A recent decision by a Centers for Medicare & Medicaid Services ("CMS") Administrator serves as a reminder to providers regarding "bad debt" collection efforts. Medicare providers can be reimbursed for "bad debts," which are "uncollectible" amounts attributable to...
PLDO Law Blog
Month: December 2014
Medicaid Market Explodes as Primary Care Doctors Face Major Cut in Fees for Services
The market is flooded with millions of people who have new Medicaid coverage at the same time primary care physicians (PCP) who care for this population face a major cut in pay. The Affordable Care Act (ACA) authorized the federal government to fund a temporary...
Health Care Premium Tax Credits Under Review by U.S. Supreme Court: Decision Could Have Far-Reaching Consequences
On November 7, 2014, the Supreme Court of the United States decided to take up the issue of whether premium tax credits provided for under the Affordable Care Act (ACA) are available on both state and federal health insurance exchanges. The Court will hear arguments...
Massachusetts Voters Approve New Sick Leave Law: What It Means To Your Business
Massachusetts employers would be well advised to update their written policies, employee handbooks and internal record keeping procedures to prepare for a new law that provides one of the most generous sick leave mandates in the country. On November 4, 2014,...
GOVERNOR MCKEE MAKES LONG-AWAITED ANNOUNCEMENT OF RHODE ISLAND CANNABIS CONTROL COMMISSION NOMINATIONS
After much anticipation, Rhode Island Governor Daniel McKee made a move critical to advancing the state’s cannabis legalization efforts by naming his appointments to the new Cannabis Control Commission (“CCC”). The announcement of Kimberly Ahern, the Governor’s...
FIRST CIRCUIT EXPLAINS FLSA OVERTIME REQUIREMENTS FOR ADMINISTRATIVE EMPLOYEES
It is well settled that the Fair Labor Standards Act (“FLSA”) requires employers to pay certain employees overtime pay at one and one-half times the employees’ regular rate. 29 U.S.C.S. §207(a). However, certain employees are exempt from this overtime requirement,...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
