Religious Land Use Law Could Affect Local Zoning Codes
May 2008 |
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Bulletin on the Religious Land
Use and Institutionalized Persons Act of 2000 and its impact on local land use regulations.
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CMS Proposes Stark Changes In FY 2009 IPPS Rule Including “Stand in the Shoes”and DFRR
April 2008 |
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Bulletin on proposed changes to the Stark law contained in the inpatient prospective payment system updates for fiscal year 2009.
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Tax-Exempt 501(c)(3) Bonds and IRS Form 990 Redesign: Act Now to Avoid Pitfalls Later
March 13, 2008 |
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Bulletin on the IRS Form 990 redesign and the impact of Schedule K on hospitals with tax-exempt bonds.
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IRS Issues Revised Good Governance Practices for 501(c)(3) Organizations
March 2008 |
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Bulletin on the revised IRS good governance practices for charitable organizations.
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The Nonprofit Advocate - January 2008
January 2008 |
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News and information for nonprofit organizations including a discussion of the 2008 Exempt Organizations Implementing Guidelines issued by the IRS.
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The Nonprofit Advocate - December 2007
December 2007 |
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News and information for nonprofit organizations, including an update on Ohio's proposed pregnancy leave rule.
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Human Resources Bulletin: The Facts About the Ohio Healthy Families Act
December 2007 |
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Information on and a series of questions and answers on the proposed Ohio mandatory leave initative.
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The Nonprofit Advocate - November 2007
November 2007 |
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News and information of interest to nonprofit businesses, including the FIN 48 guidance delay.
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Physician Assistant Rules Finalized
November 2007 |
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Bulletin on the Ohio State Medical Board final physician assistant rules which include the process for a physician assistant to apply for a certificate to prescribe.
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Human Resources Bulletin: Another Benefit of a Company Email Policy
November 2007 |
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Bulletin on court decision finding that a
physician’s e-mails to his personal attorney on
the hospital-employer’s computer system were
not privileged.
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The Nonprofit Advocate - October 2007
October 2007 |
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News and information of interest to nonprofit organizations, including a Form 990 update.
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CMS Issues Revised Stark Audit Survey - Will Be Sent to Hospitals in November
October 2007 |
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Bulletin on the revised Disclosure of Financial Relationships Report issued by CMS to survey hospital compliance with the Stark physician anti-referral laws.
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OIG Issues Advisory Opinion on Payment for Call Coverage
October 2007 |
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Bulletin on an advisory opinion from the HHS Inspector General on whether a hospital’s payments to physicians in exchange for call coverage and uncompensated inpatient follow-up care violate the federal anti-kickback statute.
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IRS Revenue Ruling Reminds Charities of Prohibition on Election Activity
October 2007 |
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Bulletin on IRS revenue ruling reminding
501(c)(3) organizations of the prohibition on
partisan activity by charitable organizations.
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CMS Issues "Phase III" Stark Regulations
August 2007 |
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Bulletin highlighting the major changes and clarifications in Stark III which will become effective on December 4, 2007.
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IRS Begins Post-Issuance Compliance Initiative for Qualified 501(c)(3) Bond Issues
August 2007 |
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Bulletin discussing post-issuance requirements relating to the federal tax exemption of interest on Qualified 501(c)(3) Bonds issued on behalf of section 501(c)(3) organizations.
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Ohio Supreme Court Rebuffs Effort to Narrow Charitable Use Property Exemption
August 2007 |
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Bulletin on Ohio Supreme Court decision affirming a decision of the Board of Tax Appeals that upheld a real property tax exemption for the administrative offices of a community health services organization.
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Two Deadlines Are Approaching For all Tax-Exempt and Government Employers
August 2007 |
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Bulletin on the approach of two important deadlines for all tax-exempt and government employers regarding deferred compensation plans.
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Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007 |
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Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions.
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CMS’ Proposed Revisions to CY 2008 Physician Fee Schedule Include Stark and Payment Changes Aimed at Curbing Fraud and Abuse
July 2007 |
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Bulletin discussing the proposed fraud and abuse prevention provisions of the Center for Medicare & Medicaid Services' annual physician fee schedule regulations.
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Federal Minimum Wage Increase Effective July 24, 2007: What Does This Mean For Ohio Employers?
July 2007 |
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Bulletin highlighting the important features of the 2007 federal minimum wage increase.
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Human Resources Bulletin: Sixth Circuit Rules That Hours That Are Paid, But Not Actually Worked, Do Not Count Toward FMLA Eligibility
July 2007 |
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Bulletin on Mutchler v. Dunlap Memorial
Hospital in which the 6th Circuit Court of Appeals held that employers that pay employees for more hours than they actually work are not required to count the non-work hours in determining an employee’s eligibility for leave under the Family Medical Leave Act.
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The Joint Commission MS.1.20: The Down and Dirty
July 2007 |
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Bulletin discussing The Joint Commission's medical staff standard MS.1.20 designed to strenghten the authority and accountability of the medical staff.
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Are Your Physician Contracts Stark Compliant? CMS is About To Find Out
July 2007 |
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Bulletin on the mandatory hospital Disclosure
of Financial Relationships Report survey from CMS.
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Human Resources Bulletin: Home Healthcare Workers Exempt From Overtime and Minimum Wage Laws
June 2007 |
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Bulletin on a June 2007 U.S. Supreme Court decision affecting compensation of home health care workers by upholding a Department of Labor regulation exempting these employees from overtime and minimum wage laws.
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Ohio State Medical Board Regulations Are Not Always As They Appear To Be
June 2007 |
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Bulletin discussion interpretation of rules dealing with physicians departing a group practice and the scope of practice for anesthesia assistants.
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IRS Announces Comprehensive Bond Compliance Survey of Charities
June 2007 |
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Bulletin on the Internal Revenue Service's recently announced second major audit initiative focusing on qualified
501(c)(3) bonds issued on behalf of tax-exempt organizations.
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Brickerconstructionlaw.com Newsletter - May 2007
May 2007 |
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Our third annual Hospital Construction issue examines a case study of a hospital built for safety.
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IRS Says Tax Exempt Hospitals May Provide Electronic Health Records Technology to Physicians Under Certain Conditions
May 2007 |
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Bulletin on an IRS memorandum providing guidance on the provision of electronic
health records technology by hospitals to physicians.
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IRS Issues Report on Exempt Organization Compensation
April 2007 |
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Bulletin on the 2007 IRS report on charitable organizational executive compensation finding significant noncompliance.
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The Nonprofit Advocate -- March 2007
March 2007 |
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News and information of interest to nonprofit organizations.
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The Nonprofit Advocate -- February 2007
February 2007 |
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News and information of interest to nonprofit organizations, including update on IRS exempt organization compensation report.
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Employment Bulletin: EEOC Publishes Fact Sheet on Application of ADA to Health Care Employees and Job Applicants
February 2007 |
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Announcement of a series of questions and answers from the Equal Employment Opportunity Commission on how the Americans with Disabilities Act applies to job applicants and employees in the health care industry.
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Ohio State Medical Board Issues A New Rule Governing Termination of the Physician-Patient Relationship
February 2007 |
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Bulletin on Medical Board rule establishing requirements and exceptions for termination
of the physician-patient relationship by physicians, including detailed steps for a physician closing a practice.
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IRS Releases Suggested Guidelines for Tax-Exempts
February 2007 |
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Bulletin on newly released IRS model guidelines for the goverance of 501(c)(3) organizations
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Employment Bulletin: SEIU Seeks to Organize Nine Million Health Care Employees
February 2007 |
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Bulletin on the Service Employees International
Union January 29, 2007 announcement of the formation of a national health
care union.
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The Nonprofit Advocate - January 2007
January 2007 |
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News and information of interest to nonprofit organizations, including update on Ohio Supreme Court case on public records.
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Employment Bulletin: Ohio's New Minimum Wage and Record-Keeping Requirements: What Employers Need to Know
January 2007 |
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Background information and a series of questions and answers, updated January 3, 2007, on the new Ohio minimum wage and record-keeping constitutional amendment and law.
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Public Records Legislation Requires Training
January 2007 |
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Bulletin on a new Ohio law establishing new procedures by which public agencies must respond to requests for public records.
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Reminder to Hospitals to File CMS 855 For Changes to Board Membership
January 2007 |
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Reminder that the new Medicare provider enrollment rules require hospitals to notify the Centers for Medicare & Medicaid Services of any changes in the membership of the Board of Trustees or executive officers.
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Government Contractors Beware: Political Contributions Could Cost You Business
January 2007 |
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Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors. The bill was signed by the Governor on January 2, 2007.
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The Nonprofit Advocate -- December 2006
December 2006 |
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News and information of interest to nonprofit organizations.
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Employment Bulletin: Legislation Implementing Ohio’s New Minimum Wage Amendment Passed
December 2006 |
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Bulletin on Ohio H.B. 690, passed the Ohio General Assembly and was signed into law by the Governor in December 2006, to implement the minimum wage constitutional amendment.
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When to Blow the Whistle--Wiith Respect to a Private Organization
December 2006 |
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Guidance on when someone may be legally required to blow the whistle on irregularities within a private organization.
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CMS Issues New Rules on Use of Restraints
December 2006 |
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Bulletin on new patient restraint requirements in the Medicare Hospital Conditions of Participation.
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Thompson Appeal Decided in Favor of MR/DD Boards
December 2006 |
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Bulletin on the decision of the Franklin Court of Appeal upholding county MR/DD boards role in administering the Medicaid waiver program, including through the use of service contracts.
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The Nonprofit Advocate -- November 2006
November 2006 |
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News and information for nonprofit organizations, including IRS guidance on employer-provided fringe benefits.
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CMS Finalizes Revisions to Hospital Conditions of Participation
November 2006 |
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Bulletin on final changes to the Hospital Conditions of Participation regarding history and physical examinations; authentication of verbal orders; securing medications;
and postanesthesia evaluations
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Ohio's Smoke Free Workplace Act: What Businesses Need to Know
November 2006 |
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Bulletin Ohio's new Smoke-Free Workplace Act, passed by the voters on November 7, 2006 and establishing a statewide smoking ban that applies to almost every public place and business.
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Ohio Supreme Court Sets New Test for Determining Whether a Private Entity is Subject to Public Records Laws
October 2006 |
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The Ohio Supreme Court recently announced a new standard for determining whether a private entity is a public institution for purposes of application of the public records law.
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Employment Bulletin: NLRB Expands Definition of Supervisor
October 2006 |
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Bulletin discussing recent landmark rulings in which the NLRB sets forth long-awaited guidelines that expand the definition of a "supervisor" under the National Labor Relations Act.
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Lobbying Activity By Nonprofit Corporations: Benefits of 501(H) Election
September 2006 |
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"Lobbying" v. "Partisan Political Activity". Understanding the critical difference can protect the tax exempt status of non-profit corporations. Read about available options in federal tax law to protect your 501(c)(3) tax exempt status while you safely participate in lobbing activity.
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OIG and CMS Issue New Safe Harbors and Stark Exceptions on Electronic Prescribing and Electronic Records Systems
August 2006 |
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On August 8 the Centers for Medicare and Medicaid Services and the Office of Inspector General released final rules establishing protections for certain arrangements involving the donation of items and services used in electronic prescription systems and electronic health records systems.
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The Nonprofit Advocate -- July 2006
July 2006 |
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News and information of interest to nonprofit organizations, including updated information on the charitable organization rules proposed by the Ohio Attorney General.
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Ohio Attorney General Issues Proposed Rules on Charitable Transparency
June 2006 |
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Bulletin on a 46-page set of proposed rules, released June 29, 2006 by the Ohio Attorney General, calling for nonprofit hospitals and other Ohio charities to adopt various policies and provide significant amounts of information to the state concerning their activities.
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The Nonprofit Advocate - June 2006
June 2006 |
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News and information of interest to nonprofit businesses and corporations.
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New Physician Assistant Law Goes Into Effect
June 2006 |
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Review of Ohio Senate Bill 154 which amends the Ohio physician assistant law
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IRS Begins Hospital Community Benefit Inquiries
June 2006 |
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Bulletin on the IRS initiative to check tax exempt hospitals' compliance with the "community benefit" standard.
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IRS Begins Community Benefit Inquiries - Hospitals Contacted
June 2006 |
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Article discussing IRS initiative in which up to 600 tax-exempt hospitals may soon begin receiving inquiries from the IRS focusing on their compliance with the "community benefit standard" for tax-exemption.
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Ohio Tax Decision May Have Major Impact on Charity Care Standards for Hospital Real Property Tax Exemptions
June 2006 |
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Bulletin on a decision by the Ohio Board of Tax Appeals which dealt the Tax Commissioner a partial defeat in his attempts to narrow the scope of the charitable use exemption from real property taxes.
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The Nonprofit Advocate - May 2006
May 2006 |
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News and information of interest to nonprofit organizations.
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ohioconstructionlaw.com Newsletter - May 2006
May 2006 |
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This month's issue focuses on healthcare construction.
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IRS Announces Targeted Audits of Qualified 501(c)(3) Bonds With Window to Correct Post-Issuance Failures
May 2006 |
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Bulletin on a major IRS income tax audit initiative, focusing on post-issuance compliance, targeting qualified 501(c)(3) bonds issued on behalf of tax-exempt hospitals, housing agencies and other nonprofit organizations engaging in economic development.
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CMS Rules Create New Filing Requirements for Hospitals and Providers
April 2006 |
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Bulletin on final CMS rules for Medicare enrollment of hospitals and other providers, including new on-going filing responsibilities.
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Status Update of Ohio Public Records Cases
April 2006 |
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Bulletin on two recent Ohio Supreme Court cases dealing with what constitutes a public record in Ohio and when release is proper.
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The Nonprofit Advocate - March 2006
March 2006 |
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News and information of interest to nonprofit organizations.
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The Nonprofit Advocate - February 2006
February 2006 |
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News and information of interest to nonprofit organizations.
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Ohio's New Physician Assistant Law
February 2006 |
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Bulletin summarizing Ohio Senate Bill 154 which amends the Ohio physician assistant law and will become effective in the spring of 2006
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The Nonprofit Advocate - January 2006
January 2006 |
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News, updates and information for nonprofit organizations.
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New Definition of Nonprofit for CAT Purposes May Impact Hospitals, Pension Plans
December 2005 |
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Bulletin discussing the applicability of the new Ohio commercial activity tax to nonprofit health care organizations.
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The Nonprofit Advocate - November 2005
November 2005 |
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News and updates for nonprofit organizations, including updates on deferred compensation plans.
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Hospitals Should Review Deferred Compensation Plans
November 2005 |
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Executive compensation may be affected by IRS code section effective January 2005.
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Status Report of Ohio Public Records Cases
October 2005 |
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What is and is not a public record in Ohio and available for disclosure has been the subject of several court cases. This report provides an update of pending and resolved cases.
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The Nonprofit Advocate - September 2005
September 2005 |
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News and updates for nonprofit organizations, including information on amendments to Ohio's nonprofit corporation statutes.
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An Overview of Ohio Ethics Laws: A Corporate Guide for Entertaining Public Officials
September 2005 |
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The Bricker & Eckler government relations attorneys have prepared this bulletin as a compliance guide to the Ohio ethics laws on public official entertainment.
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Employment Bulletin: Recent Development Regarding Breast Feeding in Public Places
September 2005 |
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Bulletin on new Ohio law regarding breast feeding in public places and at the workplace.
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The Nonprofit Advocate - August 2005
August 2005 |
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News and information for nonprofit organizations, including information on Ohio CAT tax.
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Patient Safety & Quality Improvement Act of 2005: Impending Regulations Key to New Law
August 2005 |
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Bulletin discussing the Patient Safety & Quality Improvement Act designed to create a national patient safety center to address medical errors.
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The Nonprofit Advocate - June 2005
June 2005 |
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News and updates for our nonprofit clients, including IRS activity.
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ohioconstructionlaw.com Newsletter - May 2005
May 2005 |
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This month's issue focuses on health care construction.
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The Nonprofit Advocate - May 2005
May 2005 |
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News and updates of interest to nonprofit organizations.
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The Nonprofit Advocate - April 2005
May 2005 |
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News and updates of interest to nonprofit organizations, including information on U.S. Senate hearings on oversight of tax-exempt organizations.
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Hospitals Must Be Aware of New Credit Information Disclosure Rule
May 2005 |
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Bulletin on a new federal rule, effective June 1, 2005, affecting the way hospitals and many other businesses dispose of consumer credit information.
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JCAHO Requires Updates To All H & Ps Done Prior to Admission
March 2005 |
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Bulletin on the JCAHO new interpretation of the history and physical documentation requirements.
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The Nonprofit Advocate - February 2005
February 2005 |
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News and updates of interest to nonprofit organizations.
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OIG Approves Gainsharing Arrangement - More Opinions On the Way
February 2005 |
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Discussion of February 2005 advisory opinion from the HHS Office of Inspector General permitting a limited gainsharing arrangement.
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The Nonprofit Advocate - January 2005
January 2005 |
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Newsletter with news and updates of interest to our nonprofit organization clients, including IRS information.
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Bylaws and Manuals and Rules, Oh My!
January 2005 |
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Bulletin discussing JCAHO's interpretation of what medical staff documentation can be in the bylaws and in supplemental material.
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OIG Releases New Advisory Opinion on Malpractice Insurance Subsidies
January 2005 |
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Bulletin regarding January 6, 2005 OIG Advisory Opinion which addressed a hospital providing a medical malpractice insurance subsidy to physicians.
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Comprehensive Tort Reform
January 2005 |
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Winter 2004/2005 edition of Insurance In Focus, analyzing Am. Sub. S.B. 80, Ohio's comprehensive tort reform legislation, passed in the Ohio General Assembly in 2004.
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Employment Bulletin: Employers May Be Able to Use Employment Applications to Limit the Time Period During Which an Employee Can Bring Suit
December 2004 |
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Discussion of 6th Circuit Court of Appeals decision permitting a shortened civil lawsuit statute of limitations when included in a signed employment application.
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Employment Bulletin: Workers' Compensation Intentional Tort Bill Passed
December 2004 |
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Bulletin on Ohio HB 498 which requires an intentional tort plaintiff employee to prove that the employer acted with intent to injure.
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Employment Bulletin: Discrimination Based on Sexual Stereotyping of Transsexuals or Homosexuals - A New Basis for Employment Liability
December 2004 |
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Bulletin discussing a 6th Circuit Court of Appeals decision holding that a transsexual male employee may maintain a claim for sexual discrimination.
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JCAHO Special Release Affects How Hospitals Organize Medical Staff Bylaws and Manuals
October 2004 |
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Bulletin on September 2004 Special Release Joint Commission Perspectives announcing changes to Hospital Accreditation Standard MS.1.20, dealing with related documents to supplement medical staff bylaws.
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The Nonprofit Advocate - October 2004
October 2004 |
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Bulletin updating some recent developments, including passage of American Jobs Creation Act, Section 527 disclosure requirements, and IRS approval of donor managed investment accounts.
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The Nonprofit Advocate - September 2004
September 2004 |
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Bulletin discussing IRS guidelines on when issue campaigns will be considered non-taxable lobbying or taxable political activities.
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Government Initiatives Take Aim at Corporate Governance and Executive Compensation of Exempt Organizations
August 2004 |
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Bulletin describing the heightened scrutiny of tax-exempt health care organizations by the IRS.
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Employment Bulletin: What Employers Need to Know About the New Wage and Hour Regulations
August 2004 |
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Bulletin discussing the new regulations concerning the exempt status of executive, administrative, professional and other "white-collar" employees under the Fair Labor Standards Act ("FLSA").
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Coming Clean Under EPA's Audit Policy
May 2004 |
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An environmental compliance bulletin for hospitals on the value of a compliance audit and the adoption of the "Audit Policy" by the U.S. EPA.
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Ancillary Joint Ventures With For-Profit Entities
May 2004 |
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Bulletin on June 1, 2004 IRS Revenue Ruling on the tax consequences to a tax-exempt organization arising from participation in an "ancillary" joint venture with a for-profit entity.
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The Rules Governing Faxed Communications, Newsletters and Advertising Are About to Change
May 2004 |
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Bulletin discussing new federal rules governing faxed communications, newsletters, and advertisements by corporations and associations that contact existing or potential customers or members.
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Are You Ready to Comply With Stark?
March 2004 |
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Bulletin discussing and analyzing the March 26, 2004 Stark anti-referral Phase II Stark regulations.
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Federal Appeals Court Affirms IRS Requirements for Non-Profit Control of Joint Ventures
November 2003 |
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Bulletin discussing St. David's Health Care System v. United States on nonprofit control of joint ventures.
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2004 JCAHO Standard: Be Sure to Read the Fine Print
October 2003 |
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Discussion of the 2004 JCAHO standards and three issues for comment.
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50/50 Joint Ventures: A Benefit to Health Systems
July 21, 2003 |
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Bulletin discussing favorable IRS determinations on the tax-exempt status of a nonprofit organization participating in a joint venture with a for-profit entity.
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Reconstructing a Building That Never Closes - The Challenge to Hospitals
March 2003 |
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Article reprinted from ohioconstructionlaw.com dealing with the challenge involved in reconstructing hospital buildings that are always open and in use.
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ohioconstructionlaw.com - February 2003
February 2003 |
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This month's issue highlights a discussion of hospital renovation and the challenge of reconstructing a building that never closes. Other features include an article on energy choice in Ohio and Holman, Gillis and Wampler on Protecting the Work.
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Tort Reform Legislation Passes
January 2003 |
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Bulletin for Ohio health care providers on the passage of Senate Bill 120 dealing with a modification of joint and several liability and Senate Bill 281 concerning non-economic damage caps. This is a revised bulletin, the previously mailed version had inadvertently listed an incorrect signing date for S.B. 120 and S.B. 281.
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Working With Your Local Law Enforcement Agency: Drug/Alcohol Testing
September 2002 |
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Bulletin for health care providers on the ability of law enforcement officials to demand drug/alcohol testing and/or results and issues of patient privacy and consent.
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Status Report on Ohio After Deregulation From Certificate of Need
Updated June 2000 |
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This article, updated in June 2000, discusses the development of health care facilities and services in Ohio after the deregulation of certificate of need in 1995.
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