Articles and Blogs

Executive Summary On October 1, 2015, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule that would overhaul the clinical diagnostic lab test (“CDLT”) payment system by linking the clinical lab fee schedule (“CLFS”) to private payor payment rates (“Proposed Rule”).  Under the Proposed Rule, each applicable laboratory will be required to…Read More

OMB Begins Review of 2016 Medicare Payment Rules On October 13, the Office of Management and Budget (“OMB”) began its review of four separate 2016 Medicare payment rules. Each rule is required to be released by November 1. The first three rules under review would revise Medicare Part A payment rates for hospital outpatient departments and…Read More

McCarthy Quits Race for House Speaker On October 8, House Majority Leader Kevin McCarthy (R-CA) withdrew his name from consideration for the Speaker of the House of Representatives moments before House Republicans were expected to formally nominate him. Retiring House Speaker John Boehner (R-OH) will remain speaker until the House votes to elect a new…Read More

For years, companies in the United States have relied on a Safe Harbor to the EU Directives (the stringent privacy requirements imposed by the European Union) to qualify for the ability to transfer protected data between EU countries and the United States. Today, however, the European Court of Justice ruled that the agreement between the…Read More

Senate Finance Committee Holds Hearing on Improper Payments On October 1, the Senate Finance Committee held a hearing to examine how improper health care payments, including overpayments and underpayments, are problematic to the federal government.  More specifically, those stemming from Medicare, Medicaid and the Earned Income Tax Credit, which account for over 76 percent of all…Read More

In SSM Health Care of Wisconsin, Inc. (“SSM“) v. City of Fitchburg (“City”), the Wisconsin Court of Appeals affirmed a circuit court’s grant of summary judgment that held that some of SSM’s personal property in a sleep center and a renal center is exempt from property taxes under Wis. Stat. § 70.11(4m)(a). Wisconsin Statute §…Read More

The National Labor Relations Board (“NLRB”) continues its efforts to find employee status for individuals historically considered to be independent contractors. In Sisters’ Camelot, a decision issued on September 25, 2015, the Board reversed an administrative law judge’s finding that canvassers hired by a non-profit organization for fundraising purposes were independent contractors. What Were the…Read More

The National Labor Relations Board (“NLRB”) has decided to allow a union to present electronic evidence of employee authorization in support of a request for a secret ballot election in the private sector. This move may make it even easier for a union to gather support and raises many concerns about how employees use computers (including…Read More

Executive Summary On September 9, 2015, Deputy Attorney General Sally Quillian Yates of the Department of Justice (“DOJ”) issued to various divisions within the DOJ and released to the public a Memorandum addressing individual accountability for corporate wrongdoing.  This Memo is the latest in a long-running series of DOJ memorandums addressing corporate misconduct. 

House Speaker John Boehner Announces Retirement from Congress In a meeting with House Republicans early September 25, Speaker John Boehner (R-OH) announced that he will give up the speakership and resign his seat in Congress effective at the end of October.  The move comes in the midst of a contentious debate between Boehner and House…Read More