Affordable Care Act Circuit Split Has “Major Consequences” for Employers
Two conflicting opinions may ultimately lead to in increased Affordable Care Act liability for employers in 36 states.

Affordable Care Act Circuit Split Has “Major Consequences” for Employers
July 25, 2014 by Adam B. Kuenning
Two conflicting opinions may ultimately lead to in increased Affordable Care Act liability for employers in 36 states.
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Supreme Court Rules on Affordable Care Act’s Contraception Mandate
July 22, 2014 by Adam B. Kuenning and John Gamm
The U.S. Supreme Court recently ruled on the “Hobby Lobby Case” and determined that the contraceptive mandate in the Affordable Care Act violated closely held for-profit companies’ free exercise of religion.
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Can working from home be a reasonable accommodation for an employee with a disability?
June 27, 2014 by Bonnie M. Boryca
It depends on the job, but a recent case shows why employers should carefully consider telecommuting and work-from-home options.
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An Employee’s Right to Commissions After Being Fired or Laid-off
April 8, 2014 by Bonnie M. Boryca
Is an employee entitled to commissions for sales made by an employer after the employee has been laid-off or terminated?
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What is required to prove a “Mental Mental” workers’ compensation claim in Iowa?
April 2, 2014 by Sara A. Lamme

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Iowa’s Workers’ Compensation Commissioner Finds that Surveillance Footage Must be Disclosed Prior to Deposition of Claimant
March 24, 2014 by Sara Lamme and MaKenna Dophide

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Eighth Circuit Clarifies “Related To” Jurisdiction Connected with Bankruptcy Cases
February 24, 2014 by Matthew V. Rusch
The Eighth Circuit United States Court of Appeals stated that federal court jurisdiction over matters related to bankruptcy cases will be broadly interpreted.
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The Supreme Court Decides What is a Final Appealable Order in Workers' Compensation Cases
January 15, 2014 by Patrick R. Guinan
Without a determination of benefits, an Award that merely finds compensability or rejects a defense is not a final appealable order in workers’ compensation cases.
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Liability for Using a Competitor’s Customer List -- Trade Secrets & the Corporate Veil
November 27, 2013 by Bonnie M. Boryca & Michael Rickert
The Nebraska Supreme Court recently clarified two important points regarding liability when a company benefits from use of information contained in a competing company’s customer list, do you know what they are?
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Differences Between Application of General Negligence and Professional Negligence Statutes of Limitation Clarified
October 28, 2013 by Matthew V. Rusch & MaKenna Dopheide
The Nebraska Supreme Court clarified application of the two year professional negligence statute of limitation.
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Accrual of Limitations Period For Action To Recover Underinsured Motorist Benefits
August 27, 2013 by Nicholas F. Sullivan
In Shada v. Farmers Insurance Exchange, 286 Neb. 444, -- N.W.2d – (2013), the Nebraska Supreme Court confirmed that a cause of action for underinsured motorist benefits accrues on the date the insurance contract is breached.
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Do You Have Health Care Clients? Be Prepared for New HIPAA Rules!
August 13, 2013 by Adam White
Broad and sweeping changes were made to the Health Information Portability and Accountability Act of 1996 (“HIPAA”) this past spring. If you are working with clients in the health care industry, these changes apply to you.
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Why can’t I recover attorney’s fees in Nebraska even when my contract says I can?
August 2, 2013 by Michael Rickert
Nebraskan courts will generally refuse to enforce contractual allocations of attorney’s fees. While Nebraska’s position is in the minority, there are instances where contractual provisions of attorney’s fees are enforceable.
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Round Two of Challenges to the ACA in the Supreme Court Looks Likely
July 31, 2013 by Adam R. White
A ruling over the weekend by the Third Circuit Court of Appeals upholding the “contraception mandate” of the Affordable Care Act creates a split of authority on the issue and strongly invites review by the U.S. Supreme Court.
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Retirement Accounts and your Estate Planning
July 9, 2013 by Alan M. Wood
What roles does your will or trust play in distributing your tax-deferred retirement accounts?
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Heavy Hitting at Halifax Hospital: Huge Fines and Broad Implications for the Healthcare Industry
July 9, 2013 by Adam R. White
The fines sought by the government for allegations that Halifax Hospital violated Stark are staggering. But it’s the broader implications for health care providers across the country, if the government is right, that are truly frightening.
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White House Delays “Pay or Play” provision of ACA until 2015
July 4, 2013 by Adam R. White
The Obama administration announced Tuesday that “large” employers will not be required to provide insurance to their fulltime employees until 2015 instead of January 1, 2014, as originally required under the ACA.
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But-for Causation Required for Title VII Retaliation Claims
June 25, 2013 by Heather Veik
The U.S. Supreme Court holds that Title VII retaliation claims must be proved according to traditional tort law causation standards
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Nebraska Supreme Court Says Lenders Have Five Years to Pursue Deficiency Lawsuits after Judicial Foreclosures
May 28, 2013 by Matthew V. Rusch
The Supreme Court of Nebraska recently held, in FNBO v. Scott L. Davey and Deborah Davey, that a creditor has five years to pursue a deficiency action in situations where a piece of real estate has been foreclosed through judicial proceedings
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Seventh Circuit Creates Circuit Split Over Inherited IRAs
May 8, 2013 by Nicholas F. Sullivan
In In re Clark, --- F.3d ---- (7th Cir. 2013), the United States Court of Appeals for the Seventh Circuit concluded that inherited IRAs are not exempt from a debtor’s bankruptcy estate, creating a circuit split among the United States Courts of Appeals.
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Employer Sponsored Social Events and Potential Workers’ Compensation Liability
April 26, 2013 by Patrick R. Guinan
Employees Injured at an Employer Sponsored Social Event can Receive Workers’ Compensation Benefits in some Instances.
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Illegal aliens are entitled to permanent total disability benefits under Nebraska Workers’ Compensation Act.
January 9, 2013 by Karen M. Keeler
The Nebraska Supreme Court determined that an individual not eligible to work legally in the United States may still receive permanent total disability workers’ compensation benefits if injured while illegally working for a Nebraska employer.
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Congress passes SMART Act to improve efficiency within the Medicare Secondary Payer System
January 4, 2013 by Karen Keeler
Recently Congress passed the Strengthening Medicare and Repaying Taxpayers Act (“SMART Act”). This is good news for insurers having difficulty settling claims due to the complexities associated with Medicare’s secondary payer status.
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Second Round of Major Constitutional Challenges to the ACA Revitalized by the Supreme Court
November 28, 2012 by Adam R. White
On Monday the Supreme Court breathed new life into challenges that the ACA’s requirement for employers to provide insurance covering contraceptives is unconstitutional.
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Nebraska to Allow Feds to Run Insurance Exchange
November 16, 2012 by Adam R. White
On Thursday afternoon, Governor Dave Heineman announced that he will allow the Federal government to run the insurance exchange for the State of Nebraska under the Affordable Care Act.
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Doubts Mounting Over DHHS Ability to Meet October 2013 Deadline for Insurance Exchanges
November 15, 2012 by Adam White
In the wake of a highly contentious and polarized election season, the re-election of Barack Obama all but ensures the Affordable Care Act will stay in place; but is DHHS up to the task of implementing it?
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AHA Files Suit Against U.S. Government Over Aggressive RAC Program
November 2, 2012 by Adam R. White
In a lawsuit recently filed by the American Hospital Association against the U.S. Government, the Association is alleging that overly aggressive RACs are costing health care providers hundreds of millions of dollars for legitimate care.
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The Workers’ Compensation Court does not have jurisdiction to compel a non-party to pay an attorney fee for protection of its subrogation rights
November 1, 2012 by Karen M. Keeler
Notwithstanding the common fund doctrine, the Nebraska Workers’ Compensation Court does not have authority to compel a private health insurer to pay an attorney fee for protecting the health insurer’s subrogation interest in a workers’ compensation case.
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Transfer On Death Deeds
October 12, 2012 by Andrew J. Huettner
Nebraska provides a new method of transferring real estate by introducing Transfer on Death Deeds.
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91 Charged Across 7 Cities for Medicare Fraud Totaling $429 Million
October 8, 2012 by Adam White
In one of the largest ever single-day crackdowns by the United States government on Medicare fraud, 91 individuals across 7 different cities, from Los Angeles to Brooklyn, were charged with over $429 million in false or fraudulent billings.
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Nebraska Workers’ Compensation Court’s States Wages for Permanent Injuries Need to be Based on a 40 Hour Work Week.
October 2, 2012 by Karen M. Keeler
The Nebraska Supreme Court holds, in accordance with the Nebraska Workers’ Compensation Act, when a part time hourly employee suffers a work-related injury that results in permanent disability or death, the employee’s average weekly wage must be based on a 40 hour work week rather than by averaging that employee’s actual wages over the 6 months before the accident.
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CBO Raises Estimate of Those Hit by ObamaCare Tax
September 24, 2012 by Jessica L. Boone
Revised CBO Predictions Illustrate the Impact of the Affordable Care Act’s Individual Insurance Mandate on Middle Class and Low Income Americans.
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Non-compensable Passive Conditions of Negligence.
September 4, 2012 by Patrick R. Guinan
Passive conditions of negligence such as inadequate lighting are not compensable in Nebraska.
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Nebraska Supreme Court Confirms Assignability of Tort Claim Proceeds
August 21, 2012 by William F. Austin
As a matter of first impression, the Nebraska Supreme Court concluded that an assignment of the proceeds of a personal injury tort claim is not against public policy in Nebraska.
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Defense Obligations of Primary and Excess Insurers When The Primary Insurer Tenders Its Policy Limits
August 1, 2012 by Nicholas F. Sullivan
As a general rule, the mere tendering of policy limits by a primary insurer does not discharge the defense obligations that the primary insurer owes to its insured.
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The Nebraska Supreme Court Holds that an Insurer’s Wrongful Denial of Coverage, Even if Done in Good Faith, May Excuse the Performance of a Repair/Replace Condition to Replacement Cost Coverage
July 31, 2012 by Heather Veik
An insured may recover replacement costs without ever repairing or replacing damaged property if it can show that the insurer’s conduct “contributed materially to the nonoccurrence” of the repair/replace condition.
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Affordable Care Act Will Cost $84 Billion Less Due to Supreme Court’s Ruling
July 26, 2012 by Adam R. White
In the wake of the historic decision by the U.S. Supreme Court on the Affordable Care Act, the Act will now cost $84 billion less while also covering fewer individuals.
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Compelled Deposition of Foreign Corporations Under Rule 30(b)(6)
July 19, 2012 by Nicholas F. Sullivan
Generally, under Rule 30(b)(6) of the Federal Rules of Civil Procedure, the depositions of a foreign corporation are usually required to be taken at the corporation’s principal place of business. However, corporations should note that courts look to a number of different factors in determining whether to rebut this general presumption.
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Nebraska Joins Ranks With Other Republican States to Oppose Medicaid Expansion
July 12, 2012 by Adam R. White
Nebraska Governor Dave Heineman has publicly announced that Nebraska will not participate in Medicaid expansion.
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Administration Will Selectively Enforce the ACA’s Individual Mandate
July 11, 2012 by Adam R. White
HHS recently announced that it will not “enforce” the individual mandate requirement from the ACA in states that choose not to expand Medicaid.
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U.S. Supreme Court Upholds “Individual Mandate” Required by ACA.
June 28, 2012 by Adam White
In a landmark ruling, the United States Supreme Court will allow one of the most of the controversial provisions, requiring all Americans to purchase health insurance, to stand.
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U.S. Supreme Court Strikes Down Medicaid Expansion of PPACA as an Unconstitutional “Gun to the Head”
June 28, 2012 by Jessica Boone
Despite upholding the “Individual Mandate” of the Affordable Care Act, has the U.S. Supreme Court indirectly turned Obama Care on its head by striking down the ability of the federal government to withdraw Medicaid funding for any State choosing not to expand its Medicaid program?
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NEBRASKA’S GOING TO AND COMING FROM WORK RULE
June 14, 2012 by Nicholas F. Sullivan
Under Nebraska’s workers’ compensation laws, an employer is generally not required to compensate an employee for injuries the employee sustains while going to or coming from work. However, this rule is subject to a number of widely recognized exceptions under Nebraska law.
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Collateral Source Rule in Nebraska
May 23, 2012 by Heather Veik
Summary of Nebraska courts’ application of the collateral source rule in negligence actions
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Health Insurers to Begin Issuing Insurance Rebates
May 14, 2012 by Adam White
Under a rule created by the landmark Health Care Reform Law, insurers will now begin issuing approximately $1.3 billion in rebates to nearly 16 million Americans.
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Federal Courts Struggle with Bankrupcty Court Jurisdiction in the Aftermath of Stern v. Marshall
May 11, 2012 by Matthew V. Rusch
The Supreme Court of the United States has created an issue of Bankruptcy Court jurisdiction which has raised substantial questions that will need to be resolved.
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The Iowa Court of Appeals Concludes that 85.39 Examinations are Appropriate Even in Denied Claims
April 13, 2012 by Sara A. Lamme
The Iowa Court of Appeals has addressed a controversial issue involving whether an employer is entitled to require a workers’ compensation claimant to submit to an independent medical examination when the claim has been denied.
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Oral Arguments Concluded on Health Reform Bill in U.S. Supreme Court
March 30, 2012 by Adam White
On March 28, lawyers finished their 3rd day of oral argument in the United States Supreme Court arguing the constitutionality of the health care reform legislation passed in 2010.
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Argument Begins on Health Care Reform Law Next Week in Supreme Court
March 23, 2012 by Adam White
After months of anticipation, the Supreme Court will begin hearing oral argument on the constitutionality of the massive health care reform bill.
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Iowa Supreme Court Prohibits Trucking Companys From Offering A Light Duty Work Program From A Centralized Location
March 16, 2012 by Karen M. Keeler
The Iowa Supreme Court recently held that over the road trucking companies offering light duty employment to injured workers from a centralized location are not offering “suitable work” as defined by Iowa Code §85.33(3).
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Potential FCA Liability Under Contractual Reassignment: OIG Alert Cautions Providers to Exercise Care When Reassigning their Medicare Payments
March 13, 2012 by Jessica L. Boone
Physicians whose services are billed to Medicare under an independent contractor reassignment should pay particular attention to a recent Office of Inspector General (OIG) Alert Highlighting FCA Liability Under Contractual Reassignment.
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Nebraska, Joined by Several Other States, Files Suit in Federal Court Seeking to Block Health Reform
February 28, 2012 by Jessica Boone
On February 23, the State of Nebraska, joined by several other States as well as various entities affiliated with the Catholic Church, led the charge in the resistance to the federal government’s requirement that such entities offer contraceptive services.
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Nearly $4.1 Billion Recovered from Health Care Fraud Prevention and Enforcement Efforts in 2011
February 27, 2012 by Adam White
On February 14, 2012, the Department of Health and Human Services announced that its increased efforts in preventing and enforcing health care fraud laws resulted in recovering nearly $4.1 billion.
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CMS Proposes New Overpayment Reporting Rule
February 16, 2012 by Adam White
In order to implement § 6402 of PPACA, CMS is proposing regulations relating to the reporting of overpayments made under the Medicare Program.
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Nebraska Supreme Court Puts Flesh on Bones of Economic Loss Doctrine in Nebraska
February 7, 2012 by John C. Brownrigg
In a recent opinion, the court defined the parameters of the economic loss doctrine, prescribing the circumstances under which the doctrine precludes the use of tort theories of recovery and broadening the scope of the doctrine.
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“Supreme Court Refuses to Hear Demand for Kagan’s Recusal From Health Care Legislation Challenge.”
January 25, 2012 by Adam R. White
“Kagan’s recusal from health care legislation challenge remains an open question following Supreme Court decision.”
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Legal Game of Skill vs. Illegal Gambling Device. The legal standard in Nebraska is reaffirmed.
January 23, 2012 by Patrick R. Guinan
The Nebraska Supreme Court reaffirms that gaming devices that are predominantly skill based are not gambling devices even if a player “wins” more than what they paid to play.
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Nebraska Supreme Court Adopts Federal Test for Proving Secondary Meaning of Trademark or Trade Name
January 23, 2012 by Andrew M. Collins
Local Hospice Forces Competitor backed by National Hospice Company to Respect Rights Acquired in Trade Name
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Supreme Court Finally Resolves Open Issue Under Nebraska’s Comparative Negligence Statutes
January 11, 2012 by John Brownrigg
In a negligence case brought by an injured employee against third parties, the finder of fact cannot include the employer in the fault apportionment.
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Non-compensable Passive Conditions of Negligence.
January 4, 2012 by Pat Guinan
Passive conditions of negligence such as inadequate lighting are not compensable in Nebraska.
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Contractor’s Conundrum? Coverage for Additional Insured’s Own Negligence in Nebraska
January 4, 2012 by William F. Austin
Nebraska court explores implications of additional insured status as it relates to promisee’s own negligence.
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Iowa Supreme Court Overrules The Iowa Court Of Appeals In Holding That Expert Testimony Constitutes Substantial Evidence In Workers' Compensation Claims
December 21, 2011 by Tiernan T. Siems

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Iowa Court of Appeals affirms denial of workers’ compensation benefits.
December 14, 2011 by Sara Lamme
The Iowa Court of Appeals affirms the denial of a cumulative injury to her shoulder because the Claimant failed to show that her job duties were repetitive in nature thus leading to her injury.
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Nebraska Supreme Court Reverses Three Decade Old Precedent in Eliminating Affirmative Defense of Intentional Misrepresentation in Workers’ Comp.
December 13, 2011
Find out more about the Nebraska Supreme Courts decision to reverse a 30 year old precedent
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The Nebraska Court of Appeals Provides New Guidance in Addressing a Comp Carrier’s Subrogation Right Against a Worker’s Recovery from a Third-Party Tortfeasor.
December 13, 2011 by Tiernan Siems
In addition to two longstanding points, the Court of Appeals announces three additional specific considerations in diving tort proceeds between a comp carrier holding a lien and a claimant
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U.S. Supreme Court to Hear Constitutional Challenge to the Patient Protection and Affordable Care Act (PPACA)
December 5, 2011
FInd out how the U.S. Supreme Court’s ultimate ruling on the constitutionality of the PPACA will not only prove to be a constitutional blockbuster, but will also directly impact the State of Nebraska and Nebraska employers.
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Sarpy County District Court Judge Rules Learning Community Common Levy Unconstitutional
November 28, 2011 by Matthew V. Rusch
The tax levying mechanism for the Learning Community of Douglas and Sarpy Counties has been declared unconstitutional by a Sarpy County District Court judge.
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Employer Alert – Mandatory Posting of Labor Rights
November 23, 2011 by Benjamin A. Pinaire
Employers face an approaching deadline for the posting of a Notice of Employee Rights under the National Labor Relations Act.
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OIG to Allow Certain Domiciliary Services Programs to be Offered by Hospitals
November 21, 2011
Health care providers may be able to provide certain lodging, transportation, and dining assistance to patients and family members of patients under certain circumstances...
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Timing of Workers' Compensation Indemnity Payments Under Iowa Law Trigger Penalties
November 14, 2011
The Often Used Bi-Weekly Indemnity Payment Schedule Could Result In Penalties
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No Duty Exists Under Nebraska Law to Supervise or Control the Actions of a Third Party to Prevent Physical Harm to Others Absent a “Special Relationship"
November 7, 2011

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Protecting Medicare's Iinterests Prior to Settlement of Personal Injury and Workers’ Compensation Claims
November 7, 2011
Professionals involved in the settlement of cases with a Medicare eligible claimant must be aware of the responsibilities and consequences of protecting Medicare’s interests prior to settlement. Medicare Set Asides, previously only used in workers’ compensation settlements, have become increasingly more commonplace in liability settlements.
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Misrepresentation of Pre-existing Condition as an Affirmative Defense to Workers’ Compensation Claims in Nebraska
November 1, 2011
Learn More about the Larson Rule and Misrepresentation of Pre-existing Conditions with Workers Compensation Claims
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Right Against Self Incrimination in Civil Suits
May 31, 2011
How does a person handle his or her response to discovery questions in a civil case when he or she is also a defendant in a related criminal case? The Nebraska Supreme Court recently clarified how this interaction should work.
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Real Estate Like-Kind Exchanges Under Section 1031
March 25, 2011 by Daniel B. Kinnamon
Need to learn more about Real Estate Like-Kind Exchanges under Section 1031, their purpose, reasons to exchange, the types of property that qualify and the rules and restrictions of like-kind exchanges?
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Kissel/ES Helps the city LaVista, NE Pass LB1018
January 17, 2011 by Joe Kohout
Working with members of the Legislature, the office of the Governor, national consultants and local municipalities, Kissel/ES Associates representing the United Cities of Sarpy County, created a package known as the Nebraska Advantage Transformational Tourism and Redevelopment Act.
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Kissel/ES helps West Corp. Secure 1000 Training Grants
January 17, 2011
In an effort to create 1000 jobs in Nebraska, Kissel/ES worked with the Legislature, the Department of Economic Development and the Office of the Governor, created a mechanism to allow West Corp. access to job training grants.
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Kissel/ES Associates & Ralston Public Schools Work To Insure State Aid Formula is Fair to All
January 17, 2011
Kissel/ES Associates, representing Ralston Public Schools, worked in a cooperative manner with other school districts and with the Legislature to ensure that changes to the state aid formula are fair to all districts throughout the state.
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Stark Self Disclosure Protocol Now in Full Swing
November 3, 2010
On September 23, 2010, the Centers for Medicare and Medicaid Services (CMS) released the much anticipated Voluntary Self-Referral Disclosure Protocol (SRDP). The Affordable Care Act (ACA) enacted on March 23, 2010 required that CMS create a protocol to enable entities to self-report Stark Law violations in much the same way that a process already exists for the self-disclosure of violations of the Anti-Kickback Statute.
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ADA Regulations Shed Light on What Qualifies as “Service Animal” for Places of Public Accommodation
November 1, 2010
Find out more information about what actually qualifies as a "Service Animal" under the ADA...
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Anti-Smoker Hiring Policies: Could You Be Facing a Lawsuit?
November 1, 2010
Health care legislation and "lifestyle statutes" cause great concern to employers and smokers alike, read more and find out if you could be facing a lawsuit.
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Proposed Bankruptcy Legislation Could Have Lasting Effects on Higher Education.
November 1, 2010 by Brian Scholl
Private Student Loan Bankruptcy Fairness Act of 2010 States Private Student Loans Are Non-Dischargeable Except in Bankruptcy Legislation
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New Healthcare Fraud and Abuse Program Integrity Provisions: High Hopes, Hefty Compliance Requirements
November 1, 2010 by Adam R. White

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What Do I Need To Know About Eminent Domain?
November 1, 2010 by William F. Austin
Do you have questions about Eminent Domain and your rights as a propery owner? If so, we've got a quick Q&A on this subject that might help answer them.
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Legal Challenges to Health Care Reform Gain Traction
October 29, 2010
The Patient Protection and Affordable Care Act (“PPACA”), is already being challenged by several of the state’s attorneys general. Find ou if your state is one of them...
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Hospital's Can Provide Free Insurance According to the OIG
October 29, 2010
The Office of Inspector General (OIG) stated that it would not impose sanctions on hospitals requesting an advisory opinion concerning its provision of insurance pre-authorization services.
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Property Tax Alert
August 2, 2010
Real Estate Values Continue to Fall - But Has Your Property Tax Assessment?
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Defer Capital Gains Taxes
June 14, 2010
With prior planning, you can defer capital gains taxes on the disposition of property used in a trade or business or held as an investment.
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About Our Compliance Programs
June 14, 2010
Compliance programs are created to be self-policing efforts designed to preempt the need for law makers to enforce companies to follow federal guidelines. The legislative roots of today's compliance programs are embedded in federal legislation passed in 1984 that was aimed at reducing fraud and abuse of federal programs. Compliance is now a major topic of health care executives and starting in 1997, commercial laboratories, the Office of the Inspector General of the Department of Health and Human Services has created a series of new compliance programs with guidelines for health care providers. This year hospitals and home-health agencies and almost the entire health care sector is trying to find their way within the regulatory programs.
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