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September 25, 2014
Nearly $2.5 billion dollars in overpayments were made to Skilled Nursing Facilities (“SNFs”) as a result of billing errors last year. The billing error rate for SNFs jumped to 7.7 percent, virtually doubling in 2013. According to CMS, the majority of these billing errors arise from the SNF’s repeated failures to obtain necessary certification and re-certification statements from physicians and non-physician providers (collectively “Providers”).
September 24, 2014
September 23, 2014
On September 18, 2014, the Occupational Safety and Health Administration ("OSHA") published a Final Rule relating to injury and illness reporting, that includes significant changes to the reporting requirements. The revisions represent the first modifications to reporting rules for Federal jurisdiction states since 2001. Some state-authorized OSHA programs already have reporting requirements in place that are similar to the new Final Rule, which becomes effective January 1, 2015 in Federal jurisdiction states.
September 22, 2014
Fresh off a presentation on retaliation claims and defense at The American Conference Institute Employment Discrimination Litigation Conference in New York City, Dinsmore employment attorney Mike Hawkins shared 12 key trends that employers would do well to heed in the years ahead.
September 12, 2014
Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the Section 105(c) preliminary temporary reinstatement stage of a miner’s discrimination case. The ALJ’s Order provides persuasive authority for mine operators where a miner refuses temporary reinstatement and instead desires to be paid his or her wages without working during the pendency of the discrimination complaint. The ruling also will undoubtedly impact how mine operators analyze their defense strategy for discrimination cases going forward.
September 11, 2014
On August 27, 2014, the Ohio Supreme court issued its unanimous opinion in State, ex rel. Floyd v. Formica Corp., 2014-Ohio-3614, ruling that where a claimant voluntarily retires from the workforce following an injury, he or she becomes ineligible for a new period of temporary total disability while recovering from a post-retirement surgery. Formica was represented in this case by Dinsmore Partner Joan Verchot.
September 8, 2014
The United States Drug Enforcement Administration (“DEA”) elevated Hydrocodone combination medications, including Vicodin, from a Schedule III to a Schedule II Controlled Substance. The reclassification was published the Final Rule for the Controlled Substances Act (“CSA”) in the Federal Register on August 22, 2014. The new rule will take effect on October 6, 2014.
September 3, 2014
Beginning July 15, 2014, the Uniform Trust Code (the “UTC”) became effective in the Commonwealth of Kentucky. In becoming the 28th state to adopt the UTC, Kentucky updated its trust laws with a code designed to provide a comprehensive set of rules for trust governance. The UTC applies both to newly enacted trusts and to trusts which were in existence prior to the effective date. Because of this, anyone who deals with trusts needs to be cognizant of the changes to Kentucky trust law. While commentary on the UTC could fill volumes, we have highlighted seven of the most important changes to Kentucky law for you.
September 2, 2014
2013 proved to be another record-setting year for False Claims Act lawsuits, the largest of these recoveries related to health care fraud. The Department of Justice (“DOJ”) secured $3.8 billion from False Claims Act settlements and judgments during the 2013 fiscal year.
August 2014