The Affordable Care Act ("ACA") requires that Medicare and Medicaid "overpayments" be reported and returned by the later of (i) 60 days after the overpayment was "identified" or (ii) the date any corresponding cost report is due (if applicable). ACA...(read more)
A Check-Up for Practices that Provide MRI, CT, or PET Services: Are you complying with Stark?
The Stark physician self-referral law is a strict liability law with many detailed technical requirements. The Affordable Care Act (“ACA”) amended a key Stark exception for group practices—the in-office ancillary services exception (“IOAS”). IOAS is...(read more)
Top 10 North Carolina Legislative Actions Your Company Should Know
The North Carolina General Assembly has completed its 2011 regular session. Approximately 1,600 bills were introduced during the session. Here’s a quick guide to the Legislative activities that are particularly important to the business community. 1...(read more)
Employer Duties in Providing Employee Benefits
Offering employee benefits in addition to wages is one way to help attract and retain quality employees. However, providing benefits entails a host of dizzying rules with clever acronyms such as “ERISA,” “COBRA,” and “HIPAA.” The headaches multiply...(read more)
Enforceability of Online Terms and Conditions Incorporated into a Written Contract
In an increasingly digital and cost-conscious business environment, many companies may desire to provide their standard terms and conditions of sale or purchase to vendors and customers electronically by posting those terms on the Internet, rather...(read more)
Supreme Court Rocks Campaign Finance Boat
The Supreme Court’s groundbreaking decision in Citizens United v. FEC opens the door for corporations and labor unions to make unlimited independent expenditures to advocate for the election or defeat of a federal candidate. The decision was a...(read more)
Family Medical Leave Act Amended Again
On October 28, 2009, Congress amended the Family Medical Leave Act (“FMLA”) yet again. These changes affect all employers subject to the FMLA, including all private employers with 50 or more employees, all public employers, and all public and...(read more)
Federal Circuit Says "Open Source" Licenses Are Enforceable Under Copyright Law
The Federal Circuit recently decided for the first time in Jacobsen v. Katzer that a copyright holder may distribute work for free public use under an "open source" license and still enforce controls on future distribution and modification of the...(read more)