Articles & Insights

December 29, 2020

Stark essentially prohibits (i) physicians from referring patients to any entity with which the physician has a direct or indirect financial relationship, (ii) such entity from filing claims with Medicare for services resulting from a prohibited referral. The new final rule introduces three new exceptions with requirements and definition reflecting a value-based paradigm, where exceptions are based on participants assuming some level of financial risk.

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December 22, 2020

Under the new legislation, FFCRA paid sick leave and paid FMLA leave is no longer required, but employers may choose to voluntarily continue to provide these benefits, and obtain the associated tax credit, through March 31, 2021. This means that mandated paid leave for employers with fewer than 500 employees ends on 12/31/2020.

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December 22, 2020

Stark essentially prohibits (i) physicians from referring patients to any entity with which the physician has a direct or indirect financial relationship, (ii) such entity from filing claims with Medicare for services resulting from a prohibited referral. The new final rule introduces three new exceptions with requirements and definition reflecting a value-based paradigm, where exceptions are based on participants assuming some level of financial risk.

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December 16, 2020

The Equal Employment Opportunity Commission (EEOC) published guidance in the form of Q&A on the impact the availability of COVID-19 vaccinations may have on equal employment opportunity laws, such as the ADA, GINA, Title VII, and the Pregnancy Discrimination Act. The EEOC guidance may be found at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

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December 15, 2020

The term “sole proprietorship” is used to describe a business that is owned and operated by one person who is referred to as the sole owner or sole proprietor. For legal and tax purposes, the business does not have its own identity. The sole owner and the business are considered one in the same. Sole proprietorships are popular because they are the easiest and most inexpensive business structure to set up.

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December 8, 2020

One of the first considerations entrepreneurs must make is which entity type to form. For licensed professionals, one of the many options available is a “professional” entity, meaning a professional corporation or professional limited liability company.

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December 3, 2020

The Centers for Disease Control and Prevention (“CDC”) issued new guidance indicating that the existing 14-day quarantine period following COVID-19 exposure can potentially be shorted to a 10-day or seven-day period. While the standard 14-day period does remain in effect, the agency acknowledged that the 14-day period is onerous – impacting physical and mental health and causing economic hardship – a fact that may impact compliance and cooperation with public health agencies and contact tracing.

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November 30, 2020

Stark essentially prohibits (i) physicians from referring patients to any entity with which the physician has a direct or indirect financial relationship, (ii) such entity from filing claims with Medicare for services resulting from a prohibited referral. The new final rule introduces three new exceptions with requirements and definition reflecting a value-based paradigm, where exceptions are based on participants assuming some level of financial risk.

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November 17, 2020

Chief Justice Christensen issued an order suspending jury trials in Iowa state courts until February 1, 2021.

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October 6, 2020

In a unanimous decision the Supreme Court lowered the burden of proof for a trademark owner to obtain an infringer’s profits. In the matter of Romag Fasteners, Inc. v. Fossil, Inc., et al., 140 S.Ct. 1492 (2020) the Court held that proof of willful trademark infringement is not a precondition to a recovery of the infringer’s profits under 15 U.S.C. 1125(a) of the Lanham Act, resolving a Federal Circuit Court split.

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September 14, 2020

The newly released Health Apps Tool was created to to help developers of mobile health applications to determine when they may be acting as a business associate under the Health Insurance Portability and Accountability Act (HIPAA).

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September 2, 2020

The CDC acted yesterday with the CDC Order stating that a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property during the effective period (9/4/20 to 12/31/20).

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