A lot has happened (and in some cases, not happened) this summer related to the Department of Labor’s Wage and Hour Division, so let’s get caught up! DOL Overtime Regulations Update: What We Know and What We Don’t Since November, we’ve been waiting for final resolution regarding the DOL’s revised […]
Publications
Liquidated Damages as Unenforceable Contract Breach Penalty – The Nebraska Court of Appeals Weighs In
In the May 23, 2017 decision in the case of Computer Support Services (d/b/a Cyzap) v. Vaccination Services (d/b/a TotalWellness), the Nebraska Court of Appeals considered whether a liquidated damages provision in a contract was enforceable. In this case, an IT vendor called Cyzap had entered into an arrangement with […]
Proposed OPPS Rule Contains a Number of Policy Changes
On July 13, 2017, CMS issued the 2018 Proposed Rules governing the outpatient prospective payment system and ambulatory surgery prospective payment system. The Proposed Rules include a number of proposed policy changes which are subject to comment until September 11, 2017. A final rule is expected to be published on […]
Hospitals Should Use Care in Drafting Adverse Decisions on Privileges
Whenever a hospital medical staff makes a decision that adversely affects a member’s privileges, it needs to determine whether to report the decision to the National Practitioner Data Bank (“NPDB”). Those decisions can be surprisingly complex, as a recent Federal case highlights, and may depend on the wording of the […]
New Partnership Audit Procedures — What Do They Mean for My Partnership or LLC? (Part 2 of 3)
This is the second of a three-part overview of the new partnership audit rules codified in the Bipartisan Budget Act of 2015 (the “Act”) that will take effect January 1, 2018. In Part 1, we provided an overview of the new partnership audit rules. In this Part, we describe the […]

