The trend in health care is increased governmental regulation making it imperative for health care providers and insurers to understand patient rights. The Patient Self Determination Act of 1990 significantly advanced patient rights, while the Affordable Care Act...
PLDO Law Blog
Month: June 2014
As the Pendulum Swings: The Bribery Backlash to the Honest Services Doctrine
'T was not so long ago that we saw an insurance company lobbyist in Massachusetts find himself convicted of Wire and Mail Fraud as a result of his company picking up the tab for golf and entertainment junkets to Puerto Rico by the Chairman of Massachusetts House...
Health Care is Not a Simple Matter
Health care and health insurance are evolving and becoming increasingly more fragmented because of the enactment of the Patient Protection and Affordable Care Act (ACA). Prior to the ACA, a majority of U.S. citizens maintained primary health insurance...
Automatic Revocation of Tax-Exempt Status: A New Streamlined Process for Retroactive Reinstatement
Federal law mandates that most tax-exempt organizations file annual returns with the Internal Revenue Service (IRS). Following the enactment of the Pension Protection Act of 2006, and commencing in the 2007 tax year, tax-exempt organizations which fail to file...
LAST MINUTE CHANGE TO RI ADULT USE CANNABIS LEGISLATION BENEFITS LICENSED CULTIVATORS
Rhode Island appears to be on a definitive track towards legalization of cannabis and establishing a framework for its adult use industry. More than 15 years after establishing its medical marijuana program and, following years of on-and-off momentum, the Rhode Island...
THE TREES CAN STAY (FOR NOW) – A LESSON ON WRIT OF MANDAMUS
In a recently published opinion, the Rhode Island Supreme Court addressed when it is and is not appropriate for the court to grant the issuance of a writ of mandamus. A writ of mandamus is used to compel the performance of an act by a public officer. In the case...
DIRECTED TRUSTS PROVIDE FLEXIBILITY FOR THE CLOSELY-HELD BUSINESS OWNER
In July 2021, Florida adopted the new Florida Uniform Directed Trust Act (“FUDTA”). Modern directed trusts are one of the best vehicles to provide intergenerational wealth preservation and flexibility. Historically, all the functions of a trustee have been handled by...
NUTS & BOLTS OF A ROLL-UP STRATEGY IN BUSINESS ACQUISITIONS
In a roll-up strategy, the buyer—usually a private equity fund—identifies a highly fragmented industry, which is a situation where multiple companies compete, and there is no single or small group of companies that dominates that specific industry. Subsequently, the...
THE SAFE BANKING ACT: WILL 2022 OPEN THE DOOR FOR CANNABIS BUSINESSES TO ACCESS COMMERCIAL BANKING?
Lawful cannabis businesses in the United States have historically and predominately relied on private funding to establish and prop up their operations until they can sustain themselves as revenue-driven enterprises. This is because cannabis remains illegal under...
