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|CMS Delaying Enforcement of Regulations Related to Unique Health Plan Identifiers|
Alfred B. Fowler, William C. McCartney, Shira B. McKinlay, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
November 10, 2014, previously published on November 3, 2014Late Friday afternoon (October 31, 2014), the Center for Medicare & Medicaid Services (CMS) announced it will not be enforcing the regulations relating to unique health plan identifiers (HPIDs) until further notice. The enforcement delay applies to all HIPAA-covered entities, including health...
|The King Can Do No Wrong. But Then Again ...|
Lalit K. Loomba; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2014, previously published on June 24, 2014At common law, municipalities were immune from liability in tort for the misfeasance of their officers and employees. This principle of “sovereign immunity” was often summed up by the phrase, “The King can do no wrong.” Sovereign immunity was not merely a defense to...
|FCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements|
James R. Hobson; Best Best & Krieger LLP;
November 8, 2014, previously published on October 16, 2014Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff time by making the authorizations stored on agency databases...
|The Government Contractor Defense|
John P. Loringer; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on September 2, 2014The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements and scope of its application, is extremely important to companies that...
|2014 Midterm Elections: Overview of Results and Potential Legislative Action|
Kelsey L. Berkowitz, Tim Hutchinson, Robert Mangas, Andrew Zausner; Greenberg Traurig, LLP;
November 6, 2014, previously published on November 2014The Republican Party gained control of both chambers of Congress in yesterday’s midterm elections, with the Republican Party gaining a majority in the Senate and retaining its majority in the House.
|New York Statewide Officers Reelected; Senate Returns to Outright Republican Control; Assembly Democrats Continue Control|
Lynelle K. Bosworth, Michael J. Murphy, Joshua L. Oppenheimer; Greenberg Traurig, LLP;
November 6, 2014, previously published on November 5, 2014Leading up to the final days of New York’s 2014 election season, the greatest focus was on which party would control the State Senate. Democrats had hoped that as a result of a tentative deal with the Independent Democratic Conference (IDC), they would be able to take control of the State...
|Republican Takeover of U.S. Senate Could Bring First Changes to Dodd-Frank|
Patrick L. Anderson, Alan Slomowitz, Albert Wynn; Greenberg Traurig, LLP;
November 6, 2014, previously published on November 5, 2014Last night, Republicans won a majority in the U.S. Senate and increased their majority in the House of Representatives. Republicans will control both bodies in Congress for the first time since 2006, which will have a significant impact on financial services policymaking and regulatory oversight on...
|Office for Human Research Protections Releases Draft Guidance|
Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 5, 2014, previously published on October 29, 2014On October 24, 2014, the Office for Human Research Protections (OHRP) announced in the Federal Register that it has released, and is seeking comment on, its Draft Guidance on Disclosing Reasonably Foreseeable Risks in Research Evaluating Standards of Care (“Draft Guidance”). The Draft...
|ESMA Issues Final Draft Standards for the Central Clearing of Certain Interest Rate Swaps under EMIR|
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Paul Sinnott; Sutherland Asbill & Brennan LLP;
November 4, 2014, previously published on October 14, 2014On October 1, the European Securities and Markets Authority (ESMA) issued final draft regulatory technical standards (RTS) with respect to the central clearing of four classes of interest rate swaps (IRS). The RTS follows ESMA’s publication on July 11, 2014 of a consultation paper on the IRS...
|OIG Issues Advisory Opinion Re: Municipal Payment for Medical Transportation Services|
Ari G. Burd, Beth Christian, Frank R. Ciesla; Giordano, Halleran & Ciesla A Professional Corporation;
November 3, 2014, previously published on October 15, 2014The OIG has issued an Advisory Opinion regarding a municipality’s use of tax revenues for payment of a stipend to a volunteer ambulance squad to cover the cost of co-payments and deductibles that would otherwise be incurred by residents, as well as the cost of transports provided to residents...