On Friday, April 17, President Barack Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015, repealing the "sustainable growth rate" formula or "SGR" which was set by Congress in 1997 to control Medicare spending by limiting annual increases...
PLDO Law Blog
Month: April 2015
Revocation of Home Health Agency’s Medicare Enrollment and Billing Privileges Upheld
The revocation of a home health agency's (HHA) Medicare enrollment and billing privileges was recently upheld by an Administrative Law Judge in the Civil Remedies Division of the Health & Human Services Departmental Appeals Board (ALJ). The ALJ determined that the...
Health Care Providers Cannot Sue States Over Low Medicaid Reimbursement Rates
On Tuesday, March 31, 2015, in a 5-4 vote, the Supreme Court of the United States ("SCOTUS") ruled in the case Armstrong v. Exceptional Child Center, Inc., that health care providers cannot sue a state to challenge low Medicaid reimbursement rates. Initially,...
CONSIDERATIONS FOR NEGOTIATING COMMERCIAL LEASES
While some of the provisions contained in commercial lease agreements may be considered commonplace or “boilerplate” language, there are certain issues that require specific attention, depending upon your position in such transactions as the landlord/lessor or the...
PLANNING FOR THE MORTALITY OF A CLOSELY-HELD BUSINESS
When launching a new business venture, it is likely (and more fun) to focus on strategic planning, growth and implementation. However, it is vital in the early stages to give serious consideration to an exit strategy and business succession plan. Business structures...
PERSPECTIVE – CONTINUING VIABILITY OF SINGLE-MEMBER LLCS IN FLORIDA
The use of Limited Liability Companies (LLCs) is very popular in Florida. Most people assume LLCs offer sufficient protection from claims by judgment creditors against a member’s ownership interest. However, for the past decade, I have expressed concern regarding the...
CANNABIS ADVERTISING IN THE AGE OF REGIONAL COMPETITION
Long gone are the days of a state-sanctioned marijuana program standing in isolation in a sea of neighboring prohibitionist states. Presently, over 35 states have legalized medical marijuana, and more than 15 have legalized recreational cannabis. With increased...
IMPORTANT MA DECISION ON SOFTWARE SALES TAX APPORTIONMENT
The case of Oracle USA, Inc. v. Commissioner of Revenue was recently decided by the Massachusetts Supreme Judicial Court in favor of the taxpayer. The case is important for at least two reasons: First, the Court found that Massachusetts taxpayers have a statutory...
