The Centers for Medicare and Medicaid Services (CMS) were too slow in carrying out a corrective action plan agreed to as a part of the 2013 settlement in Jimmo v. Sebelius (now captioned Jimmo v. Price). The defendant Department of Health and Human Services had agreed to conduct a nationwide […]
Publications
Volk v. DeMeerleer: Does it Impact the Duty to Warn?
The Supreme Court of Washington extended the duty “owed by medical professional[s] to a victim based on a special relationship between the mental health professional and the professional’s patient” to situations involving mental health outpatients. 1 In July of 2010, a man with severe mental illness shot and killed his […]
Insight into How the DOJ Evaluates Compliance Programs
The Department of Justice (” DOJ”) recently published a report on its public website called “Evaluation of Corporate Compliance Programs.” The intention of the guidance is to provide transparency about the factors that the DOJ will consider in reviewing information from organizations involved in DOJ investigations. Organizations involved in self-disclosures […]
Proposed Changes to the Property Assessed Clean Energy Act
Legislative Bill 625 proposes several changes to the Property Assessed Clean Energy Act (“PACE”). PACE allows municipalities to finance the installation of energy efficiency improvements and renewable energy systems following the adoption of ordinances creating clean energy assessment districts. PACE benefits the consumer and community by allowing energy efficiency improvements […]
Guidance on Historic Tax Credits by Pass-through Entities
On March 7, 2017, the Nebraska Department of Revenue issued guidance on the use of state historic tax credits by owners of pass-through entities. The Nebraska Job Creation and Mainstreet Revitalization Act (the “Act”) established tax credits for applicants to rehabilitate historically significant property. The guidance under the Act provides […]