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In addition to serving our clients, our attorneys are active in publishing articles, conducting seminars and giving speeches. Our firm also issues many press releases and is frequently mentioned in various news sources. These resources are available for information purposes only and may be obtained by using the various search functions below.

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Sep 14 2017

The Utah Blood Draw Story: Drawing Unwarranted Conclusions

The viral video of a Utah nurse being arrested for refusing to draw blood from an unconscious patient brought into the public view a legal conundrum faced by health care providers. The ensuing public conversation generated abundant concern for the nurse, criticism of the police and commentary on the legality of warrantless police-directed blood draws. The prevailing conclusions that the nurse was in the right, the police were in the wrong and the United States Constitution prohibits warrantless blood draws may quell the public outcry. Health care providers, however, should not take solace in this simplified and half-true answer because there are situations in which the police may rightly direct a provider to draw blood on an unconscious or unwilling patient without a warrant.

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Sep 06 2017

Proposed Department of Labor Overtime Rule Appears Destined for Shelving

After a November injunction delayed the implementation of the Department of Labor's new rule for exempt employee classification, an even more serious setback was handed down last week when a Texas federal District Court declared the rule invalid.

The ruling was a victory for the business association plaintiffs who challenged the Department's plan to raise the salary level that certain white-collar employees must earn before they are exempt from the Fair Labor Standards Act's ("FLSA") overtime pay requirements. Previously, white-collar employees working in an executive, administrative or professional capacity and earning an annual salary of at least $23,660 ($455/week) were exempt from the FLSA and therefore not entitled to additional compensation for hours worked over 40 per week. The Department's proposed rule would have significantly raised the salary threshold to $47,476 annually ($913/week), forcing employers to either raise salaries to this level or pay overtime pay to the previously exempt group.

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Aug 29 2017

OIG Work Plan Moves from Annual to Monthly Updates

The health care industry is familiar with the United States Department of Health and Human Services, Office of Inspector General (the "OIG") annual Work Plan as a helpful compliance tool. While we are familiar with the annual release identifying the OIG's new and ongoing investigative, enforcement, and compliance activities during the upcoming fiscal year, the Work Plan is getting a refresh under the current administration. Effective June 15, 2017, the OIG has begun updating its Work Plan monthly. These monthly updates may be used by compliance departments to review and update policies and procedures monthly based on the OIG's areas of interest.

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Aug 29 2017

Health Blog: OIG Work Plan Moves from Annual to Monthly Updates

The health care industry is familiar with the United States Department of Health and Human Services, Office of Inspector General (the "OIG") annual Work Plan as a helpful compliance tool. While we are familiar with the annual release identifying the OIG's new and ongoing investigative, enforcement, and compliance activities during the upcoming fiscal year, the Work Plan is getting a refresh under the current administration. Effective June 15, 2017, the OIG has begun updating its Work Plan monthly. These monthly updates may be used by compliance departments to review and update policies and procedures monthly based on the OIG's areas of interest.

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Aug 16 2017

New Partnership Tax Audit Rules Coming

Significant changes to the way entities taxed as partnerships are audited by the Internal Revenue Service, and to the way any resulting tax is collected, will become effective January 1, 2018. The new rules will affect most businesses operated as general partnerships, limited partnerships, limited liability partnerships and limited liability companies. Such entities will need to consider changes to partnership agreements, operating agreements, buy-sell agreements and other documents.

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