If you employed 50 or more full-time employees (including full-time equivalent employees) in 2015, you are an "Applicable Large Employer" or "ALE" in accordance with the Affordable Care Act's ("ACA") Employer Shared Responsibility provisions under Section 4980H of the...
PLDO Law Blog
Adam Greshowak
Protected Health Information and HIPAA – What You Need to Know Before You Respond to a Request or Subpoena
The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule generally prohibits covered entities and their business associates from disclosing protected health information ("PHI") unless there is a valid written authorization or a specific exception...
Providers Must Ensure CMS is Aware of Changes to Practice Location
An administrative law judge ("ALJ") recently upheld the revocation of a Medicare Home Health Agency's ("HHA") billing privileges, based on the fact that the HHA did not properly notify CMS of a practice location change. 42 C.F.R. Section 424.516(e), requires certain...
Dissecting the Caveats of a Legal Non-Conforming Use
Essentially every municipality has adopted a zoning ordinance which, among other things, serves to regulate the development of real property and the types of uses to which such real property may be put within the boundaries of the municipality. Typically, a...
Medical Second Opinions In The Digital Age: When A Tumor Isn’t A Tumor
Cybersecurity researchers have recently created a computer virus that was able to trick three radiologists into thinking their patients had cancer. The researchers were also able to fool automated screening systems by altering images and scans to place fake “tumors”...
DOL Issues New Opinion on Expanding Benefits Under The Family Medical Leave Act
With the latest pronouncement by the Department of Labor (“DOL”) regarding the Family Medical Leave Act (“FMLA”), employers are wise to review and revise leave policies to ensure that they do not run afoul of the agency’s most recent interpretation of the law. On...
A Primer on “Piercing The Corporate Veil” Decisions
The phrase, “piercing the corporate veil,” relates to a circumstance in which a claimant is attempting to hold individuals (shareholders or members) liable for the debts and/or obligations of the entity. This issue is also confronted in a parent-subsidiary structure...
Business Succession Planning – What You Need to Know to Succeed
Business succession planning should be part of the overall business development strategy of any enterprise. Leaving it until it is too late may have negative consequences to the future of the business. Important considerations and options for successfully transferring...
RI Supreme Court Clarifies Insurers’ Obligations in Auto Accident Claims
In a recent Rhode Island Supreme Court decision, the Court clarified the duty owed, or better yet not owed, by an insurer to third party claimants in auto accident matters. In Summit Insurance Company v. Eric Stricklett et al., No. 2017-185-A (R.I. 2019), a minor was...
