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In a May 1, 2019, Revenue Procedure, the IRS expanded the determination letter program to reach statutory hybrid plans and plan mergers. As background, in 2017, the IRS significantly narrowed the application of its determination letter program for individually designed qualified plans. Prior to 2017, individually designed retirement plans were required...
In a whirlwind few weeks, the fate of the EEO-1 Pay Data requirement (referred to as "Component 2") was finally decided…or was it? As a quick refresher, the EEO-1 survey must be filed annually by private employers with 100 or more employees, and by federal contractors with 50 or more employees...
In late March, South Dakota Republican Senator John Thune introduced S. 895 that would permanently extend the Centers for Medicare & Medicaid Services' enforcement instruction to its contractors that Critical Access Hospitals do not need to provide direct supervision for outpatient therapeutic services furnished in its facilities. In general, CMS requires...
HHS again makes HIPAA enforcement-related headlines, but not for the same reason it had in the recent past. At the end of April, HHS issued a "Notification of Enforcement Discretion Regarding HIPAA Civil Monetary Penalties" (the "Enforcement Discretion Notice") in which it announces reduced annual limits for HIPAA violations based on...
Beginning on April 1, 2019, CMS started using a Preclusion List as a basis for denying claims for Medicare Advantage, Part D and PACE claims. The concept of the Preclusion List was finalized a year earlier in CMS-4182-F, Contract Year 2019 Policy and Technical Changes to the Medicare Advantage Cost Plan,...
At this year's Health Care Compliance Association Compliance Institute, Joanne Chiedi, Principal Deputy Inspector General of Health and Human Services ("HHS") spoke about innovation in health care and the important role of compliance, recommending that compliance have "a seat – and a voice – at the innovation table." Ms. Chiedi noted...
Washington is gearing up to be the next state to implement a privacy law, following California's Consumer Privacy Act ("CCPA"). On March 6, 2019, SB 5376—formally titled as "an act relating to the management and oversight of personal data," or the "Washington Privacy Act" for short—passed the Washington Senate and is...
Medical devices are subject to numerous regulations and an intensive approval process to verify their safety for patient use--but what about the software that powers these devices? How secure is the software that operates insulin pumps or pacemakers? In addition to the requirement that medical device software meet general Food &...
The FBI reported in July 2018 that business e-mail compromise (BEC) is continuing to grow and evolve, targeting small, medium and large businesses. IC3, the Internet Crime Complaint Center, estimates that from December 2016 to May 2018 there was a 136 percent increase in identified global exposed losses1. IC3 also reports,...
Salem Grain Co., Inc., v. City of Falls City, 302 Nb. 548 (2019). In 2012, Defendant and Appellee Consolidated Grain and Barge Company ("Consolidated Grain") proposed to construct a new commercial grain receiving, storage, and shipping facility in Falls City, Nebraska. Consolidated Grain applied for tax increment financing ("TIF") for the...
The First Session of the 106th Nebraska Legislature convened on January 9, 2019. As of as Thursday, April 11, there are 32 days left in the session, which concludes on June 6, 2019. Bill introduction concluded on January 23, 2019. At the conclusion of bill introduction, we identified 28 bills warranting...
In 1994, the HIV crisis was at its height, and confidentiality of HIV testing and test results was a grave concern. The Nebraska Unicameral enacted an unusual statute, requiring that no HIV test be administered without first obtaining the patient's informed consent to the test. This was unusual because the special...
Medical devices are subject to numerous regulations and an intensive approval process to verify their safety for patient use--but what about the software that powers these devices? How secure is the software that operates insulin pumps or pacemakers? In addition to the requirement that medical device software meet general Food &...
Appendix Q to the State Operations Manual sets out surveyor guidance regarding Immediate Jeopardy findings. The revised guidance published by CMS in a Quality, Safety and Oversight Memo on March 5, 2019, includes a "Core" Appendix Q applicable to all provider and supplier types. Two subparts, applicable to nursing homes and...
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In less than one week, the Consumer Financial Protection Bureau's (“CFPB”) prepaid account rule will take effect. The final, effective version of the rule comes after a lengthy rulemaking process spanning several years, numerous amendments, and delayed effective dates. The end result will be that, after the rule finally does take...
In June of 2018, California enacted the California Consumer Privacy Act (the “CCPA”), the most comprehensive data privacy law to date in the United States. The CCPA originally began as a ballot initiative. However, the sponsor of that ballot initiative withdrew the measure when the California legislature agreed to pass a...
Remember what you were doing in late November 2016? Me neither. But you may remember around that time analyzing the salary levels for your employees who are classified as exempt from the Fair Labor Standards Act’s overtime requirements under one of the “white collar” exemptions (i.e. the executive, administrative, professional, outside...
As a result of the major flooding across the Midwest, President Trump declared a state of "major disaster" in Nebraska on Friday, March 22, and in Iowa on Monday, March 25. This designation brings several special tools for employers to assist their employees who have been impacted. PTO Donation Policy One...
On February 8, 2019, the Iowa Supreme Court, in Colwell v. Iowa Department of Human Services1 , limited dentists’ billing rights under Iowa Medicaid (“Medicaid”) by concluding that dentists cannot charge Medicaid patients when the managed care organization (“MCO”) denies reimbursement for covered services. In 2014, Iowa’s Medicaid expansion program began...
On February 1, 2019, the EEOC announced its extension of the EEO-1 filing deadline to May 31, 2019. The EEO-1 survey must be filed annually by private employers with 100 or more employees, and by federal contractors with 50 or more employees and a federal contract/subcontract in excess of $50,000. The...

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