Publications

On December 4, 2014, President Barack Obama signed into law (Pub. L. 113-198) which continued a de facto moratorium on enforcement of physician supervision requirements for critical access and small rural hospitals. Specifically, the law requires the Secretary of the Department of Health and Human Services to continue to instruct […]

Many practitioners including physicians, physician assistants and nurse practitioners (“Eligible Professionals”) recently received a notice from the Centers for Medicare and Medicaid Services (“CMS”) stating that, in 2015, a negative reduction (-1.5%) in Medicare Physician Fee Schedule (“MPFS”) amounts would be imposed for failure to report under the Physician Quality […]

Beds caked in feces and soaked in urine are not the typical living conditions for the nation’s nursing home population. These facts recently motivated Government officials to utilize ever evolving methods of enforcement to uphold quality of care standards for the elderly under Federal criminal statutes and the “worthless services” […]

How do borrowers rescind their mortgage loans under the Truth in Lending Act, 15 U.S.C. § 1635 (“TILA”)? By sending notice to the lender within three years of the transaction. That seems to be the majority of the Justices’ views based on oral arguments on November 4, 2014, in Jesinoski […]

In Gaver v. Schneider’s O.K Tire, Co., Gaver had an agreement with Schneider’s which contained a restrictive covenant on post-employment competition. The consideration for the agreement, signed at the outset of employment, purported to be participation in the company profit sharing plan. The profit sharing plan did not contain any […]