Document(s) published by this organization: 26
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|Two Early New Year's Gifts from CMS and the OIG Concerning the Donation of Electronic Health Records|
Carol D. Scott; Hinshaw & Culbertson LLP;
January 10, 2014, previously published on January 7, 2014In 2006, the Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services (DHHS) published a Final Rule that provided an exception to the Stark Physician Self-Referral Law (42 USC Section 1395nn, Section 1877 of the Social Security Act) for the donation of...
|Court Finds that Statute Eliminated the Distinction Between Agents and Brokers|
Donald A. O'Brien; Hinshaw & Culbertson LLP;
January 6, 2014, previously published on December 30, 2013Plaintiffs brought an action against an insurance agent and the insurance carrier seeking damages for the agent's negligence in procuring automobile insurance that did not name the insured's girlfriend and her son as insureds. When the girlfriend's son was struck by a vehicle while riding his...
|Under Maine Law, Advice to Seek Independent Counsel Is Unnecessary When an Engagement Agreement Contains a Clear Arbitration Clause|
Patricia Lynch Franklin, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
December 27, 2013, previously published on December 23, 2013The United States First Circuit Court of Appeals, considering Maine law, determined that an arbitration clause in an attorney-client engagement letter was enforceable. The attorneys were not required to advise the client to obtain the advice of independent counsel, and were not required to discuss...
|Is Section 2-622 a Dead Letter After Gauto?|
Jason K. Winslow; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013On September 5, 2013, the Illinois Appellate Court, Fifth District, published a written opinion in Rickie Fox and Ruth Fox v. Suzanne Gauto, Executor of the Estate of Nelson Gauto, deceased, a medical malpractice case. The Gauto Court grappled with the issue of what standard applies when...
|Plaintiffs Beware - Case Law Updates|
Dawn A. Sallerson; Hinshaw & Culbertson LLP;
December 19, 2013, previously published on December 17, 2013Two decisions out of the Illinois Appellate Court, First District, are significant medical malpractice cases for physicians, hospitals, risk managers, insurance carriers and their counsel, one decision reflecting the importance of diligent opposition to plaintiff's late expert disclosures and the...
|CMS, ONC Propose Adjustments to Meaningful Use Implementation for EHR Incentive Program|
Paige J. Dowdakin; Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 12, 2013On December 6, 2013, federal officials announced that the Centers for Medicare & Medicaid Services (CMS) has proposed changes to the timeline for the implementation of meaningful use for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Program, and the Office of the National...
|Selling to an ESOP May be a Possible Exit Strategy for a Closely-Held Business Owner|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013Transitioning a closely-held company is not easy. An owner of a closely-held company often wants to convert a portion of his or her shares into cash to reduce investment risk. An owner who is evaluating complete exit strategies should consider selling his or her shares to an ESOP among the possible...
|Illinois Stops Civil Conspiracy Claims In Asbestos Litigation|
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
December 13, 2013, previously published on November 21, 2013In Gillenwater v. Honeywell International, et al., 2013 WL 5273355 (Ill.App. 4 Dist.) (Sept. 18, 2013), the Illinois Appellate Court for the Fourth District affirmed the Circuit Court of McLean County, granting Defendant's motions for judgment notwithstanding the verdict on the Plaintiff's...
|Marital Trust Allocation Formulas Should Be Updated Now in Illinois and Minnesota|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013Because the federal estate tax tax-free amount exceeds the Illinois and Minnesota estate tax exemption amounts, the decoupling of Illinois and Minnesota estate taxes from the federal estate tax has created significant complexities in the estate plans of married couples residing in those states.
|Additional 3.8% Medicare Tax Imposed on Trust and Estate Income|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013Beginning in 2013, trusts and estates will be subject to an additional 3.8% Medicare tax on “net investment income” in excess of $11,950. Net investment income includes interest, dividends, rents (unless the trustee is actively participating in a real estate business), royalties,...