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Posts from February 2017.

The Advance Notice of Methodological Changes for Calendar Year 2018 for Medicare Advantage (MA) Capitation Rates, Part C and Part D Payment Policies and 2018 Call Letter (Call Letter) was issued by the Centers for Medicare & Medicaid Services (CMS) on February 1. Comments are due by March 3. The final call letter is to be published April 3. The Call Letter proposes several updates and changes to the payment methodologies and plan design features for stand-alone prescription drug plans (PDPs) and MA-PDs, while remaining consistent with prior guidance in certain areas. This article focuses on the impact of the Call Letter on Part D prescription drug plans.

Posted in Real Estate

In Flat Rock Wind, LLC v. Rush County Area Board of Zoning Appeals et al., 70A01-1606-PL-1382, the Indiana Court of Appeals affirmed the trial court’s decision upholding the Rush County Board of Zoning Appeals’ decision to grant petitioner Flat Rock Wind, LLC’s application to construct a commercial Wind Energy Conversion System (WECS), subject to a requirement that the every ...

Posted in Litigation

On Feb. 8, 2017, two “experienced” plaintiffs who have previously brought claims under the Telephone Consumer Protection Act (“TCPA”) petitioned the Federal Communications Commission (“FCC”) for revision of the rule making authority interpreting Congress’s intent under the TCPA. Specifically, they ask the FCC to change the rule on non-solicitation calls through Automated Telephone Dialing Systems (“ATDS”). They ask the FCC to change the “prior express consent” standard applicable to such calls to be the same as the “prior express written consent” that is now the rule for marketing calls.

The Department of Labor (DOL) recently released its Final Strategic Plan for the next five years. While the document itself does not provide binding regulations, it outlines general goals and provides insight into where the DOL will focus resources, enforcement efforts and regulatory activity in the upcoming years. Employers should pay particular attention as much of the Plan demonstrates a significant shift in enforcement strategies, which could be a significant burden. Specifically, the DOL will begin a comprehensive initiative targeting employee misclassification. The DOL Wage and Hour Division (WHD) will spearhead this compliance initiative, working closely with the Department of Treasury.

Posted in Litigation

Every business at some time struggles with not being paid – even law firms. Indeed, I have yet to meet an attorney that has not had some issue with collections. However, Kentucky’s Attorney’s Lien statute (KRS 342.320) is not helpful to most attorneys with their collection efforts. In fact, the Kentucky Supreme Court recently issued an opinion that greatly narrows the ability for ...

6 Suggested Affordable Care Act Replacement Plans from the Republican Party: A High Level Overview

Republicans have been rolling out their suggestions for replacing Patient Protection and Affordable Care Act (ACA). The number and the differences between the plans show the disparity within the party on how to reverse the direction that ACA is taking the country. Additionally, leaks from the Republican conclave in Philadelphia last month show that the Republicans are nowhere near an agreement, or even a consensus, on a replacement for ACA. The divisions among the Republicans not only include ideas on what the replacement of ACA should be, but on how quickly to repeal the law, how long it should take to phase it out, and whether a replacement needs to be passed at the same time. The Republicans, however, are united around one idea — that there must be some sort of health care reform.

Currently, there are six different plans that are being touted by various senators, representatives and the Republican Party. Two plans, one offered by House Speaker Paul Ryan and the other from Health and Human Services Secretary nominee Tom Price, are expected to be the most important guides to a replacement. Below is a high-level summary of each of those proposals and several other ideas Republicans have suggested in recent months.

The Ryan Plan (“A Better Way”)

Announced in June 2016, Ryan’s plan is a board framework for repealing and replacing ACA that draws from many conservative ideas to reform health care.

Posted in Tax and Finance

Throughout his campaign, President Donald Trump endorsed an aggressive set of tax proposals that, if enacted, would impact nearly every taxpayer in the United States. Under these proposals, both individuals and businesses would reap the rewards of many potential favorable changes, while others would face increased taxes. The proposals have been adjusted from time to time throughout the campaign and the beginning of the President’s term. The following explores the various tax proposals and early actions of President Trump, which could provide a sneak-peak into the framework of the most comprehensive federal tax reform in more than 30 years.

Posted in Litigation

For more than 20 years, the Bingham Fellows program has brought together experienced individuals from across the Louisville community to be a part of an advanced leadership program. This year, Bingham Greenebaum Doll LLP is proud to announce that firm partner Christie A. Moore has been selected to join the Louisville Leadership Center’s Bingham Fellows Class of 2017 as they tackle the topic Winning the Talent of the Future.

Posted in Litigation

The nomination of Judge Neil Gorsuch to the United States Supreme Court has created several questions with respect to the future of securities class actions. In short, Judge Gorsuch’s confirmation may cause a significant decrease in the filing of securities class actions, slowing the recent trend of ever-increasing securities class action litigation.

Posted in Litigation

After the 2016 SCOTUS decision of Spokeo v. Robins (see 136 S. Ct. 1540 (2016)) requiring “concrete injury” to have Article III standing to pursue a claim for a technical violation of the Fair Credit Reporting Act, many defense lawyers handling Telephone Consumer Protection Act (“TCPA”) claims were hopeful that they could use the “concrete injury” test to avoid “technical” violations of the TCPA. 



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