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Dinsmore & Shohl LLP | November 2021

In her speech to the Principles for Responsible Investment and the London Stock Exchange Group, SEC Commissioner Allison Herren Lee made it clear that a climate change disclosure proposal is no longer a question of if, but when and provided some hints about what the proposal will look like. After remarking that “[c]limate change is . . ...

Dinsmore & Shohl LLP | November 2021

Last week, in the culmination of a process that began in 2016, the Federal Trade Commission (FTC) issued a Final Rule to update the Safeguards Rule promulgated under the Gramm-Leach-Bliley Act ...

Dinsmore & Shohl LLP | October 2021

About a year ago, on Nov. 20, 2020, the Department of Health and Human Services Office of Inspector General and the Centers for Medicare and Medicaid Services (CMS) issued two final rules implementing sweeping changes to the Physician Self-Referral Law (Stark Law) and the Anti-Kickback Statute regulations. For the most part, those new rules went into effect on Jan. 19, 2021 ...

Dinsmore & Shohl LLP | October 2021

On Oct. 25, 2021, the Department of Labor (DOL) issued Field Assistance Bulletin No. 2021-02 (the Bulletin). In the bulletin, the DOL revised and extended the temporary enforcement policy related to the DOL’s Fiduciary Rule/Prohibited Transaction Exemption 2020-02 (the DOL Fiduciary Rule) ...

Dinsmore & Shohl LLP | October 2021

Dinsmore construction partner Jim Boyers and commercial litigation clerk Mary-Kate Hetzel were published in The Indiana Lawyer this week discussing how building material price increases have created logistical and legal challenges during the COVID-19 pandemic. An excerpt is below ...

Dinsmore & Shohl LLP | October 2021

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) updated its technical guidance for employers addressing questions regarding religious objections to employer COVID-19 vaccine requirements and how those requirements interact with federal equal employment opportunity (EEO) laws ...

Dinsmore & Shohl LLP | October 2021

It is imperative that companies with government contracts, or those receiving federal grant funding, ensure that they have adequate cybersecurity protocols in place. The announcement by the Department of Justice (DOJ) of the Cyber Fraud Initiative strongly signals its intent to be aggressive in holding government contractors with lax cybersecurity standards and controls accountable ...

Dinsmore & Shohl LLP | October 2021

The Renewed Proposal On Oct. 14, 2021, SEC Chairman Gary Gensler released a statement announcing the SEC would once more open comment on the Dodd-Frank Act rule regarding clawbacks of incentive-based compensation that had been improperly awarded due to since-corrected accounting errors. Should a company not comply or refuse to institute a compensation recovery policy, the SEC proposal goes so far as to threaten delisting ...

Dinsmore & Shohl LLP | October 2021

The only thing crystal clear about health care price transparency requirements at the moment is that the government will continue implementing new price transparency laws, regulations, and rules ...

Dinsmore & Shohl LLP | October 2021

     The United States Trade Representative (USTR) announced a period for public comment on whether Section 301 product exclusions should be reinstated for certain Chinese-origin goods. The product exclusions eligible for potential reinstatement are the relatively small subset of exclusions for which the USTR had both previously granted an exclusion and an extension of the exclusion ...

Dinsmore & Shohl LLP | October 2021

Companies that have imports from China subject to List 3 and List 4a Section 301 tariffs may still have an opportunity to protect their right to seek a refund from the U.S. Government. To do so, a company would need to file a lawsuit in the Court of International Trade (CIT) challenging the List 3 and/or List 4a tariffs as unauthorized under the Trade Act of 1974 and implemented in violation of the Administrative Procedure Act ...

Dinsmore & Shohl LLP | October 2021

In late September, the SEC’s Division of Corporation Finance continued signaling the increased importance of ESG initiatives in its mission by publishing a sample comment letter similar to what it may provide to issuers when reviewing their filings ...

Dinsmore & Shohl LLP | September 2021

It seems logical that when a claimant requests that a claim be amended to include an additional condition based upon a theory of substantial aggravation, the easiest element to prove would be that the condition pre-existed the date of injury. Recently, in Houlihan v. Hamilton County, 2021-Ohio-3087, the Ohio First District Court of Appeals found that a claimant must prove a condition existed at the time of the injury before they can establish a substantial aggravation ...

Dinsmore & Shohl LLP | September 2021

On Sept. 22, 2021, the U.S. Health Resources and Services Administration (HRSA) publicly referred six matters involving drug manufacturers to the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) for possible imposition of civil monetary penalties (CMPs) ...

Dinsmore & Shohl LLP | September 2021

Recently, the Centers for Medicare & Medicaid Services (CMS) announced it is rescinding the audit determinations for providers notified in January 2021 that had failed to qualify for the “mid-build” exception. CMS took this action due to questions raised by these providers regarding the audit process ...

Dinsmore & Shohl LLP | September 2021

The White House announced on Monday, Sept. 20, 2021, that in early November of this year, it intends to end the COVID-19 travel bans imposed in 2020 and replace them with vaccination and COVID-19 testing requirements for almost all travelers ...

Dinsmore & Shohl LLP | September 2021

Law360 published an article this week by Dinsmore health care attorney LaTawnda Moore about an ongoing scheme made possible by the increasing prevalence of telehealth during the COVID-19 pandemic. This scheme is putting telehealth executives and health care providers at risk of criminal and civil liability. An excerpt is below. The telehealth executives pay health care providers for prescriptions ...

Dinsmore & Shohl LLP | September 2021

The Ohio Department of Commerce (Department) recently announced licensed medical marijuana cultivators who are maxing out their grow area capacity will be permitted to apply for an expansion. Presently, there are 20 Level I cultivators capable of growing up to 25,000 square feet of medicinal marijuana, and 15 Level II cultivator licensees that are smaller in scale and permitted up to 3,000 square feet of grow capacity ...

Dinsmore & Shohl LLP | September 2021

Commercial real estate professionals live in a world where single-asset entities (SAEs) are ubiquitous. In this respect, the niche market of HUD-affiliated health care facilities follows suit. Skilled nursing or assisted living facility owners seeking HUD-insured financing and the operators overseeing day-to-day functions at those facilities generally need to be SAEs to participate in the HUD programs ...

Dinsmore & Shohl LLP | September 2021

On Sept. 15, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to repeal the Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” final rule, which was published on Jan. 14, 2021, and would be effective on Dec. 15, 2021.  In June 2021, we reported on CMS’ decision to delay the MCIT Program Final Rule (The Rule) ...

Dinsmore & Shohl LLP | September 2021

On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon ...

Dinsmore & Shohl LLP | September 2021

Home health care is one of Ohio’s fastest-growing occupations. To date, the agencies providing skilled home health care, non-medical home health/personal care services, and non-agency providers of nonmedical home health/personal care services have been unlicensed in Ohio ...

Dinsmore & Shohl LLP | September 2021

President Joe Biden announced Thursday, Sept. 9, that in the coming weeks, companies with 100 or more employees will be required to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week.[1] Additionally, employers must provide employees time off to get vaccinated and to recover from any side effects. Press Secretary Jen Psaki previewed the forthcoming requirements in her briefing to the press on Thursday ...

Dinsmore & Shohl LLP | September 2021

With COVID-19 vaccines fully available in the United States, employers are approaching work-from-home requests differently than they were a year ago. Dinsmore labor and employment attorneys Ashley Pack, Crystal Spivey Wildeman and Aly St. Pierre wrote about the topic in Best Lawyers: The Litigation Issue. An excerpt is below. Employers are facing legal uncertainty in the form of whether to accommodate continued remote-work requests ...

Dinsmore & Shohl LLP | August 2021

Since President Joe Biden’s July 9, 2021, executive order, “Promoting Competition in the American Economy,” there has been a renewed focus and speculation surrounding the Consumer Financial Protection Bureau’s (CFPB) forthcoming rulemaking under Dodd-Frank Act, Section 1033. Many industry leaders are optimistic President Biden’s order and the CFPB’s previous request for comments are a sign the U.S. is moving closer to open banking ...

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