Document(s) published by this organization: 19
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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...
|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.
|Trustees of Irrevocable Life Insurance Trusts Need to Beware|
Hinshaw Culbertson LLP;
December 13, 2013, previously published on December 11, 2013Being the trustee of an irrevocable life insurance may come with personal liability if the trustee is unaware of his or her duties and breaches such duties as a result. Unless liability is limited in the respective trust agreement and such restrictions are enforceable under state law, a trustee can...
|Negligent Attorney Not Entitled to Setoff For His Attorney's Fees|
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
December 13, 2013, previously published on December 4, 2013In its review of two questions of first impression, the Iowa Supreme Court: 1) accepted the majority view that no setoff is available to a negligent lawyer; and 2) court awarded interest to the legal malpractice plaintiff from the likely date of the judgment in the underlying case.
|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...
|Rejecting Res Judicata Argument, Sixth Circuit Reverses Judgment for Debt Collector, But Finds that Debtor Lacks Standing|
Marka Belinfanti, Elizabeth K. Devine; Hinshaw & Culbertson LLP;
December 13, 2013, previously published on November 14, 2013Plaintiff sued debt collector, defendant DH Capital Management ("DHC"), alleging that DHC violated the FDCPA and Kentucky's usury laws by attempting to collect a debt to which it was not legally entitled.