Discussion of the differences between the general contracting, construction manager at risk and construction manager as agent models for public owners.
Update on Ohio Bureau of Workers' Compensation lawsuit alleging the BWC overcharged non-group businesses by $860 million.
Bulletin on the impact of legally imposed designations - such as being a part of federally proectected wetlands - on the land value.
Bulletin on a recent False Claims Act suit involving a Medicaid managed care organization and its network.
Bulletin on camapign activity for the first 15 months of the election, according to a recently released summary by The Federal Election Commission (FEC).
Bulletin on the Ohio Ethics Commission's investigative activity in the July/August 2014 edition of its publication, “The Voice of Ethics.”
Bulletin on the OIG's proposed rule that would amend the civil monetary penalty rules.
Bulletin on a proposed CMS rule to revise the requirement for physician certification of hospital inpatient services.
Bulletin explaining the two dynamics are creating a promising environment for investment in natural gas-fired generation in Ohio and detailing the progress of three certified natural gas-fired plants in Ohio.
Bulletin descibing the political activities 501(c)(3) organizations can and can’t take part in.
How much must public employees report and reimburse for tickets to charitable events under Ohio ethics laws? This bulletin explains.
Bulletin detailing the federal and state “pay-to-play” laws that impose sanctions on contractors that make certain political contributions.
The Republican National Committee named Cleveland the host city for the 2016 convention, the first time Ohio will host the convention since 1936.
CMS has released an interactive decision tool to guide users through potential 2014 CEHRT participation options.
Update on an Ohio Bureau of Workers' Compensation appeal in San Allen v. Buehrer, a class action lawsuit alleging the BWC overcharged non-group businesses by $860 million.
A review of False Claims Act settlements and case developments of interest in June 2014.
Bulletin on a HIPAA settlement penalty for leaving thousands of unattended medical records in a public place.
Bulletin on changes made by the Engineers Joint Contract Documents Committee to the 2007 EJCDC C-700 General Conditions
Bulletin on new administrative rules to increase the significance of an evaluation committee’s decision for public owners in Ohio during the best value selection process for design-build and construction manager at-risk contracts.
Bulletin on an Ohio Court of Appeals decision holding that a warranty disclaimer may not always protect in an action for contribution.
Bulletin on June 23 U.S. Supreme court ruling on greenhouse gas regulations under the Clean Air Act.
The U.S. Supreme court recently issued a ruling invalidating recess appointments made to the NLRB by President Obama in 2012.
A bulletin on the Office of Inspector General's proposed rule expanding its authority to exclude individuals from federal health care programs.
Bulletin describing the variety of tax changes contained in H.B. 483 recently signed by Ohio Governor Kasich.
Bulletin regarding a recent California federal court decision that determined ballot issue petition proponents cannot be required to disclose their identities on the face of initiative petitions.
Bulletin on the Department of Labor's announcement for a Notice of Proposed Rulemaking with regard to the FMLA's definition of spouse.
Bulletin on the rules preventing schools or other political subdivisions from using public funds or resources to support levy or ballot issues.
The Department of Health and Human Services has released a HIPAA privacy and security breach report and a compliance report to Congress for the years 2011 and 2012.
Bulletin about the debate over Senate Bill 310 and the ways this bill has shown how Ohio’s energy landscape is also driven by outcomes and policies at the regional and federal levels.
Bulletin on Ohio Sub. H.B. 289 that imposes limitations on the use of joint economic development zones and establishes municipal utility districts for economic development purposes.
A review of False Claims Act cases of interest in May 2014.
Discussion of the Third Circuit’s decision in .Carrera v. Bayer Healthcare Corp. regarding the ascertainability requirement in class certification.
Bulletin on H.B. 539 and its potential to reduce workers' compensation costs for Ohio employers.
Bulletin on the Ohio Supreme Court's recently reconsidered decision that the Board of Tax Appeals (BTA) must determine value independently rather than revert to the county auditor's value when other evidence places the value in question.
Bulletin explaining Ohio House Bill 494 authorizing the creation of Regional Transportation Improvement Projects, a new vehicle to promote economic development and infrastructure improvement.
Bulletin on the Ohio Supreme Court's 6-1 decision overturning long-standing BTA precedent that the price paid to acquire property more than 24 months prior to the tax lien date gives rise to a rebuttable presumption of value.
Proposed federal rule providing certain health professionals and hospitals with more flexibility in how use certified electronic health record technology to meaningful use standards.
Bulletin on new CMS guidance for the registration and attestation system for meaningful use attestation.
Bulletin on new changes to the Medicare Conditions of Participation affecting medical staff, governing boards and certain operational areas of the health care facility.
A bulletin on the revised Centers for Medicare & Medicaid Services Conditions of Participation related to the relationship between a hospital and its medical staff
Bulletin about the plea deal registered lobbyist John Rabenold took after being charged with two counts of filing a false legislative agent activity and expenditure report.
Bulletin about PJM Interconnection’s Base Residual Auction for the 2017/2018 delivery year, which begins on May 12, 2014. This year, an independent report by a market monitor raised concerns regarding the capacity market.
A bulletin on the recent HHS announcement of the largest settlement to date for alleged HIPAA violations.
Bulletin on the Centers for Medicare and Medicaid Services proposed rule for the 2015 FY with updates and other payment-related changes for inpatient hospital services and long-term care hospital services.
Bulletin reviewing the updated severance tax proposal currently before the Ohio House of Representatives’ Ways and Means Committee.
Review of the FTC challenges to and court decisions of a hospital acquisition by ProMedica Health System in Ohio and a physician practice acquisition by St. Luke’s Health System in Idaho.
Bulletin on H.B. 123 revising and clarifying Ohio's peer review statute.
An update on several health care companies across the country that recently settled False Claims Act allegations from whistleblowers.
An overview of the IRS final regulations of the employer shared responsibility provisions of the Affordable Care Act.
Bulletin on administering transitional work programs and light-duty offers to reduce indirect costs related to workplace injuries.
Bulletin about recent PACs and political parties that emphasize the need for committee treasurers to maintain good financial records to ensure they remain compliant with federal campaign finance laws.
Bulletin explaining ethics rules for governing the gifts and entertainment that state government employees and public officials may receive as well as their reporting requirements.
Bulletin regarding how political contributions can be made from partnerships and how they should be attributed.
Bulletin about a lobbyist for a payday lender who was found guilty of misdemeanors after he filed false disclosure forms.
Bulletin discussing the provisions of newly enacted Ohio law requiring reporting of newborns diagnosed as opioid dependent.
A bulletin on financial assistance and billing and collection requirements for tax-exempt hospitals.
Information on the Centers for Medicare & Medicaid Services announcement that it recently added three new FAQs and updated five FAQs related to the Medicare and Medicaid EHR Incentive Programs.
Bulletin updating activities in the Public Utilities Commission of Ohio and the General Assembly affecting the energy industry in Ohio.
Discussion of a Seventh Circuit order denying interlocutory appeal of an order granting class certification in Chapman v. Wagener Equities, Inc.
Bulletin discussing FirstEnergy Solutions’ one-time charge to customers to pass along expenses from January’s extreme weather.
Explanation of the Ohio Supreme Court opinion to deny ballot certification for Libertarian Attorney General candidate Steven Linnabary.
Summary of the United States Supreme Court ruling in McCutcheon v. Federal Election Commission, stricking down the aggregate limits on how much an individual may contribute in one campaign cycle.
Bulletin on when and how the use of the copy and paste function on electronic health records is appropriate.
A bulletin reminding advanced practice registered nurse Certificate to Prescribe holders to make amendments by April 1, 2014.
Bulletin on Halifax Hospital Medical Center's $85 million False Claims Act Stark Law Settlement.
Discussion of the design-build selection process for owners of water and wastewater projects.
A bulletin on the Federal Trade Commission Bureau of Competition's recent blog post expressing concern about hospital consolidations.
Bulletin on recent guidance from CMS updating and clarifying previous guidance on two-midnight rule.
Bulletin describing recent developments regarding the public records and open meetings laws included in the Ohio Attorney General's 2014 Yellow Book.
Reminder from CMS that eligible hospitals must take action by April 1 to avoid payment adjustment under the Medicare EHR Incentive Program.
A bulletin about the President's recent announcement regarding his instruction to the Secretary of Labor to "modernize and streamline" the FLSA rules referred to as "white collar" exemptions.
Detailed summary of the key aspects of Ohio's second mid-biennium review budget bill. The bill, H.B. 472, includes provisions on severance and other tax issues, education, workforce development and other areas that support economic development.
Bulletin on the bipartisan passage of the “Better Buildings Act” in the U.S. House of Representatives on March 6, 2014.
Bulletin on the energy severance tax proposals contained in the Ohio Governor's Mid-Biennium Budget Review.
Brief bulletin on the release of Ohio's Mid-Biennium Review budget.
Bulletin on Ohio's Sixth District Appellate Court decision concerning two disgruntled pizza makers.
Bulletin on Ohio legislation regulating the sale of e-cigarettes to minors.
Bulletin on new guidance from CMS on the probe and educate audits of the Medicare two-midnight rule.
Bulletin on properly administering intermittent leave to avoid violation of the Family and Medical Leave Act (FMLA).
A case summary detailing a county engineer's liability for a landowner's poor drainage of surface water due to the county's updates to an existing drainage system.
A description of the different types of bonds that can be used as provisions of a construction contract as a financial guarantee.
A joint Bricker & Eckler and INCompliance bulletin on the Department of Health & Human Services' new guidance for the HIPAA Privacy Rule and protecting and sharing of mental health information.
Bulletin discussing the audits, investigations, inspections and enforcement actions that the HHS Office of Inspector General plans to pursue in the 2014 fiscal year.
Bulletin on health care fraud criminal charges brought against a Texas hospital CFO for filing a false meaningful use attestation with the government.
Bulletin regarding the U.S. EPA's new rule to clarify the handling and disposal of wipes or shop rags contaminated with solvents and its impact in Ohio.
Discussion of proposed House Bills 289 and 358 and their effect on Joint Economic Development Districts and Joint Economic Development Zones.
Bulletin on a new Ohio law expanding the class of professionals qualified to have admitting privileges at a hospital.
Cautionary bulletin reminding hospitals that an ongoing compliance program is a necessary tool that provides a line of defense to avoid potential False Claims Act liability.
HIPAA Back to Basics Bulletin on the Department of Health and Human Services deadline for notices of breaches of protected health information.
Bulletin summarizing the modified version of the severance tax proposal, Substitute House Bill 375, that was presented to the Ways and Means Committee of the Ohio House of Representatives.
Bulletin on the Federal Election Commission's annual Expenditure Limitations and Lobbyist Bundling Disclosure Threshold report which it is mandated to adjust annually to account for inflation.
Bulletin on the CMS announcement that the deadline for Medicare electronic health record Incentive Program reporting attestation has been extended until March 31, 2014.
Bulletin reviewing the petitions filed for the 2014 judicial races as well as information on some of the matchups and races we will see in November.
Bulletin describing the record use of Demand Response at PJM in January, the new DR products being offered and the Recent decision from the Federal Energy Regulatory Commission to approve PJM’s request to cap the quantity of Limited and Extended Summer DR that clears in the annual base capacity auction.
Reviews of the Medicare "two-midnight" rule are delayed for at least 6 months.
Bulletin on a hospital challenge to the FY 2014 Medicare Inpatient Prospective Payment System 0.2 percent reduction in hospital base operating DRG payment amount, including a challenge to the "two-midnight" rule.
Bulletin on how companies can take measures to prevent slips and falls that may be compensable under Ohio Workers' Compensation
Bulletin on federal court decision holding that a physician who has medical staff appointment and clinical privileges at a hospital is considered a hospital employee for purposes of EMTALA’s whistleblower protection provision.
Current civil lawsuit alleges that All Children’s Health System's financial relationships with employed physicians violated the Stark Law.
Discussion of a Brookings Institute report looking at ballot measures as a tool to authorize public funding and investment mechanisms.
Bulletin on new rules from the Ohio State Medical Board on patient notification requirements for departing physicians and for the termination of the physician-patient relationship.
Bulletin on the announcement of the suspension of Medicare claims appeals for at least two years.
Bulletin regarding the Securities and Exchange Commission dropping a proposed rule from its rulemaking agenda for 2014 that would have required publicly traded companies to include political spending in their shareholder reports.
A bulletin about new requirements for public employers reporting to the Ohio Public Employees Retirement System.
Bulletin describing how municipalities can aggregate the retail electric and/or natural gas load of its residents and small businesses to negotiate a competitive rate for electric and/or natural gas with an energy supplier.
Bulletin discussing renewable energy project financing including Master Limited Partnerships, Real Estate Investment Trusts and Crowdfunding.
Bulletin on an Ohio State Employment Relations Board ruling in which it found that a board of
education did not commit an unfair labor practice when it unilaterally implemented a new standards based
teacher evaluation policy.
Bulletin describing the ways in which a power purchase agreement (PPA) financing model works. It details the benefits and challenges as well as issues to watch for.
Overview of important pipeline decisions from FERC in 2013.
Bulletin detailing the Pennsylvania Supreme Court ruling that key provisions of Act 13, a statute amending the Pennsylvania Oil and Gas Act, were unconstitutional.
Bulletin reviewing 2013 government monetary recovery under the False Claims Act and cases to follow in 2014.
Bulletin on the energy provisions of Ohio Senate Bill 221, passed in April 2008.
Groups wanting to see constitutional amendments on Ohio's November 2014 ballot have until July to collect the necessary valid signatures from at least 44 of Ohio's 88 counties.
Bulletin about revisions to Ohio HB 126 that allow an attorney-in-fact to have access to principal's medical information before the principal is deemed incapable of making health care decisions.
The United States Department of Justice remained active through the end of 2013 reaching several noteworthy settlements of False Claims Act liability involving alleged violations of the federal Stark Law and Anti-Kickback Statute.
Article describing how organizations that lost their tax-exempt status for failure to file a return for three consecutive years can get their tax-exempt status reinstated.
Bulletin on the extension and modification of the Anti-Kickback and Stark law safe harbor and exception that allow certain health care entities to donate electronic health records software and related training services.
Bulletin a new Ohio law requiring a surgeon performing a certain breast surgeries to provide referrals in accordance with the standards of the National Accreditation Program for Breast Centers.
Bulletin on the December 20 Ohio Supreme Court ruling that found the actions of the Controlling Board in expanding the Ohio Medicaid program lawful.
Bulletin on the Center for Medicare & Medicaid Services final rule increasing the prior 24-hour benchmark for inpatient admissions to two-midnights.
Bulletin discussing the requirements for FMLA requests from employees caring for a same-sex spouse.
Bulletin on a qui tam case against FreshPoint Inc., settled for $4.2 million.
The Ohio Attorney General's Office released a report today on incentives offered by the State of Ohio through the Ohio Development Services Agency.
Bulletin reviewing recent Federal Regulatory Commission orders that address energy storage.
Cautionary bulletin on the potential liability for schools and school personnel as a result of releasing students to
persons not authorized by the parent or legal custodian.
Bulletin on a new Ohio law allowing public bodies to enter into an executive session to consider certain confidential information related to economic development initiatives.
Bulletin on a new proposed timeline for implementation of meaningful use for the Medicare and Medicaid electronic health record incentive programs.
Bulletin on an Inspector General report finding that many federal requirements for oversight and enforcement of the HIPAA security rule are not being met.
Bulletin summarizing the Federal Elections Commission's recent decision not to grant a request from the Tea Party Leadership Fund for an exemption from campaign finance reporting and disclosure requirements.
CMS announced a fee increase that will take affect January 1, 2014
Bulletin detailing the IRS' proposed rule addressing permissible political activities by 501(c)(4) organizations.
Bulletin summarizing Ohio House Bill 375, the new severance tax proposal which, among other things, would reduce the severance tax rate on oil and natural gas drillers who use means other than horizontal wells and impose a tax on the net proceeds of oil and natural gas produced through horizontal wells.
An overview of various Ohio legislation addressing procedures for political parties, election administration and absentee ballots.
Bulletin on the U.S. District Court for the Southern District of Ohio's preliminary injunction to bar the enforcement of Ohio’s residency requirement for nominating and ballot issue circulators, which were passed as a part of Senate Bill 47.
The United States Department of Justice announced a number of False Claims Act health care settlements over the past several weeks that involve a wide array of allegations.
The National Association of Regulatory Utility Commissioners (NARUC) held their annual meeting and covered topics in the areas of water, electricity, gas, telecommunications and consumer affairs.
White House issues a new report on the updated farm bill to pressure Congress into action while Ohio tackles farm runoff and nutrient management
For the second time, the Ohio Ballot Board has approved a constitutional amendment issue for Yes for Ohio's Energy Future for the state to issue general obligation bonds to finance a 10-year program of $1.3 billion for each year to improve energy infrastructure.
The Ohio Inspector General recently issued a report that found the Ohio Department of Taxation has a policy of not informing taxpayers when they had overpaid their taxes.
Analysis of the Ohio Supreme Court's decision in Stammco, the first of three cases addressing Civil Rule 23 and holding that federal law is persuasive authority in interpreting Ohio Rule 23.
A history of Ohio's energy efficiency and renewable energy requirements and an update on Sub. S.B. 58.
The Public Utilities Commission of Ohio has issued an order in the Duke Energy Ohio natural gas distribution rate case making no change in distribution revenues, but enabling Duke to recover environmental remediation expenses from two manufactured gas plants.
Summary of the Ohio House of Representatives passage of H.B. 5, designed to simplify Ohio’s municipal income tax laws and make them more uniform.
Bulletin on the new Ohio Ethics Commission rule that clarifies payment of travel expenses for public officials or employees.
Bulletin on two bills introduced in the Ohio General Assembly to limit Controlling Board authority in response to Ohio's Medicaid expansion approved by the Board.
An email alert about Health Management Associates' November 6, 2013, announcement that 11 out of 71 hospitals failed to meet meaningful use requirements to receive electronic health incentives, triggering a $31 million repayment to CMS.
Analysis of Norris v. People's Credit Co., Inc., which illustrates why you may want to remove a class action to federal court even though you will have to establish that the claim is worth more than $5 million.
Centers for Medicare and Medicaid Services has issued additional guidance on the "Two-Midnight" Rule, including criteria for post-payment patient status reviews.
The SEC recently imposed its first monetary penalty against a municipal issuer for misstatements and omissions made in an official statement.
Bulletin on IRS notice allowing employers to modify their section 125 cafeteria plan documents to provide for carryover of up to $500 of any amount remaining unused in a participant’s Flexible Spending Arrangement at the end of a plan year.
Bulletin reviewing the Ohio House Ways and Means Committee's acceptance of a substitute version of House Bill 5, which makes changes to and creates uniformity in Ohio’s municipal income tax statutes
Bulletin discussing a recent Ohio Supreme Court decision regarding Ohio’s Alcoholic Beverages Franchise Act.
Bulletin regarding the U.S. Supreme Court hearing appeals related to the EPA's efforts to regulate greenhouse gases.
A Tax E-Alert summarizing recent significant changes related to Ohio Substitute H.B. 5.
A mandamus lawsuit has been filed in the Ohio Supreme Court challenging the Medicaid expansion approved by the Ohio Controlling Board.
The Ohio Controlling Board has authorized an expanded Medicaid program as permitted under the Affordable Care Act and a challenging lawsuit has been filed in the Ohio Supreme Court.
Bulletin summarizing the Ohio JLEC’s guidance related to lobbying expenditures and reporting requirements specifically involving meetings and conferences of national organizations.
Alert regarding the Ohio Department of Taxation's direction to have same-sex couples to file separate state personal income tax returns regardless of whether they filed jointly in other states
Bulletin answering commonly asked questions about employee participation in the election process.
A False Claims bulletin describing how school districts must have effective processes in place to ensure the proper use of federal funds and avoid False Claims Act violations.
A False Claims bulletin discussing a recent judgment entered against the Tuomey Healthcare System in the amount of $237 million.
A Government Relations bulletin summarizing agency guidance involving the Hatch Act Modernization Act of 2012 as it relates to public employees seeking political office.
A brief update on the changes in Ohio's minimum wage that become effective in 2014
A Bricker & Eckler bulletin on the class action complaint brought against GenOn Power Midwest by individuals of the surrounding neighborhood.
Bulletin discussing the current status of Ohio Sub. S.B. 58, including proponents' and opponents' testimonies.
A brief summary of the Tax Foundation's 2014 State Business Tax Climate Index.
E-alert describing the impact on employers involving the Employer Shared Responsibility provisions that were delayed until January 1, 2015.
Bulletin discussing a recent Revenue Ruling and guidance from the IRS regarding the recognition of legal same-sex marriages for federal income tax purposes.
Bulletin about September's record amount of demand response within the PJM Interconnection.
The Tenth District Court of Appeals affirmed the regulation of nutrient loads through NPDES permits subject to mandatory technical feasibility and economic reasonableness analysis.
Discussion about Ohio construction claims with respect to the work product exception and the Public Records Act.
Explanation of an advisory opinion and the guidelines issued by the Ohio Attorney General involving concurrently held public positions.
A recent New York County, New York, appellate decision highlights the potential inadequacies of subcontractor default insurance.
Alert on the CMS announcement that Medicare claims spanning more than two midnights after admission will not be reviewed for appropriateness of patient status.
Bulletin discussing significant changes involving energy efficiency, peak demand requirements and renewable energy standards proposed in Ohio Sub. S.B. 58.
Bulletin on the Wartime Suspension of Limitations Act and its impact on the statute of limitations defense.
Bulletin on enforcement of the False Claims Act involving health care providers during the month of September.
Bulletin detailing the challenges an established businessman encountered when his company was in debt and he was the sole shareholder
Bulletin describing the registration, reporting and compliance requirements involving Ohio political action committees.
Bulletin discussing Duke Energy's proposal to PUCO involving energy efficiency, demand management and combined heat and power.
Bulletin highlighting several provisions of pending S. 1392, the Energy Savings and Industrial Competitiveness Act of 2013.
Bulletin discussing key definitions for "spouse" and "marriage" under ERISA and the Department of Labor guidance.
Bulletin discussing the progress of Healthy Ohioans Work, which is a group behind Ohio's Medicaid expansion campaign.
Bulletin on Ohio law requiring corporations and labor organizations to make expenditure filings when supporting or opposing ballot issues.
Bulletin on a whistleblower case brought against a hospital system by its own hired auditor consultants.
Bulletin on new CMS rule imposing specific requirements for inpatient admission and constitutes a condition of payment for inpatient admissions.
Bulletin describing several municipalities taking electric aggregation measures to the November ballot box and the differences between opt-in and opt-out aggregation.
Bulletin discussing COBRA Qualifying Event Notice compliance and the importance of having procedures and internal controls in place to avoid excise taxes.
Bulletin on the announced postponement of contracts with the insurance plans to be sold on federal health insurance exchanges.
Notice of CMS's decision to approve the Center for Improvement in Healthcare Quality as a deeming authority for hospitals.
Efforts to challenge the constitutionality of the Consumer Financial Protection Bureau (CFPB) were dealt a blow when the U.S. District Court for the District of Columbia dismissed an action against the CFPB because the plaintiffs lacked Article III standing.
A bulletin discussing a recent Ohio appellate court decision involving non-compete agreements.
A bulletin describing important filing information for lobbyists and their employers.
Bulletin discussing the modification to Ohio Revised Code section 3319.07 allowing family members of superintendents to be employed as teachers upon the recommendation of a person other than the superintendent.
Bulletin to explain how to defend yourself if an employee gets hurt due to a safety violation and to understand the calculations for the potential penalty an employer might have to pay.
The Public Utilities Commission of Ohio (PUCO) ruled last week that Akron-based utility FirstEnergy Corp., "overcharged its Ohio customers by $43.3 million for electricity generated by wind and solar."
A case discussion involving class certification denial on the basis of lack of commonality among class members.
A bulletin detailing the Consumer Financial Protection Bureau's complaint against Utah-based Castle & Cook Mortgage, LLC and two of its officers.
Health Care Construction Project Delivery Models:
Benefits, Risks and Risk Management Options
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Karen M. Moore
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