In 1990, Congress enacted the Patient Self-Determination Act (“the Act”), requiring that patients be informed of their rights under state law to consent to and refuse medical therapies on an informed basis. This federal law focuses on the patient’s right to refuse treatment, including life-sustaining services, recognizing that there is […]
Publications
New CMS Memorandum Regarding Texting of Orders
On February 8, 2024, CMS released updated guidance regarding the use of texting for orders. In prior guidance from 2018, CMS had stated that while it acknowledged that the use of texting had become an essential means of communication among hospital staff and providers, the texting of patient orders would […]
Legislature Passes Bill to Change the Nebraska Public Records Statutes and Open Meetings Act
Less than one week after the Nebraska Supreme Court issued an important decision for public entities in Nebraska Journalism Trust v. Nebraska Department of Environment, the Legislature passed a bill nullifying a key piece of the Court’s decision and making other changes to the Nebraska Public Records Statutes and Open […]
Nebraska Supreme Court Addresses Rent-Restricted Property Valuation and Congress Adjusts Laws Affecting Low Income Housing Tax Credits
The Low Income Housing Tax Credit (“LIHTC”) industry in Nebraska may be changing. First, on March 15, 2024, the Nebraska Supreme Court decided A&P II, LLC v. Lancaster County Board of Equalization, addressing LIHTC property valuation methodologies. Second, Congress adjusted the Private Activity Bond (“PAB”) financing threshold for four percent […]
The Ever-Expanding Liability of Cyber-Breaches
In a recent court case filed in Superior Court in California[1], a law firm alleges that a managed service provider (“MSP”) is partly to blame for the loss of their data as a result of a cyber-breach. The law firm’s complaint states that the MSP was hired in part to […]

