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|Hospital lab services may not constitute unrelated trade or business: IRS Technical Advice Memorandum|
Wakaba Y. Tessier; Husch Blackwell LLP;
July 28, 2014, previously published on July 25, 2014On July 11, 2014, the Internal Revenue Service (“IRS”) released a Technical Advice Memorandum (“TAM”) dated March 7, 2008, which concluded that, contrary to the general rule set forth in Revenue Ruling 85-110 (“Rev. Ruling 85-110”), a tax-exempt hospital’s...
|Courts Issue Conflicting Rulings on ACA Subsidies|
Russell Orban; Husch Blackwell LLP;
July 28, 2014, previously published on July 23, 2014The Patient Protection and Affordable Care Act (ACA) has always faced tremendous challenges due to the sheer magnitude of both the changes it authorized and the people it will impact. Now two different Federal Circuit Courts of Appeal have made the law’s implementation even more difficult by...
|Charting the Future of Premium Subsidies under the Affordable Care Act: Halbig v. Burwell and King v. Burwell|
Roy M. Albert, Alden J. Bianchi, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 28, 2014, previously published on July 24, 2014On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act...
|Errors in Reissue Patent Applications|
Laura A. Labeots; Husch Blackwell LLP;
July 28, 2014, previously published on July 24, 2014Recently, the Federal Circuit provided some insight about the “error” upon which a reissue patent application can be based under 35 U.S.C. § 251. See In re Dinsmore, No. 2013-1637, 2004 WL 2337372 (Fed. Cir. June 10, 2014).
|New Kentucky Data Breach Rules Go into Effect|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
July 28, 2014, previously published on July 15, 2014In its most recent legislative session, the Kentucky General Assembly enacted two new data breach laws, HB 5 and HB 232, which go into effect July 15, 2014. Kentucky governmental agencies, those doing business with governmental agencies, and persons simply doing business in Kentucky should be aware...
|Courts Differ on Healthcare Reform|
Mark L. Mattioli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 26, 2014, previously published on July 23, 2014Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Currently, only 14 states have established their own exchanges, while 36 states,...
|Deadline is Fast Approaching for Business Associate Agreements to Comply with HIPAA's Omnibus Rule|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 18, 2014Many organizations, whether business associates, covered entities, or contractors/vendors of business associates, have updated their business associate agreements to comply with the Omnibus Rule. However, many others have not. All business associate agreements must be brought into compliance with...
|Questionable Laboratory Billing Practices Lead to Increased Scrutiny|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 18, 2014The Department of Health and Human Services Office of Inspector General (OIG) recently issued findings from its study, “Questionable Billing for Medicare Part B Clinical Laboratory Services,” which provides recommendations for the Centers for Medicare & Medicaid Services (CMS) to...
|Appellate Courts Split on Validity of Key ACA Regulation|
R. Michael Scarano; Foley & Lardner LLP;
July 26, 2014, previously published on July 24, 2014In two important decisions issued July 22, 2014, both addressing the validity of a key regulation promulgated under the Patient Protection and Affordable Care Act (ACA), two federal appeals courts reached opposite conclusions, possibly setting the stage for another ACA showdown in the Supreme...
|Affordable Care Act May Be Headed to the Supreme Court (Again)|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 25, 2014The Affordable Care Act (ACA) appears on a crash course for the Supreme Court, again, after a pair of conflicting court rulings. Two federal Appeals Courts issued conflicting rulings Tuesday in lawsuits that challenge the subsidies that the ACA provides to help people cover the cost of their...