On December 28, 2015, by way of Notice 2016-4, the Department of the Treasury and the Internal Revenue Service ("IRS") extended the due dates for 2015 information reporting pursuant to the Affordable Care Act ("ACA"). Noting that some insurers and employers need...
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Employer Reporting Deadlines under the ACA Are Fast Approaching
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...
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...
Comparing Start-Up Valuation Methods
In our Business Law practice, we routinely deal with entrepreneurs and investors who are trying to structure an investment opportunity on the basis of the company’s value before the outside investment is closed. This challenge exists whether the investment will be...
Due Diligence Considerations for Entrepreneurs and Investors
Representing clients seeking to invest in a venture or finance a new business opportunity is a challenging experience for the lawyer as it routinely involves outlining the steps and various issues that are involved in the process of either type of transaction. The...
Investment Structures in a Business Transaction
The process of negotiating an investment opportunity is oftentimes intimidating for first time investors or entrepreneurs. The business jargon is confusing, while the terms and conditions vary for each investment. The non-equity investment terms will vary from lender...
Courts Start To Weigh In On COVID-19 Lawsuits
PLDO recently issued an advisory about the forthcoming explosion of lawsuits arising out of the coronavirus pandemic. Specifically, the article addressed the legal concept of “force majeure” and predicted that many businesses will claim that the pandemic prevented...
Employee’s “Odd” Behavior Justified Mandatory Drug Test
Most employers know that they cannot insist that an employee take a drug test unless the employer has “reasonable grounds” to believe that an employee’s job performance is impaired by drug use. Also, the employer must observe contemporaneous evidence of impairment...
