log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: Waller

Sort By Title  |  Sort By Date

EEOC Offers New Guidance on Workplace COVID-19 Vaccination Programs
Waller, June 2021

On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) released long-anticipated updates to its guidance regarding COVID-19 vaccinations.  In addition to clarifying the confidentiality requirements for vaccination information and guidelines for instituting vaccination incentive programs, the EEOC provided additional direction for employers implementing mandatory and employer-sponsored voluntary vaccination programs...

Eleventh Circuit Ruling is a Rare Win for Businesses Against ADA Website Lawsuits
Waller, April 2021

The threat that a company’s website violates the Americans with Disabilities Act (ADA) has diminished some thanks to the United States Court of Appeals for the Eleventh Circuit. Lawsuits have become increasingly common alleging that websites must be “accessible” to persons with visual disabilities, such as is required for “public accommodations” under the ADA – like Braille keypads at ATMs and wheelchair ramps at sidewalks...

The Intersection of Equitable Relief and Creative Problem Solving Delaware Bankruptcy Court Approves Mandatory Settlement Procedures to Address Environmental Remediation Issues
Waller, April 2021

Bankruptcy courts are granted, under Section 105(a) of the Bankruptcy Code, the equitable power to “issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title.” The reality of chapter 11 is that complex issues inevitably arise, and these issues will occasionally challenge the traditional methods and tools utilized by debtor’s counsel to craft an appropriate solution...

Consumer Financial Protection Bureau Rescinds COVID-Related Relief
Waller, April 2021

Recently, the Consumer Financial Protection Bureau (CFPB) rescinded seven policy statements issued during 2020 that provided temporary relief for financial institutions in consumer financial markets including mortgages, credit reporting, credit cards and prepaid cards...

High-Income, Corporate Tax Returns Will Be Scrutinized
Waller, April 2021

In its discretionary funding request for fiscal year (FY) 2022, the Biden administration is seeking an additional $1.2 billion for the IRS – a 10.4% increase over FY 2021. $900 million of the increase will be earmarked for compliance. The additional funding in the White House proposal would enable the IRS to “increase oversight of high-income and corporate tax returns,” according to a statement issued by U.S. Treasury Secretary Janet Yellen...

Massive Tax Changes of Up to $5.8 Trillion on the Horizon
Waller, April 2021

It was only a matter of time – following the election of President Biden and Democratic majorities in both houses of Congress – before the Biden administration and legislative leaders would turn their attention to changing the tax code. While it is early in what promises to be a loud and lengthy legislative debate in Congress, tax proposals introduced by high-profile senators Elizabeth Warren (D-MA) and Bernie Sanders (I-VT) designed to raise $5...

OSHA is Poised to Mandate COVID-19 Prevention Programs
Waller, March 2021

Yesterday, the Department of Labor informally notified key stakeholders that it will soon be issuing new regulations concerning COVID-19.  One expectation is that the regulations will require employers to not only implement COVID-19 prevention programs but also follow CDC guidelines...

Corporate Transparency Act Creates Privacy Concerns for Family Offices and Private Trust Companies
Waller, March 2021

The Corporate Transparency Act (the “Act”) became law on January 1, 2021, as part of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283) when the Senate voted to override former President Trump’s veto of that bill. High-net-worth families for whom privacy is a paramount consideration may be concerned that the Act creates a risk of sensitive ownership information being exposed to the wrong persons...

First State Enacts Permanent COVID-19 Occupational Health and Safety Requirements
Waller, February 2021

Virginia is now the first state in the nation to enact permanent COVID-19 workplace safety and health standards. In late January, the Virginia Department of Labor and Industry (DOLI) adopted the Virginia Occupational Safety and Health (VOSH) Program. The program promulgates a new standard that supersedesVirginia’s Emergency Temporary Standard from July 2020...

Understanding the Certificate of Need CON Process in Tennessee
Waller, February 2021

WHAT IS A CON? A Certificate of Need (CON) is a permit authorizing the establishment, modification, or construction of a healthcare institution, facility, or service at a designated location. Obtaining a CON is a prerequisite to obtaining licensure from the State of Tennessee for certain enumerated health services and facilities. The Health Services and Development Agency (HSDA) regulates the healthcare industry in Tennessee through the CON program...

March 1 is HIPAA Day with Reporting Required for Some and Reflection Recommended for All
Waller, February 2021

To the extent that there is such a thing as a “HIPAA Day,” it’s coming up soon. And, no, it’s not a HIPAA Holiday. Instead, March 1 is the deadline to report all HIPAA breaches of fewer than 500 affected individuals. HIPAA requires all breaches to be reported to the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS)...

What to Expect from DOJ under the Biden Administration
Waller, February 2021

Given the upheaval and intense focus on the Department of Justice (DOJ) during the last four or more years and the recent events in Washington, D.C., the Biden administration is inheriting a host of thorny legal issues. So, what can the Nashville business community expect from the DOJ on a national and local level for the next four years? In short, increased enforcement...

Will Tennessee Make Restaurant Delivery Permanent?
Waller, January 2021

Tennessee state Rep. Bob Ramsey has introduced state legislation that makes delivery of alcoholic beverages by restaurants, hotels and other liquor by the drink licensees “permanent” — at least for three years. Download a copy of the legislation here...

Five Things to Know when Considering Urban Redevelopment in Tennessee
Waller, January 2021

Tennessee’s urban centers continue to be attractive markets for investment in residential, office and mixed-use developments. While most sophisticated real estate developers and investors are aware of land use and zoning requirements associated with projects in heavily regulated urban centers, many may not be aware of certain environmental issues that can derail a project.  “Urban soil” is different...

Breach Impacting 9.3M People Leads to $5.1M HIPAA Settlement
Waller, January 2021

The second HIPAA settlement of 2021 is the first traditional enforcement action of the year. And, it’s a big one. Traditionally, OCR enforcement has been triggered by breaches. In 2020, however, we saw a significant increase in a sub-set of Privacy Rule enforcement arising out of the U.S. Department of Health and Human Services’ Office for Civil Rights’ (OCR) patient “Right of Access” initiative...

Federal Government Announces Provider Relief Fund Reporting Extension
Waller, January 2021

The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates...

Proposed HIPAA Changes Promote Patient-Friendly Environment
Waller, January 2021

The regulatory change proposed by the Department of Health and Human Services (HHS) in the recent HIPAA Notice of Proposed Rulemaking (NPRM) is another step toward HHS’s objective to encourage a patient-centric healthcare environment. The HIPAA NPRM proposes to tilt the balance of protecting privacy and facilitating the availability of information toward loosening restrictions on disclosures of patient information...

Stark AKS and the Regulatory Sprint to Coordinated Care
Waller, January 2021

The most recent changes to the Stark Physician Self-Referral Law (Stark) and the Anti-Kickback Statute (AKS), described previously here, create a new lexicon and framework to guide healthcare providers from payment for volume-based services to payment for value-based healthcare. These value-based rules go into effect on January 19, 2021...

Sweeping new changes to Paycheck Protection Program signed into law
Waller, January 2021

As part of the new omnibus stimulus bill, Congress passed, and President Trump signed into law, the “Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act” (the “Act”) which makes substantial changes to the popular Paycheck Protection Program...

Tennessee Extends Alcohol Carryout and Delivery through February 27
Waller, December 2020

Tennessee Gov. Bill Lee has extended the executive order allowing carryout and delivery of beer, wine and spirits for restaurants. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. Lee extended the privilege through to 11:59 pm February 27, which brings welcome certainty to an industry battered by the pandemic...

A Little Lump of HIPAA Coal
Waller, December 2020

Apparently, the OCR has a different concept of the holiday spirit than many others do. On December 22, OCR announced the 13th settlement agreement related to its Right of Access Initiative. This time, the provider settled for $36,000 and agreed to enter into a corrective action plan. This latest matter involved Peter Wrobel, M.D., P.C., d/b/a Elite Primary Care ("Elite"). The situation follows a very familiar pattern: a patient requested records but did not receive them...

The Future of the Paycheck Protection Program under the Biden Administration
Waller, December 2020

The Paycheck Protection Program (the “PPP”) was passed into law by Congress as part of the CARES Act earlier this year in response to the COVID-19 pandemic. While considered a relative success at its intended goal of temporarily preserving jobs during the pendency of the pandemic, the PPP ended its initial run with tens of billions of dollars left on the table and frustrated borrowers and lenders because of opaque and frequently changing rules and regulations...

What Employers Should Know about COVID-19 Vaccines
Waller, December 2020

  In light of the Food and Drug Administration’s approval of new COVID-19 vaccines, the Equal Employment Opportunity Commission (EEOC) has issued new guidance on the legal implications of the COVID-19 vaccine under federal anti-discrimination laws.  Employers should carefully consider these points when making decisions about employee vaccinations. 1. Employers can require employees to receive a COVID-19 vaccination...

How COVID-19 is Changing the Face of Retail
Waller, December 2020

2020 was already expected to be a challenging year for the retail industry and the worldwide pandemic only intensified the underlying troubles. Heading into the year, one estimate projected that 12,000 major chain stores would close in 2020. Today, a number of high-profile brands are in bankruptcy and tenants and landlords alike are struggling to recover from COVID-19 related closures...

OIG Releases Alert for Speaker Programs Sponsored by Healthcare Companies
Waller, November 2020

The Department of Health and Human Services (HHS) released a Special Fraud Alert from the Office of Inspector General (OIG) highlighting the fraud and abuse risks associated with the offer, payment, solicitation, or receipt of remuneration related to speaker programs sponsored by healthcare companies...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2021