Member Articles

The Florida Agency for Health Care Administration (“AHCA”) earlier this month fined Humana $3.4 million for failing to promptly report suspected cases of Medicaid fraud and abuse by others, as required by statute and Humana’s Medicaid HMO contract. Though many states have similar laws or regulations, this appears to be the first enforcement action of its kind in the nation ...

Three proposed rules for the establishment of Affordable Insurance Exchanges – intended to create competitive marketplaces for private health insurance and a key component of the healthcare reform legislation enacted in March 2010 – were released today by Departments of Health and Human Services and Treasury ...

While water resource management can, ironically, be one of the driest of topics in mixed company, thefuture supply of fresh water is becoming an increasingly critical global issue. This week experts from around the globe are converging on Dundeefor an international conference, discussing security and sustainability issues around water ...

Law No. 20,500 about Associations and Community Participation in Public Management was published on the Official Gazette on February 16th, 2011, and it is a great progress in order to materialize the right of free association and the participatory principle, both established in the Chilean Political Constitution ...

According to the Mexican Constitution (the "Constitution"), the Nation has direct ownership of subsoil, as well as the exclusive right to develop and use petroleum and gas. Therefore, private ownership of hydrocarbons is forbidden and ownership of reserves of petroleum and gas belongs to the Nation.As a result, the Nation may not grant oil exploration and user rights to private entities ...

Last week, in conjunction with the Queensland Resources Council, Minter Ellison hosted a presentation by one of the world's leading carbon market experts. Her topic was the European Union's Emissions Trading Scheme (EU ETS) and what Australia can learn from it in the context of the current debate around a carbon pricing mechanism for this country.Jill Duggan works for the EU ...

The Internal Revenue Service has proposed guidelines detailing how tax-exempt hospitals can conduct a Community Health Needs Assessment (CHNA), as required in the 2010 Patient Protection and Affordable Care Act (PPACA). Although this new requirement is not effective until taxable years commencing after March 23, 2012, the IRS issued its guidance now because hospitals may choose to start the process of conducting CHNAs and implement strategies in advance of the effective date ...

On 1 October 2011 all private sewers and lateral drains in existence on 1 July 2011 that drain to the public network will transfer to the ownership of the water and sewerage companies. This transfer will apply to residential and commercial properties in England and Wales. It will bring about the biggest change in responsibility for sewerage services since 1937 ...

Texas health care providers, health insurers and health clearinghouses face new mandates and increased penalties over the use of electronic health records (EHR) as a result of HB300, which was passed in the 2011 Texas legislative session and signed into law by Governor Rick Perry. The Texas legislation expands privacy rights of patients beyond that contained in federal HIPAA legislation ...

On July 1, the Texas Supreme Court handed down an opinion that has the potential to impact any case where medical or health expenses are at issue. In the wake of the Court’s ruling, a plaintiff may not recover medical expenses for amounts that the plaintiff’s health providers bill but have no right to be paid. In addition, the Court held that such bills are inadmissible - including to show pain and suffering. Case Background and Issues Presented Haygood v ...

On July 5, 2011, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule in the Federal Register that would make a number of changes to the Medicare program’s home health prospective payment system for calendar year 2012.Most significantly, the proposed rule would reduce Medicare payments to home health agencies by 3.35% or approximately $640 million in 2012. The reduction reflects the combined effects of (i) a home health market basket update of 2 ...

The U.S. Department of Justice (“DOJ”), Pennsylvania Department of Environmental of Protection (“PADEP”), and environmental groups have quickly answered the U.S. Environmental Protection Agency (“EPA”) summons to ensure new energy extraction complies with environmental laws ...

The global focus on reducing greenhouse gases and promoting renewable energy cannot be ignored in today’s business environment. Whether your business deals directly in energy or not, EU green policy-making is likely to affect your costs: transport, shipping, heating, electricity - all are ultimately affected by EU legislation on energy and climate change. In March 2007, the Council of the European Union agreed a new Energy Policy ...

During the 2011 legislative session that just ended, Texas Governor Rick Perry signed into law a bill that allows rural hospitals to employ physicians, known as the “corporate practice of medicine,” despite the state’s long-standing ban on such practices. This legislation, along with similar recent legislation, signals that Texas might eventually do away with its ban on corporate employment of physicians altogether ...

Yesterday a three-judge panel from the United States Court of Appeals for the Sixth Circuit became the first appellate court to uphold the constitutionality of the minimum coverage provision of the Patient Protection and Affordable Care Act (the “Act”), requiring that Americans obtain health insurance. Opinions are expected from the Fourth and Eleventh Circuits later this summer ...

  1. Industry Structure and Market   Portugal is usually looked at as a potential oil-producing country attracting industry players on a regular basis to carry out prospection activities due to the extension of its coast.   In fact, several public agencies and experts have identified the Portuguese off-shore and on-shore as having oil producing potential ...

On June 16, 2011, the Supreme Court issued an opinion in Smith v. Bayer allowing a plaintiff to pursue class certification in a state court action after a federal court had denied certification in a substantially similar case. The Court held that it was improper for the federal court to enjoin the state proceeding under the “relitigation exception” of the Anti-Injunction Act because the issues were not identical and the state court plaintiff was not a party to the federal lawsuit ...

A bipartisan U.S. Senate committee has asked both the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services to study the proliferation of physician owned distributorships (PODs), citing a lack of regulatory guidance on how these arrangements square with existing federal law ...

as published in West Virginia Executive magazine, June 2011The past few years have been an exciting time for oil and gas operators. The Marcellus Shale, previously uneconomical to produce, has been unlocked through the deployment of advanced drilling techniques, namely horizontal drilling and large-volume hydraulic fracturing ...

On May 25, 2011, the en banc Federal Circuit announced its decision in Therasense, Inc. v. Becton, Dickinson & Company regarding the appropriate standards for succeeding with an inequitable conduct defense ...