Legal News

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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Dec 12 2018

von Briesen & Roper, s.c. Expands in the Fox Valley by Adding the Professionals from Hesson & Birtch, LLC and a New Office in Neenah

Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., announced today that the lawyers and staff formerly of the law firm Hesson & Birtch, LLC in Neenah have joinedvon Briesen & Roper, s.c. The Neenah office is located at 244 East Doty Avenue. For over 20 years Hesson & Birtch, LLC served clients in the Fox Valley focusing on business, real estate, estate planning and probate. Hesson & Birtch, LLC ceased operations effective December 1, 2018.

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Dec 10 2018

With Wide-Spread Legalization of Marijuana, Has A Public Employer's Ability to Test for Marijuana Gone up In Smoke?

As of the November 2018 elections, the District of Columbia and ten states have legalized marijuana for recreational or other permissible use. Canada also implemented nation-wide legalization of marijuana for recreational use as of October 17, 2018. These developments have left many employers wondering whether they may enforce the employer's drug policy with respect to employees or applicants who claim they visited one of the aforementioned locations and, upon return, test positive for tetrahydrocannabinol (commonly referred to as "THC")—the active ingredient in marijuana.

The answer ultimately is "yes," the employer may enforce the employer's drug policy with respect to such employees and applicants; however, there are a few legalities to be aware of.

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Dec 06 2018

Condemnor’s Duty to Negotiate in Good Faith is Restricted to Just Compensation

Wisconsin’s eminent domain rules generally require condemnors to engage in “good faith negotiations” with landowners.  Back in July, the Wisconsin Court of Appeals said “good faith negotiations” only encompassed negotiations about the amount of compensation owed to the landowner.  Zastrow v. American Transmission Co., 2018 WI App 51, 383 Wis. 2d 644, 916 N.W.2d 821.  Just recently, the Wisconsin Supreme Court declined further review, leaving the court of appeals’ published decision as the law.

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Dec 05 2018

CMS Takes Action to Modernize Medicare Home Health

New Medicare rules for home health services intended to encourage innovation will be implemented in 2020. The Centers for Medicare & Medicaid Services (CMS) finalized new rules for the Home Health Prospective Payment System (HHPPS) to allow for increased utilization of developing technologies that can provide more efficient and cost-effective care, implementation of new patient-driven compensation models, and allow the expansion of home infusion therapy.

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Nov 30 2018

OIG Work Plan Monthly Updates (July, August, September, October 2018)

von Briesen continues to monitor the United States Department of Health and Human Services, Office of Inspector General (the “OIG”) Work Plan to provide insight into emerging legal trends in health care through blog posts and Legal Updates, such as this one. Health organizations are advised to use the Work Plan to identify the OIG’s areas of interest and enforcement priorities, and to review and update policies and procedures accordingly.

To stay informed of monthly Work Plan updates, please visit the von Briesen Health Law Blog and the OIG Work Plan page.

This Legal Update summarizes some of the significant OIG Work Plan updates released for July, August, September, and October 2018.

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