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New Stark and Anti-Kickback Rules – A Platform for Innovation Part 2: Defining the Platform

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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EEOC Publishes Critical Guidance on Vaccines and the Workplace

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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The Basics of Business Structures – The Sole Proprietorship

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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The What, Why and How of PCs and PLLCs

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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CDC Issues New Guidance Regarding COVID-19 Quarantine Period

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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New Stark and Anti-Kickback Rules – A Platform for Innovation Part 1: Introducing the Platform

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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Jury Trials Suspended until February 1, 2021

November 17, 2020

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

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Shuttleworth & Ingersoll Named in 2021 Release of “Best Law Firms” by U.S. News and Best Lawyers

November 5, 2020

Shuttleworth & Ingersoll received twenty-one rankings in the Metropolitan Tier 1 category and an additional twelve rankings in the Metropolitan Tier 2 category. Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients from the same communities and practice areas.

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Shuttleworth & Ingersoll Joins Time to Vote Movement

November 3, 2020

More than 700 Companies Commit to Giving Employees Time to Vote November, 2020Shuttleworth & Ingersoll stands with more than 700 companies have now joined Time to Vote, a business-led, nonpartisan coalition that aims to increase voter participation in the U.S.…

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Shuttleworth Attorneys Recognized for Pro Bono Work

October 23, 2020

Shuttleworth & Ingersoll, P.L.C. attorneys donate hundreds of hours of pro bono legal services every year. The Iowa State Bar Association (ISBA) annually recognizes these attorneys, and others across the state, who perform pro bono work for clients who would otherwise be unable to afford the assistance of an attorney. In 2020, eighteen Firm attorney received this recognition which is published in the October issue of Iowa Lawyer Magazine.

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Attorney Trica Hoffman-Simanek Presents to the Iowa Health Care Association on the topic of Preventing Litigation and What to Do If It Happens

October 19, 2020

With jury verdict awards trending upward nationally, there are many compelling reasons businesses should want to avoid litigation. Time spent preparing a matter for trial takes away time and money from the health care provider. Disputes can also affect employee morale and damage the reputation of the business.

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Supreme Court Gives Trademark Owners Powerful Tool to Pursue Infringers

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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