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LB 148 amended various sections of the Securities Act of Nebraska (the "Act").  Some of the most substantive changes were to §8-1111.  Generally, offers and sales of securities in the State of Nebraska must be registered unless an exemption is available, and §8-1111 provides transactional exemptions from registration under the Act....
After the well-publicized CMS enforcement action against St. Peter's Hospital in Helena, Montana, in October, 2015, there was substantial confusion within the hospital industry about the effect of leasing licensed hospital space to private physicians for the purpose of periodic outreach clinics. In the case of St. Peter's, the hospital sought...
On September 15, 2017, the Iowa Board of Medicine published final administrative regulations governing the supervision of physician assistants PAs in Iowa.  Although the new rules are effective September 20, 2017, enforcement of the rule is delayed until January 1, 2018 in order to allow time for education and implementation.  Physicians...
Home health agencies ("HHAs") are struggling to deal with changes from the Centers for Medicare and Medicaid Services ("CMS") on two fronts.  On July 10, 2017, CMS released a final rule delaying the effective date of the changes to the Conditions of Participation ("COPs") for HHAs that was published on January...

Posted on in In the News
Baird Holm attorney Sean T. Nakamoto discusses diversity and the impact receiving the Frances M. Ryan Diversity Endowed Scholarship had on him in the Fall 2017 edition of Creighton Lawyer magazine. Click here to view the article. ...
On September 7, 2017, Equifax announced that it had experienced a cybersecurity breach impacting approximately 143 million people.  It appears that the unauthorized access occurred mid-May through July 2017. If a credit report was run on you prior to, or during the breach, then your information was probably exposed by the...
In its recent decision in Matthew Landrum et al. v. City of Omaha Planning Board et al., 297 Neb. 165 (2017), the Nebraska Supreme Court held that an action in error is not the proper means to seek review of a special use permit or rezoning ordinances.  Because such permits and...
The United States Supreme Court has upheld the constitutionality of a Wisconsin regulation that prevented a landowner from selling an adjacent lot as a separate building site.  Murr et. al. v. Wisconsin et. al., No. 15–214 (June 23, 2017).  The relevant regulation prevents Wisconsin landowners from subdividing and selling an adjacent...
E-Verify just released a re-designed participation poster that consolidates prior English and Spanish posters into one poster. As stated in the E-Verify User Manual, employers must replace their participation posters when updates are provided by the U.S. Department of Homeland Security. The new posters can be downloaded when you log into E-Verify...
On Tuesday, September 5, 2017, the Trump Administration announced the rescission of the Deferred Action for Childhood Arrivals (DACA), a program established by Executive Order during the Obama Administration that provided deportation relief and work authorization to certain undocumented immigrants brought to the United States as children.  The rescission will go...
On August 29, 2017, the Office of Management and Budget (OMB) halted the new EEO-1 pay disclosure requirements required by the Equal Employment Opportunity Commission (EEOC), pending OMB review. The Paperwork Reduction Act (PRA) gives the OMB's Director the right to determine whether collections of information (like the EEO-1) meet the...
Beginning in January 2016 and usually produced monthly since then, the OIG has released videos on a wide variety of topics that the OIG states "highlight an emerging health care issue or trend."  The videos are not copyrighted and may be viewed from the OIG website www.oig.hhs.gov or accessed and downloaded...
The Jimmo v. Sebelius case, settled in 2013, clarified Medicare coverage of nursing services and therapy to prevent deterioration, the so-called "maintenance coverage" standard.  The clarification was necessary to dispense with a long-held erroneous belief that Medicare only covered nursing and therapy services when the beneficiary was expected to improve.  Ironically,...
On August 2, 2017, in the 2018 Medicare Hospital Inpatient Prospective Payment System and Long Term Acute Care Hospital Prospective Payment System Final Rule (the "Final Rule"), the Centers for Medicare and Medicaid Services ("CMS") released changes to the Medicare and Medicaid Electronic Health Record Incentive Program ("Meaningful Use").  The rules...
On January 1, 2017, the Nebraska Model Business Corporation Act ("Act") went into effect.  Its adoption provides numerous changes for the formation and operation of Nebraska corporations.  This article will highlight three of the changes from the Act that any corporation should consider adopting and incorporating into their governing documents.   ...

Posted on in In the News
Baird Holm LLP is pleased to welcome Benjamin E. Busboom to the Firm. Ben is a business attorney with environmental and energy roots who regularly assists his clients through traditional transactional endeavors such as real estate transactions, business organizations, contract disputes, and mergers and acquisitions. Additionally, Ben draws on his unique...
August 23, 2017 (Omaha, NE) – Best Lawyers in America has named six Baird Holm LLP attorneys as "Lawyer of the Year " in The Best Lawyers in America 2018 Edition. The recognition of "Lawyer of the Year" is awarded to individual attorneys with the highest overall peer-feedback for a specific...
Andrew D. Kloeckner was quoted in a HFMA article, "IRS Makes First Revocation of Hospital Not-for-Profit Status Under 501(r)" on August 15, 2017. The article discusses tax-status revocations under the Affordable Care Act....
Yes, you heard correctly!  Just when employers were getting used to the January 2017 version, the USCIS released another revised version of Form I-9, Employment Eligibility Verification.  For now, employers may use this revised version or continue using Form I-9 with a revision date of November 14, 2016 through September 17,...
The Eighth Circuit Court of Appeals recently held that an Iowa agricultural products company could not enforce a noncompete agreement against one of its independent contractors as it was unreasonable. Ag Spectrum Co. v. Elder, __ F.3d__,  2017 WL 3271303, at *1 (8th Cir. Aug. 2, 2017).   Vaughn Elder ("Elder")...

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