Bulletin on a 6th Circuit decision holding that a defendant's pre-certification offer of complete relief to the class representative does not necessarily moot the class action claims.
The Ohio House of Representatives rejected amendments to H.B. 59, the FY 2014-15 budget bill, made by the Senate. The bill will now be referred to a conference committee.
Members of the H.B. 59 Conference Committee are confirmed.
Bulletin on recently approved applications by the Ohio Power Siting Board for three companies to construct or expand generating facilities in Ohio.
Bulletin on the provisions of H.B. 59, the FY 2014-15 budget bill, as passed by the Ohio Senate.
Bulletin on a 6th Circuit Court of Appeals decision finding that a breach of contract claim for underpayment of royalties was not barred by Ohio's statute of limitations.
On June 4, 2013, the Ohio Supreme Court found that mental health conditions are covered under Ohio workers’ compensation law when they are causally related to compensable physical injuries.
The government’s Health Care Fraud Prevention and Enforcement Action Team (HEAT) has been busy with a lot of False Claims Act activity. This bulletin highlights recent HEAT activities, including over-billing, kickbacks and falsifying records, and the lessons that can be learned.
Bulletin on the tax provisions and changes in the FY 2014-15 Ohio budget as amended by the Senate Finance Committee.
Bulletin on an Ohio Supreme Court case holding that after a judgment entry, including a default judgment, granted decree of foreclosure and order of sale, the foreclosure action cannot be dismissed.
The Ohio BWC approved a $1 billion in workers’ compensation rebates for public and private employers and a 2.1 percent premium base-rate reduction for private employers.
Bricker partner provides the Ohio Senate with background and analysis of Ohio tax reform during budget deliberations.
Update on the Ohio FY 2014-15 budget bill and the substitute version introduced by the Ohio Senate.
Bulletin on an Ohio court of appeals decision discussing the extent of coverage of a business’s commercial general liability insurance policy.
Bulletin on the PJM Interconnection Base Residual Auction for the 2016/2017 Delivery Year, designed to procure capacity reserve for electricity in a least-cost manner.
The Ohio Twelfth Appellate District Court has confirmed that an arbitration clause in one contract document may apply to claims based on other related documents for the same construction project
A primer for construction owners on construction surety bonds.
Bulletin on an Ohio Supreme Court decision finding that the business of residential mortgage servicing is not subject to the Ohio Consumer Sales Practice Act.
Bulletin on the 2012 Alternative Energy Portfolio Status Reports and Ten Year Advanced Benchmark Compliance Plan filed by Ohio utilities with the PUCO.
Bulletin on an updated advisory bulletin from HHS' Office of Inspector General providing guidance regarding the scope and effect of a health care provider’s exclusion from federal health care programs.
Decision of the 6th Ohio Appellate District applying a 2012 Ohio Supreme Court rule on government immunity to failure to upgrade an existing sewer.
Bulletin regarding a 7th Circuit decision on the proper statutory interpretation of damages under the False Claims Act and an update on the Lance Armstrong case.
In light of the recent decision in Phillips v. Philip Morris Companies Inc., class action lawsuits alleging violations of consumer sales and deceptive trade practices laws are likely to become much less popular in Ohio.
On May 14, the Health Care Fraud Prevention and Enforcement Action Team announced a nationwide takedown of 89 individuals for alleged health care fraud schemes.
Bulletin detailing the Ohio statute setting forth a multi-step process to be specifically followed in order to accomplish the merging of the surface and mineral interests.
Significant regulatory changes in Ohio and increased competition present an opportunity for municipalities to secure better electric and natural gas pricing for their constituents.
House Bill 138 has been introduced to make sweeping changes in the operations of the Ohio Board of Tax Appeals (BTA). The bill serves as a response to long-running complaints regarding the operation of the BTA. The proposal would modernize many provisions and bring them into closer alignment with procedures in the state’s trial courts.
Bulletin on the defeat by a federal court of appeals of the NLRB’s rule requiring employers to post a notice of employee union-related rights.
Bulletin on recent jury verdict finding South Carolina's Tuomey Healthcare System in violation of Stark Law and False Claims Act with penalties of at least $39 million.
Bulletin on continued enforcement of health care providers under the False Claims Act.
Bullletin on an Ohio court of appeals decision setting some parameters for when a business may be held liable for the fraudulent conduct of its independent contractors.
Bulletin on an Ohio Supreme Court case interpreting the Ohio statutory apology statute and its application to pending cases.
Bulletin on recent NLRB ruling suggesting language that an employer could use to protect the confidentiality of some of the employer’s investigations.
Bulletin on new criminal background check requirements for certain health care providers.
Bulletin on a proposed $1 billion rebate of workers' compensation premiums to Ohio employers.
A primer for landowners negotiating and signing a natural gas pipeline easement or right of way agreement allowing for the use of the property to install and maintain the pipeline.
Bulletin about a Pennsylvania Supreme Court decision confirming that in land transfers there is a rebuttable presumption that the word “minerals” without further definition was not intended to include oil or natural gas.
The Ohio Bureau of Workers’ Compensation’s Actuarial Committee has proposed for the BWC's May 30 board meeting a 2.1 percent premium reduction to the base rate for private employers, effective July 1, 2013.
Bulletin detailing the revised tax provisions in the Ohio budget bill, including a seven percent reduction in personal income tax, elimination of the expansion of sales tax and removal of the severance tax increase.
President Obama announced the nomination of three individuals to the National Labor Relations Board on April 9, 2013.
Bulletin explaining under what circumstances your organization may be considered a large employer even if you have fewer than 50 employees.
Bulletin on the HHS OIG updated Self-Disclosure Protocol outlining how to voluntarily identify, disclose and resolve instances of potential fraud and abuse involving federal health care programs.
On April 5, 2013, the IRS and Treasury provided additional guidance for 501(c)(3) hospitals conducting community health needs assessments as required by the Affordable Care Act.
Discussion of recent Supreme Court opinion issued in Genesis Healthcare Corp. v. Symczyk.
Bulletin on HHS's final rule to eliminate duplicative data reporting and access requirements between the Healthcare Integrity and Protection Data Bank and the National Practitioner Data Bank.
Bulletin on an Ohio appeals court decision in which the court examined the extent of the parties’ intent when they entered into a contract.
Bulletin on a proposed rule to the Stark law exceptions and the Anti-Kickback safe harbors concerning technology-related items and services for electronic health records.
Bulletin on the continuing review of the state energy efficiency standard by the Ohio Senate Public Utilities Committee.
Bulletin on an FTC legal challenge to a hospital's acquisition of a physician practice group on the grounds that it is anti-competitive.
Bulletin on a Wisconsin federal district court decision holding that ignoring possible billing errors may be enough to support a False Claims Act lawsuit Under the reverse false claims provision of the False Claims Act.
Bulletin on a revised employment eligibility verification form released by the U.S. Citizenship and Immigration Services.
Discussion of the U.S. Supreme Court decision in Comcast Corp. v. Behrend and the application of class certification principles.
Bulletin on extension of the deadline for certain 340B discount drug program participants to comply with the group purchasing organization prohibition.
Bulletin on a district court finding that hospitals that contract with an HMO to provide medical services to federal employees will be subject to affirmative action obligations under Executive Order No. 11246.
On April 9 the Ohio House of Representatives made several major changes to Governor Kasich’s biennial budget bill including removal of both the proposed expansion of the state sales tax to virtually all services, and the proposed increase in oil and gas severance taxes.
Bulletin on a 6th Circuit Court of Appeals decision setting constitutional limits on a school's right to search students' cell phones.
Bulletin on proposed rules from CMS making revisions to the make revisions to the Medicare Conditions of Participation.
Primer on municipal energy aggregation, definition, benefits, formation and outlook.
Bulletin on notices from the Health Resources and Services Administration clarifying existing regulations and indicating future enforcement and regulatory directions of HRSA involving the 340B Drug Pricing Program.
Bulletin on the March warning from the Department of Justice that the False Claims Act applies to equally to all entities receiving government funds.
Legislation pending in Ohio would dramatically alter the state’s sales tax system, and could have a significant impact on entities involved in the real estate industry in the state.
Cautionary reminder about the necessity of precise language in non-compete agreements and separation agreements.
Bulletin on the damages set by an Ohio court owed by the Bureau of Workers' Compensation to a class of Ohio employers.
A wrap-up of several False Claims Act settlements with hospitals and other health care providers in February.
Bulletin on Ohio S.B. 58, a bill to review and possibly modify the energy efficiency, peak demand reduction, and alternative energy resource provisions established by Ohio law governing competitive retail electric service.
Discussion of an Ohio Supreme Court decision clarifying the issue of whether or not a public entity has immunity for claims based on the failure to upgrade an existing sewer.
The Ohio biennial budget must be adopted before July 1, 2013. This bulletin gives some estimated timelines for passage in the two houses of the Ohio General Assembly.
Bulletin on the proposed changes to the Ohio Board of Tax Appeals contained in H.B. 59, the Ohio biennial budget bill.
Discussion of the history of sole source procurement and the potential conflict with competitive bidding requirements in Ohio.
Bulletin on new FMLA regulations on military leave and FMLA eligibility and recordkeeping requirements for flight crew employees.
Bulletin on the oral argument before the Ohio Supreme Court in a case action certification case in which the issue is whether there should be a consideration of merits issues at the class certification stage.
Bulletin on Ohio Senate Bill 47, pending legislation to change the procedures and shorten the timelines for certain nominating and issue petitions.
Bulletin detailing how the sales tax changes in the proposed Ohio budget bill will potentially affect the insurance industry.
Bulletin on new guidance release from the Ohio Ethics Commission regarding gifts and entertainment offered to state employees and public officials.
Bulletin on the proposed changes to the Ohio personal income tax contained in the 2014-2015 biennial budget bill.
Bulletin on the Ohio biennial budget bill and a provision that extends liability for unpaid taxes of an organization to the individual owners, regardless of any culpability on their part.
Bulletin on the government enforcement of the False Claims Act against health care providers and some specific examples of successful enforcement actions.
Discussion of when, if ever, it is safe for an employer who has terminated an employee and authorized a retirement plan distribution to rehire that employee?
Update on the status of the whistleblower's False Claims Act lawsuit filed against Lance Armstrong and Tailwind Sports Corporation.
Bulletin on a recent decision of the U.S. Supreme Court upholding a Federal Trade Commission challenge to the merger of two Georgia hospitals.
Bulletin expanding on the proposed Ohio extension of the sales tax to the service industry in the FY 2014-15 biennial budget bill.
Discussion of Ohio Governor Kasich's February 2013 State of the State Address.
Eighth in a series of bulletins from Bricker & Eckler and INCompliance on the various changes in the January 2013 HIPAA omnibus regulations.
Discussion of Ohio H.B. 458 on the protection of underground utilities.
Discussion of an Ohio Court of Appeals decision that failure to communicate can constitute a breach of contract.
Discussion of an Ohio Court of Appeals decision on the pay-if-paid provision.
Analysis of Final HIPAA Omnibus Rule: Research, GINA, Hybrid Entities and Other Miscellaneous Provisions
Bulletin on an Ohio report analyzing the cost effectiveness of purchasing vehicles that operate on compressed natural gas and the conversion of certain state motor vehicles to operate on CNG.
Bulletin on an Ohio federal district court decision holding that a CERCLA 107 cost recovery action is not available if plaintiffs had a CERCLA 113 contribution action.
Bulletin on guidance from the Ohio Ethics Commission on retiring public employees and their obligations when joining the private sector.
Detailed bulletin on the significant proposed changes in the taxation of oil and gas well operators contained in the H.B. 59, the Ohio FY 2014-15 biennial budget.
Bulletin on Ohio Senator Seitz's recent announcement of his intent to place on the agenda of the Senate Public Utilities Committee a comprehensive review of Ohio’s energy efficiency and renewable portfolio standards.
Bulletin on the new enforcement procedures and penalties contained in the January 2013 omnibus HIPAA regulations.
Bulletin on important mailing address change for CGS Administrators, LLC for incoming Part A Medicare documents from providers in Ohio and Kentucky.
Bulletin on a 9th District Court of Appeals decision confirming the sole and exclusive authority of the Ohio Department of Natural Resources over the regulation of oil and gas well production statewide.
Bulletin on Ohio H.B. 5, proposed legislation to amend the municipal income tax laws.
Bulletin on announcement by the U.S. Department of Justice that it will not challenge a proposal by the Greater New York Hospital Association to offer a gainsharing program to 100 member hospitals in New York.
Bulletin on the services that are proposed for sales tax under Governor Kasich's FY 2014-15 Ohio budget plan.
Discussion of some recent False Claims Act settlements with health providers in early 2013.
Bulletin on the changes in the January 2013 HIPAA regulations dealing with restriction to and access of protected health information.
Discussion of the recently overturned Preble County Court of Common Pleas' decision to certify a class in a highly disputed case pertaining to the water supply for the Village of Camden.
Ohio Governor Kasich has released his FY 2014-15 budget proposal that will cut income taxes, expand the sales tax base, and increase severance taxes on horizontal well drilling.
The January 2013 HIPAA Omnibus Rule will have a significant affect on business associates and business associate agreements.
In February 2013 Ohio Governor John Kasich released the framework for his fiscal year 2014-2015 state biennial budget.
Bulletin on formal guidance from the U.S. Department of Education on school obligations to provide athletic opportunities for students with disabilities.
Bulletin discussing the sample business associate agreement that the Department of Health and Human Services has released following the January 2013 omnibus HIPAA regulations.
Third in a series of bulletins detailing various provisions of the January 2013 omnibus HIPAA privacy, security and breach regulations.
Bulletin on the proposed IRS rules for the employer shared responsibility provisions of the Affordable Care Act by which the employer must offer affordable group health coverage or pay an assessment.
Bulletin on the Affordable Care Act requirement that large employers provide health care coverage for full-time employees.
A round-up of trends and significant developments in litigation involving the False Claims Act during 2012 and early 2013.
Bulletin on the significant changes to the breach notification rule in the January 2013 HIPAA amendments.
Bulletin on the newly released omnibus HIPAA privacy, security and breach regulations.
Bulletin announcing that the U.S. Department of Health and Human Services issued the long-awaited final omnibus HIPAA rule effective in March 2013.
Discussion of the overtime liability that may result from paying certain bonuses to non-exempt employees.
The Ohio Board of Tax Appeals has ruled that a supplemental executive retirement plan was a pension, proceeds from which were specifically exempted from income taxation under the municipal ordinance in question.
Bulletin on Ohio minimum wage increase for 2013.
Bulletin on updating the Fair Credit Reporting Act notice for 2013.
Detailed bulletin on the provisions of Ohio H.B. 510 creating the new new financial institutions tax, as passed in 2012 by the Ohio General Assembly.
Bulletin on a new HHS HIPAA privacy and security initiative providing practical tips on ways to safeguard protected health information when using mobile devices such as laptops, tablets and smartphones.
Although the Ohio General Assembly has corrected a legislative oversight which would have allowed teacher bargaining units to keep the old nonrenewal deadline of April 30th, this old deadline may continue to apply in some districts this school year.
Bricker attorneys provide guidance on oil and gas leases
Discussion of a federal district court case the court ruling on preemption issues pertaining to the Ohio Retail Installment Sales Act and the Ohio Uniform Commercial Code insofar as they pertain to motor vehicle repossession.
Update on the status of the certiorari request in Whirlpool Corporation v. Glazer from the 6th Circuit Court of Appeals.
Discussion of three Ohio Supreme Court cases on the question of whether legal bills belonging to public bodies are public records
Ohio Supreme Court rules on the proper method of calculating the civil penalty against an industrial facility for non-compliance with the terms of its air pollution control permit
The Ohio Supreme Court has found that the commercial activity tax is unconstitutionally applied to gross receipts derived from motor fuel activities.
Bulletin on recently released draft rules from the PUCO aimed at updating regulations regarding electric companies; including amendments to the state’s existing net metering rules.
Bulletin on an Ohio Supreme Court decision limiting an injured worker's ability to sustain an intentional tort claim when there is no showing of a deliberate intention by the employer to remove a safety guard from a piece of equipment.
Discussion of pending U.S. Supreme Court case to decide whether a class representative may continue to pursue a class action where the defendant offers to fully satisfy the class representative’s claims.
The Ohio Supreme Court recently ruled in a 4-3 decision that the state apportionment board’s 2011 redrawing of legislative districts for the Ohio General Assembly is constitutional.
With nonprofits looking to generate alternative sources of revenue, they need to be aware of the IRS’ increased application of the “commerciality doctrine.”
On Cyber Monday, how secure is the personal information you share with website? A review and analysis of administrative and judicial reports and cases.
Discussion of a case illustrating why nationwide classes based purely on state law claims can be ill-suited for aggregated treatment.
Article quoting Bricker & Eckler partner Bobbie Sprader reprinted with permission from Physician Risk Management Newsletter for November 2012.
Bulletin on Advanced Energy Economy's October report on Ohio energy efficiency research, pilot testing and commercial activity.
Bulletin on an Ohio Supreme Court decision resolving a conflict among appellate courts and holding that lack of standing requires dismissal of a foreclosure action.
Ohio Attorney General Mike DeWine has rejected a petition filed by Ohioans for Ohio seeking to place on the Ohio statewide ballot an amendment to the Ohio Constitution.
Bulletin on a federal district court decision finding that a putative class action against MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc. for failure to record mortgage assignments survives Rule 12(b)(6) dismissal.
Discussion and recap of all of the election results from Ohio for statewide and national candidates and issues.
Discussion of how to avoid a lawsuit when replacing long-term injured workers.
Discussion of Road Use Maintenance Agreements (RUMAs) which have become fashionable as of late with the influx of companies into the state of Ohio developing wind energy and gas and oil projects.
A primer on the many types of insurance coverage available to the construction industry.
Update on several recent legislative and administrative changes affecting the Ohio construction industry.
Review of recent judicial activity involving construction claims.
Bulletin on an Ohio court of appeals decision finding that an entity must own the property on the date on which a request for a tax exemption is filed.
Bulletin on an Ohio Supreme Court decision providing guidance on the evidence necessary to support a claim that employment might be exempt from taxation because the employees were “permanently assigned” to the consumer.
Bulletin on a federal court decision concluding that a health care provider cannot challenge a Medicare Recovery Audit Contractor’s decision to reopen a Medicare claim.
Bulletin on the IRS review of tax-exempt hospitals for compliance with the community benefit standard.
The IRS is giving employers until December 31, 2012 to correct a potential violation of Section 409A frequently found in severance agreements and other similar arrangements.
Bulletin on new website designed to assist Ohio residents who are preparing and applying for jobs in the energy sector by linking Ohioans with specific education resources and job training, as well as employment opportunities.
Bulletin on the successful challenge of the Ohio long-term care bed tax by 15 nursing facilities.
Presentations from the October 11 Energy Exchange on PACE financing, cogeneration and natural gas gathering lines.
Bulletin on the NLRB ruling on the legality of terminating an employee for Facebook postings
Discussion of House Bill 487 and changes to Ohio's certificate of need laws for long-term care.
Discussion of a recent 9th Circuit Court of Appeals decision that calls to task the unethical behavior of a class action counsel.
The U.S. Supreme Court has accepted three class action cases — each of which could have a substantial effect on class action jurisprudence in Ohio and federal courts.
As of August 12, 2012, larger school "booster clubs" must now register as charitable trusts with the Ohio Attorney General.
Discussion of the September 27, 2012 inaugural meeting of the Consumer Advisory Board of the new Consumer Financial Protection Bureau.
Bulletin on the possible 7.6 percent reduction of payments to issuers of subsidy bonds after if Congress does not enact necessary legislation.
Ohio Employers Could be Entitled to Refunds on Certain FICA Taxes
Ohio Supreme Court decision providing narrow exception to the 90-day period from "discharge" for an employee to to give an employer a written notice of a workers’ compensation retaliatory discharge claim.
The PUCO to review whether FirstEnergy Corp. exceeded the three percent "cost cap" contained in Ohio's renewable energy portfolio standard.
August 2012 presentation on permissible Ohio and federal corporate campaign contributions and other political activities.
Bulletin on an Ohio Supreme Court decision denying the Taxpayers for Westerville Schools’ request to compel the Board of Elections to place a levy repeal initiative on the November 6 ballot.
Bulletin advising Ohio employers, including hospitals, that they may be eligible to claim a refund of FICA taxes paid on severance payments made to laid off employees.
Bulletin on school district compliance with the IRS Universal Availability rule for 403(b) plans.
Discussion of a class action suit barred by New Jersey’s entire controversy doctrine requiring parties to bring all claims relevant to the underlying controversy in one legal action.
Discussion of employer options under the FMLA and ADA and the required interactive process for determining work capabilities.
Discussion of the cy pres doctrine in class action lawsuits and a recent federal district court case striking down a cy pres provision in an agreed case action settlement.
Discussion of a pending U.S. Supreme Court concerning the Class Action Fairness Act jurisdictional threshold and stipulated damages.
Bulletin on the AEP-Ohio's electric security plan approved by the PUCO with modifications and setting the prices, terms and conditions of default service through June 1, 2015.
Bulletin detailing a trio of recent court decisions holding the U.S. EPA in check on an expansive view of its regulatory powers.
Discussion of a federal district court case ordering the class action plaintiffs to pay, in advance, the whole cost of the discovery they seek prior to class certification.
Bulletin on the final CMS regulations specifying the criteria that eligible professionals, hospitals and critical access hospitals must meet in order to qualify for Medicare and/or Medicaid Stage 2 EHR incentive payments.
Bulletin on the Medicare prepayment review demonstration project scheduled to begin on August 27, 2012
Bulletin on an FTC proceeding and proposed consent order requiring a return to competition in a cardiology market after a hospital system acquired 88% of the area cardiologists.
On-bill repayment” is a legislative initiative that may be gaining momentum in Ohio and is a method for financing energy efficiency and renewable electricity generation projects through a homeowner’s or business owner’s monthly utility bills.
Bulletin on the first quarter Ohio casino revenues, 34% of which is to be distributed to Ohio school districts.
Routinely asking complaining employees not to discuss the matter with coworkers during an internal investigation may violate Section 8(a)(1) of the National Labor Relations Act.
Review of the Consumer Financial Protection Bureau's end of first year semi-annual report.
Discussion of the hazards of misclassification of employee as exempt from overtime pay under the Fair Labor Standards Act.
In a world where iPhone apps, text messaging and tweets allow for instantaneous communication and collaboration, the same is now available in the construction industry. Welcome to Building Information Modeling (or BIM for short).
Bulletin on an Ohio legislative panel preparing two reports on the use of anaerobic digesters in Ohio that could lead to legislative and regulatory changes to promote the technology.
Discussion of what retirement plan sponsors should do under the Department of Labor service provider disclosure rules passed on July 1.
Bulletin on a False Claims Act settlement involving medically unnecessary services and upcoding.
Bulletin on the new Medicare Conditions of Participation for Hospitals effective on July 16, 2012.
Discussion of Ohio H.B. 487 and some major changes affecting physicians and allied health professionals that will take effect on September 9, 2012.
Bulletin on the GlaxoSmithKline settlement to resolve its criminal and civil liability for off-label promotion of several drugs, failure to report safety data, and false price reporting practices.
Bulletin on the U.S. Supreme Court decision upholding the Affordable Care Act.
Update on HIPAA compliance audits to be conducted by the Office of Civil Rights of the U.S. Department of Health and Human Services.
The U.S. Supreme Court Supreme Court will hear a case that may provide better guidance as to how broadly a state can act to authorize political subdivisions to govern the delivery of health care services within a particular community or political subdivision with such action being exempt from the antitrust laws.
One year after the Supreme Court’s decision in Wal-Mart v. Dukes, legislation intended to reverse the impact of Dukes on class certification decisions in employment discrimination cases brought in federal court has been introduced.
Bulletin announcing delay in promulgation of final HIPAA privacy, security, enforcement and breach notification regulations.
Bulletin on the NLRB's new website to assist employees in understanding what constitutes protected concerted activity under the National Labor Relations Act.
Ohio GFOA Governmental Energy Aggregation Webinar
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Cincinnati Construction Luncheon Series: Comparison of Single Prime, CMAR and Design-Build Delivery Models
John F. Birath, Jr.
Office: Columbus Position: Partner
Phone: 614.227.2325 Fax: 614.227.2390 Email: jbirath@bricker.com