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HTMLInfectious? Please, Just Go Home!
Jo Ellen Whitney; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
January 30, 2015, previously published on January 8, 2015
The world can be a scary place. There are risks that you can control, like whether or not you take up bungee jumping or alligator wrestling, and risks you can’t control, such as whether or not someone runs a red light or if your cubemate has the flu.

 

HTMLThe Terrorism Risk Insurance Act (TRIA) Set to Expire Year End
Eric L. Altman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 17, 2014
The Terrorism Risk Insurance Act (TRIA) now appears set to expire as of December 31, 2014, barring further action from Congress. The Terrorism Risk Insurance Program Reauthorization Act of 2014 would have extended the existing terrorism insurance coverage under TRIA. Although the House of...

 

HTMLCMS’ Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs
Helen Cho Eckert, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 5, 2015
The Centers for Medicare & Medicaid Services (CMS) released proposed regulations to clarify and build on current regulatory requirements for Accountable Care Organizations (ACOs) that participate in the Medicare Shared Savings Program (MSSP). Among the changes is one addressing when an ACO must...

 

HTMLCourt Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 1, 2014
An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer's asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New...

 

HTMLNation’s Highest Court Schedules Oral Arguments in King v. Burwell
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
A Supreme Court of the United States (SCOTUS) spokesperson announced on December 22, 2014, that the Court will hear oral arguments in King v. Burwell on March 4, 2015. This means that not only could the highest court soon resolve the circuit split on the case’s key issue, but that the future...

 

HTMLNational Transportation Safety Board Affirms FAA Jurisdiction over Commercial UAS Operators
Erik M. Dullea; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 5, 2014
November 2014 was a busy month for the Unmanned Aircraft System (UAS) industry. In the same week that CNN reported companies were offering $100,000 salaries to Unmanned Aircraft System (aka drone) pilots, the National Transportation Safety Board held that the Federal Aviation Administration was...

 

HTMLCMS Defines “Uninsured” for Medicaid DSH Payments But Leaves Impact on Hospital-Specific Payments Undefined
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 11, 2014
CMS’ Final Rule, “Medicaid; Disproportionate Share Hospital Payments - Uninsured Definition”, published on December 3, 2014, may offer relief to some hospitals receiving Medicaid disproportionate share hospital (DSH) payments under the Social Security Act. Starting December 31,...

 

HTMLCalifornia Insurance Commissioner Issues Emergency Regulations Affecting Narrow Provider Networks
Eugene Y.C. Ngai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 12, 2015
On January 5, 2015, Commissioner Dave Jones issued emergency regulations affecting health insurers with respect to access to provider networks in response to consumer complaints that appointments with physicians are hard to obtain, that in-network care is far away, and that in-network provider...

 

HTMLAppeals Court Finds No Breach of Settlement Agreement by Hospital Disclosing Nursing Board Report to Prospective Employer of Former Employee
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
A hospital did not breach its settlement agreement with a former employee when it disclosed to a prospective employer that it reported her to the New Jersey Board of Nursing (the "Nursing Board"), a federal appeals court has ruled. Debra Weisman, et al. v. New Jersey Dept. of Human...

 

HTMLU.S. District Court Blocks U.S. DOL's New Definition of Companionship Services Under FLSA
Stephen E. Zweig; Ford & Harrison LLP;
Legal Alert/Article
January 30, 2015, previously published on January 2, 2015
Executive Summary: The U.S. District Court for the District of Columbia has issued a Temporary Restraining Order ("TRO") blocking the U.S. Department of Labor ("DOL") from enforcing the new definition of Companionship Services in its Final Rule on the Application of the Fair...

 


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