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HTMLIRS Provides Interim Guidance as to Private Business Use and Accountable Care Organizations and Expands Safe-Harbors for Qualified Management Contracts
Joe E. Forrester, Christie Lombard Martin, Antonio D. Martini; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 17, 2015, previously published on November 2014
On October 24, 2014, the IRS published Notice 2014-67 (the “Notice”) which provides interim guidance for determining whether a State or local government entity or 501(c)(3) organization that benefits from tax-exempt bond financing will be considered to have private business use of its...

 

HTMLEffective July 1, 2015, Massachusetts Employers Are Required to Provide Earned Sick Leave to Employees
Gary J. Lieberman, Jonathan R. Shank; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 5, 2015, previously published on November 6, 2014
On Tuesday, November 4, 2014, voters passed a ballot measure making Massachusetts the third state in the country requiring employers to provide earned sick leave to employees. Beginning on July 1, 2015, Massachusetts employers must allow employees to earn and accrue up to 40 hours of sick leave per...

 

HTMLPenalty Clauses: No One is Immune
Harry Calkin, Alex Radcliffe; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 22, 2015, previously published on November 4, 2014
All too often parties amending a term of a contract will give insufficient consideration to how the amended term will interact with the remainder of the contract. Where the contract contains a liquidated damages clause, parties must be alive to the fact that the amendments may lead to a change in...

 

HTMLSupreme Court To Decide Whether Employers Are Required To Provide Accommodations To Pregnant Employees
Todd M. Reed, Jonathan R. Shank; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 4, 2014
On December 3, 2014, the United States Supreme Court heard oral argument in Young v. United Parcel Service, Inc., a case that will determine whether employers must provide pregnant employees with workplace accommodations, such as light duty work, under the Pregnancy Discrimination Act (PDA). The...

 

HTMLOCR Issues Bulletin on Privacy in Emergency Situations
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
In light of the recent Ebola cases, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) released a new bulletin, to remind HIPAA-covered entities and business associates that the requirements of the HIPAA Privacy Rule apply even in emergency situations. The...

 

HTMLOIG Releases 2015 Work Plan
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
On October 31, 2014, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released its Work Plan for Fiscal Year 2015 (“Work Plan”). The Work Plan describes the various projects OIG plans to address in the upcoming year. Some of the key new...

 

HTMLRevised STELA Reauthorization Legislation Passed by House
Edwards Wildman Palmer LLP;
Legal Alert/Article
December 5, 2014, previously published on November 2014
On Wednesday, November 19, 2014, the House of Representatives passed H.R. 5728, a revised bill reauthorizing the Satellite Television Extension and Localism Act of 2010 (STELA). In addition to extending the expiring STELA provisions for another five years, the bill, which is entitled the STELA...

 

HTMLMassachusetts High Court Rules That Insurer’s Full Reimbursement of Insured’s Expenses Does Not Bar Insured’s G.L. c. 93A Claim
Laura E. Bange; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 5, 2014, previously published on November 26, 2014
The Supreme Judicial Court of Massachusetts recently considered whether an insured could pursue a claim against an insurer which had breached its duty to defend for unfair or deceptive acts or practices under G.L. c. 93A, § 11, notwithstanding the insurer’s full reimbursement of the...

 

HTMLCMS Launches Open Payments Database
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 28, 2014, previously published on October 17, 2014
After much anticipation, the Centers for Medicare & Medicaid Services (“CMS”) launched the Affordable Care Act’s Open Payments database on September 30, 2014. The database, which is available at - https://openpaymentsdata.cms.gov/, is supposed to help patients become more...

 

HTMLMassachusetts Federal Court Rules That Insurer’s Decision To Commence Rescission Action Does Not Waive Attorney-Client Privilege
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 10, 2014
Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim...

 


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