“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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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January 17, 2011
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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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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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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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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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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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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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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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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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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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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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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USA Patriot Act Mandates Compliance Programs
October 21, 2010 by Alan M. Wood
USA Patriot Act; Bank Secrecy Act; Money Laundering; Compliance Programs
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October 21, 2010 by Alan M. Wood
USA Patriot Act; Bank Secrecy Act; Money Laundering; Compliance Programs
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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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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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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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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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