The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) imposes strict joint and several liability on both “owners” and “operators” of contaminated real property. Both a landlord and a tenant are subject to CERCLA liability (regardless of fault). This concept is often misunderstood by lessees who assume that they (as […]
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Nebraska Legislative Update: Health Care Surrogacy Act and Judicial Emancipation of Minors
on Thursday, 3 May 2018 in
Publications
Nebraska Health Care Surrogacy Act On April 4, 2018, Governor Pete Ricketts signed LB 104, the Health Care Surrogacy Act (“HCSA”), into law. The purpose of the HCSA is to establish a process for the designation of a surrogate to make a health care decision for an emancipated minor or […]
New Nebraska Law LB 931 Aims to Reduce Prescription Opioid Abuse
on Thursday, 3 May 2018 in
Publications
On April 4, 2018, Nebraska Governor Pete Ricketts placed another tool in the box of the State’s efforts to fight abuse of prescription opioids by signing LB 931. The new law places several requirements on health care practitioners to help stem the rising tide of abuse of prescription opioids. The […]
LB 439: New Requirements under Nebraska’s Assisted-Living Facility Act
on Thursday, 3 May 2018 in
Publications
LB 439, which makes a number of changes to Nebraska’s Assisted-Living Facility Act (the “Act”), was recently passed by the Nebraska Legislature and signed by Governor Ricketts. The bill goes into effect on July 19, 2018, so it would be prudent for an assisted-living facility to review the bill now […]
Frustration Grows Over ALJ Backlog—Could CMS Do More?
on Thursday, 3 May 2018 in
Publications
We recently reported on the “Low Volume Appeals (LVA) Settlement” process initiated by the Centers for Medicare and Medicare (CMS) that was implemented during March and April 2018. (See February 2, 2018 Health Law Advisory.) Many, including the American Hospital Association (AHA), have asserted that the LVA process is insufficient […]
