June 2014 Archives

The Expansion of Patient Rights Under the Affordable Care Act

The trend in health care is increased governmental regulation making it imperative for health care providers and insurers to understand patient rights. The Patient Self Determination Act of 1990 significantly advanced patient rights, while the Affordable Care Act (ACA) has taken this protection to a higher level.

As the Pendulum Swings: The Bribery Backlash to the Honest Services Doctrine

'T was not so long ago that we saw an insurance company lobbyist in Massachusetts find himself convicted of Wire and Mail Fraud as a result of his company picking up the tab for golf and entertainment junkets to Puerto Rico by the Chairman of Massachusetts House Insurance Committee and others. The government theory was that the lobbyist had conspired to engage in "a scheme or artifice to deprive another of the intangible right of honest services." and had thus deprived the good citizens of the Commonwealth of their intangible right to the honest services of their elected officials. This is the so-called "Honest Services Doctrine." US v Sawyer, 85 F. 3d 713 (1st Cir.1996).

Health Care is Not a Simple Matter

Health care and health insurance are evolving and becoming increasingly more fragmented because of the enactment of the Patient Protection and Affordable Care Act (ACA). Prior to the ACA, a majority of U.S. citizens maintained primary health insurance coverage either directly or through the Medicare and Medicaid programs. Today, the landscape has changed.

Automatic Revocation of Tax-Exempt Status: A New Streamlined Process for Retroactive Reinstatement

Federal law mandates that most tax-exempt organizations file annual returns with the Internal Revenue Service (IRS). Following the enactment of the Pension Protection Act of 2006, and commencing in the 2007 tax year, tax-exempt organizations which fail to file requisite annual returns for three consecutive years are subject to automatic revocation of their tax-exempt status as of the due date of the third filing. Among other consequences, auto-revocation causes tax-exempt organizations to be ineligible to accept tax-deductible contributions and places once exempt organizations onto the IRS's publicly available Auto-Revocation List.

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