Time to Get Ready
Dinsmore & Shohl LLP, January 2020

The Centers for Medicare & Medicaid Services (CMS) recently released a final rule, which will require hospitals to publicly disclose pricing information, effective January 1, 2021...

H-1B Visa Filing Season: New Registration Process Begins March 1
Dinsmore & Shohl LLP, January 2020

Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020...

Pennsylvania Health Insurers Must Cover Medication Synchronization Services Beginning July 2020
Dinsmore & Shohl LLP, January 2020

Beginning July 1, 2020, Pennsylvania’s Act 46 of 2019 (Act 46)[1] will require most Pennsylvania health insurers to cover medication synchronization services (MedSync) provided to patients taking two or more maintenance medications (i.e., medications for chronic long-term conditions, including diabetes, high blood pressure, and heart disease)...

CMS Releases Bulletin Discussing Best Practices for Avoiding 340B Duplicate Discounts in Medicaid
Dinsmore & Shohl LLP, January 2020

On Jan. 8, 2020, the Centers for Medicare and Medicaid Services (CMS) published an informational bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid.”[1] The bulletin outlines seven regulatory strategies State Medicaid agencies may consider when developing policies for preventing the occurrence of duplicate discounts in Medicaid Fee-for-Services (FFS) and Medicaid Managed Care Organization (MCO) programs...

A Proxy Season Guide to 2020
Dinsmore & Shohl LLP, January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season...

New California Laws Could Bring Difficulties in Employment Arbitration
Dinsmore & Shohl LLP, January 2020

New California laws could make it more difficult for employers to enforce employment arbitration agreements and now prohibit “no rehire” language in settlement agreements involving employment disputes.  Arbitration Agreements The enforceability of employment arbitration agreements has long been under attack in California...

2020 Rings in Legislative Changes for California
Dinsmore & Shohl LLP, January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v...

The SECURE Act
Verrill, January 2020

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) is the most far reaching new law affecting retirement benefits in more than a decade. This Client Advisory highlights key aspects of the SECURE Act that affect the design and administration of retirement plans, especially 401(k) retirement plans...

OCR Announces Recent Enforcement Actions and Settlements for HIPAA Noncompliance
Dinsmore & Shohl LLP, January 2020

The Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has announced several recent enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. Ambulance Company Pays $65,000 to Settle Allegations of Long-Standing HIPAA Noncompliance On Dec. 30, 2019, West Georgia Ambulance, Inc...

EPA Walks Back 2017 Risk Management Program Amendments Applicable to Stationary Sources
Dinsmore & Shohl LLP, January 2020

On Nov. 20, 2019, United States Environmental Protection Agency (EPA) Administrator Andrew Wheeler signed the Risk Management Program Reconsideration Rule (Reconsideration Rule), which finalized changes to the 2017 Risk Management Program Amendments. The Reconsideration Rule reflects EPA’s reconsideration of its 2017 Amendments based on objections from three petitions and based on its own review. The Reconsideration Rule was effective on Dec...

Labor Shortage: Answers to Your Questions about Hiring a Foreign Worker
Lavery Lawyers, January 2020

The labor shortage that affects all of Quebec and many other provinces has been a well-known problem for several years. Almost every week brings its share of companies that have to close their doors or limit their activities due to a lack of staff in positions of all kinds. To work within our borders, foreign employees must first obtain the necessary authorizations...

NLRB Returns to Historic Standard for Arbitral Deference
Dinsmore & Shohl LLP, January 2020

On Dec. 23, 2019, in a unanimous decision in United Parcel Service, Inc.1, the National Labor Relations Board returned to its historic standards for arbitral deference.2 The decision expressly overrules the Board’s 2014 decision in Babcock & Wilcox Construction Co., Inc...

SECURE Act: Summary of Key Changes for Plan Sponsors
Dinsmore & Shohl LLP, January 2020

On May 23, 2019, by a vote of 417-3, the United States House of Representatives passed the Setting Every Community Up for Retirement (SECURE) Act. Notwithstanding broad bipartisan support, the bill stalled in the United States Senate until Dec. 19, 2019, when it passed a budget reconciliation bill (H.R. 1865, the Further Consolidated Appropriations Act of 2020 [the “Act”]), which contains the provisions from the SECURE Act.  The president signed the Act on Dec. 20...

NLRB Permits Employers to Restrict Employee Access to Company E-mail
Dinsmore & Shohl LLP, December 2019

On December 16, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, the National Labor Relations Board (Board) returned to the standard outlined in Register Guard, which announced that employees have no statutory right to use employer equipment, including IT equipment, for activity protected under Section 7 of the National Labor Relations Act.1 The decision expressly overrules the Board’s decision in Purple Communications, Inc...

Applying for a Business License in 2020? You May Need to Consider Your Water Quality Impacts
Hanson Bridgett LLP, December 2019

With a new year comes changes. And one change is a law tying business license applications to California's water quality laws. Beginning January 1, 2020, Senate Bill 205 will require that certain applicants for either a new business license or a renewal from cities or counties show that they are complying with the federal Clean Water Act and California's Porter-Cologne Water Quality Control Act...

USDA Announces Pilot Crop Insurance Program for Hemp Farmers
Waller, December 2019

The United States Department of Agriculture (USDA) has announced a pilot crop insurance program for hemp growers in select counties of 21 states in 2020...

New DOJ Guidance for Companies Considering Voluntarily Self-Disclosing Potentially Criminal Export Control and Sanctions Violations
Dinsmore & Shohl LLP, December 2019

The U.S. Department of Justice (DOJ), National Security Division (NSD), recently published updated[1] policy guidance, effective immediately, for companies considering whether to voluntarily self-disclose potentially criminal violations of U.S. export control and sanctions statutes.[2] The policy, dated Dec...

MSHA’s Fall Regulatory Agenda — 2019
Dinsmore & Shohl LLP, December 2019

In November 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices – two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. All of these actions are discussed in further detail below...

NLRB Presumes Confidentiality of Investigative Reports is Lawful
Dinsmore & Shohl LLP, December 2019

In a long-anticipated decision on Dec. 16, 2019, the National Labor Relations Board (NLRB or Board) scuttled a 2015 agency decision that presumptively prohibited employers from requiring confidentiality of investigative reports.   In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB returned to its previous standard that presumes the legality of the maintenance of work rules requiring confidentiality of investigative interviews between an employer and employee...

Wait, I Might Be Participating in a Boycott?
Dinsmore & Shohl LLP, December 2019

Recent enforcement actions initiated by the Bureau of Industry and Security’s (“BIS”) Office of Antiboycott Compliance (“OAC”) serve as a warning to U.S. persons (including U.S. companies) with business interests in and around the Middle East. It is easy for the complacent to run afoul of OAC’s Antiboycott Regulations when evaluating and responding to otherwise routine documents such as a letters of credit, shipping certificates, or purchase orders...

Insurance Requirements: Tips to Navigate Insurance on Projects
Bradley Arant Boult Cummings, LLP, December 2019

  In the modern era, most construction contracts incorporate insurance requirements as a primary means to address the risk of unexpected occurrences that are inherent to the construction industry. Some insurance, like workers’ compensation coverage, may be required by law. Other insurance coverage may be required by a lender or other financing party in order to close on the construction loan for a project...

Final Opportunity Zone Regulations Released
Hanson Bridgett LLP, December 2019

On December 19, 2019, the U.S. Treasury Department and the IRS issued final regulations (T.D. 9889), which provide much-anticipated guidance on tax-favored qualified opportunity zone investments. The 544-page regulation package generally retains the same approach and structure of the proposed regulations issued in October 2018 and April 2019 (prior Hanson Bridgett analysis available)...

Retirement Plan Changes and “Cadillac Tax” Repeal Included in Domestic Appropriations Package
Hanson Bridgett LLP, December 2019

This week, Congress passed and President Trump is expected to sign a domestic spending package that includes significant changes affecting retirement plans in the SECURE (Setting Every Community Up for Retirement Enhancement) Act, and a permanent repeal of the “Cadillac tax” on high-cost employer-sponsored health coverage that was enacted with the Affordable Care Act (ACA). The SECURE Act is the most comprehensive set of changes to retirement plan rules in many years...

Amendments to the USMCA Spotlight Labor Standards Compliance in Mexico
Haynes and Boone, LLP, December 2019

With the signing of a Protocol of Amendments (“PoA”) and the approval by the U.S. House of implementing legislation, the United States, Canada and Mexico are on track for final approval of the US-Canada-Mexico Agreement (the “USMCA”) by the middle of February 2020, which is the anticipated time frame for the vote by the U.S. Senate. If that proceeds as expected, the USMCA would take effect 90 days later, before the end of May...

"Sunshine Law Shining a Light on Governmental Hospital Transactions" Ken Marlow in The Governance Institute's Public Focus
Waller, December 2019

Governance and social factors play a significant role in determining a hospital’s openness to change and its ability to complete a business transaction, be that a merger, acquisition, or other strategic partnership. For government-owned hospitals, tension between the goals of government entities and the goals of a hospital’s board, in addition to added legal complexities, may result in failed or generally avoided transactions...

 

 

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