September 2015 Archives

Dissecting the Caveats of a Legal Non-Conforming Use

Essentially every municipality has adopted a zoning ordinance which, among other things, serves to regulate the development of real property and the types of uses to which such real property may be put within the boundaries of the municipality. Typically, a municipality is divided into zoning districts (i.e. residential, commercial, agricultural and industrial), each of which clearly delineates the permitted use or uses of real property located within each zoning district. Through the adoption and enforcement of a zoning ordinance, a municipality is able to regulate development within a particular locality resulting, presumably, in the preservation of real property values.

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.

Essential Business Practice: Effective Record Retention Policy

Rule 26 of the Federal Rules of Civil Procedure provides that parties "may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense [...]," but may not obtain discovery of electronically stored information from sources that are not reasonably accessible because of undue burden or cost. Having an effective record retention policy may be the solution to saving thousands of dollars in the event of a lawsuit. The example below demonstrates just how important this essential business practice can be.

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