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...
“Inside Business – Powered Up For Success” Online Learning Center Offers Resources for Businesses
PLDO's recent launch of its online multimedia learning center, Inside Business - Powered Up For Success, is dedicated to assisting entrepreneurs, startups and business owners grow, thrive and succeed in today’s business environment. The platform is a resource library...
A “Reasonable Accommodation” Must Be Reasonable
For employers determining what constitutes a “reasonable accommodation” can often be a challenge. A very recent decision by a federal court in Connecticut highlights the fact that what constitutes “reasonable” is not without limits, and an employer is not obligated to...
Pros and Cons of RWI in Merger and Acquisition Transactions
Representation and warranty insurance (“RWI”) has been around for some time. Historically, it was most commonly used in large transactions, often involving publicly traded companies. However, in recent years it has become much more common in smaller, private, “middle...
Equal Access To Justice Act Determined To Be Inapplicable To Non-Parties
The Equal Access to Justice for Small Businesses and Individuals Act (“EAJA”) is a legislative enactment whose purpose is to “mitigate the burden placed upon individuals and small businesses by the arbitrary and capricious decisions of administrative agencies made...
DOL Releases Two Final Rules on Overtime Pay Under The FLSA
Two new final rules have been released by the Department of Labor (“DOL”) which update the Fair Labor Standards Act (“FLSA”). These rules will impact how an employer calculates paying an employee overtime under the FLSA. 1. The DOL released a final rule on September...