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Take Five: 5 Things you Need to Know About Indiana Government - June 2023

By: Amy M. Levander and Amy E. Schwarz on June 15, 2023

1.   Legislative Council
 
Earlier this week, the Legislative Council met to assign summer study committee topics to interim study committees. The full list of topics is available on the General Assembly’s website. Some topics of note…

A Direct Proposal: New Proposed Medicaid Rules for State Directed Payments

By: Meghan M. Linvill McNab and Grant M. Achenbach on June 13, 2023

On May 3, 2023, the Centers for Medicare and Medicaid Services (“CMS”) published not one, but two, proposed rules for state Medicaid programs. Totaling nearly 300 pages, these rules are aimed at strengthening Medicaid and improving access to care,…

Chasing the “Worm” – Act Now to Use the Federal Gift/Estate Tax Exemption

By: Micah J. Nichols and Rodney S. Retzner on June 8, 2023

It is not too early for individuals and families to start preparing for reductions to the Federal gift and estate tax exemption equivalent (“FET Exemption”) that become effective on January 1, 2026. 

The FET Exemption has increased through annual…

HOLD ON A MINUTE! INDIANA LEGISLATURE CHANGES THE RULES FOR EMERGENCY DETENTIONS

By: Robert A. Anderson, Stacy Walton Long, and Hillary N. Buchler on June 7, 2023

The Indiana Legislature recently enacted and the Indiana Governor recently signed House Bill 1006 (the “Bill”). The changes in the bill are effective as of July 1, 2023. The legislation contains significant amendments to the Indiana law governing…

Business Associate Fined Under HIPAA For Maintaining PHI on Unsecured Server

By: Robert A. Anderson and Stacy Walton Long on June 6, 2023

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), recently concluded its investigation into MedEvolve, a business associate (“Business Associate”) of a covered health care entity. Business Associate self-reported a…

NLRB’s General Counsel Issues New Guidance Memo Challenging Non-Compete Agreements as Violating Section 7 of the NLRA

By: Scott S. Morrisson and Elizabeth M. Roberson on June 2, 2023

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo outlining her position that the proffer, maintenance, and enforcement of non-compete agreements violates the National Labor Relations Act (NLRA) with few exceptions. Abruzzo’s memo…

NLRB Memo Clarifies the Implications of McLaren Macomb and Whether Employers’ Severance Agreements Violate Employees’ NLRA Rights

By: Virginia A. Talley and Shelley M. Jackson on June 1, 2023

On February 21, 2023, the NLRB issued a decision in McLaren Macomb reversing its previous holding in Baylor University Medical Center and once again outlawing the use of overly broad non-disparagement and confidentiality agreements in severance…

2024 HSA Limits Released

June 1, 2023

On May 16, 2023, the IRS released Revenue Procedure 2023-23. This new Revenue Procedure included the 2024 Health Savings Account (HSA) contribution limits and the 2024 minimum statutory deductibles and maximum out-of-pocket contributions for High…

Michael D. Zaradich Joins Krieg DeVault's Commercial & Real Estate Lending Practice

June 1, 2023

Krieg DeVault is pleased to announce that Michael D. Zaradich has joined the firm as a Partner in the firm’s Commercial & Real Estate Lending Practice. Mr. Zaradich brings over 17 years of legal experience to Krieg DeVault in the commercial finance,…

Don’t Let the End of the Public Health Emergency Create a Compliance Problem

By: Meghan M. Linvill McNab and Brandon W. Shirley on May 19, 2023

Over the past three years, healthcare providers have adapted to specific regulatory requirements that were originally set to end when the federal public health emergency (“PHE”) expired. The PHE provided certain flexibilities and regulatory…

The Indiana Lawyer Names Senior Associate Elizabeth M. Roberson a 2023 Up and Coming Lawyer

May 18, 2023

Krieg DeVault is pleased to announce that Senior Associate Elizabeth Roberson has been named a 2023 recipient of The Indiana Lawyer’s Leadership in Law Up and Coming Lawyer Award.   Ms. Roberson was among 15 Up and Coming Lawyer recipients honored…

LIBOR Transition in the Final Weeks

By: Bradley S. Fuson and Patrick J. Fagan on May 16, 2023

With the end date for the London Interbank Offered Rate (LIBOR) less than two months away (June 30, 2023), lenders and borrowers are busily revising their loan documents in anticipation of this deadline. Although a large proportion of legacy loans…

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