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Show Me the Records: OCR Holds Providers Accountable Under HIPAA Right of Access Initiative

By: Stacy Walton Long and on January 27, 2021

As if to underscore Health and Human Services’ (“HHS”) commitment to electronic medical record interoperability and against information blocking, OCR closed out 2020 with a sweeping number of enforcement actions under its HIPAA Right of Access…

IRS Provides Further Temporary Relief for LIHTC Projects Due to COVID-19

By: Scott C. Frissell and Kendall A. Schnurpel on January 20, 2021

In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2021-12, extending temporary relief from certain requirements for qualified low-income housing projects and qualified residential rental projects that was previously…

Cannabis in Indiana: Where Do Things Stand Today?

By: Kendall A. Schnurpel on January 19, 2021

Within the past two months, there has been a flurry of activity in the cannabis space, including continued litigation over Indiana’s hemp laws,1  the release of Indiana’s 2021 hemp grower/handler application by the Office of Indiana State Chemist &…

Does Retention of Property Violate the Automatic Stay in Bankruptcy? The Supreme Court Weighs In.

By: Alexander E. Porter and C. Daniel Motsinger on January 19, 2021

On January 14, 2021, the Supreme Court of the United States resolved a circuit split by unanimously holding that the “mere retention of property” by a creditor after the time a debtor files its bankruptcy petition does not violate the automatic stay…

2021 Hemp License Application Now Available Online

By: Kendall A. Schnurpel on January 19, 2021

Earlier this month, the Office of the Indiana State Chemist (“OISC”) began accepting applications for licenses to commercially grow and process hemp using its new online licensing software (the “Application”). The new Application is live following…

It is Time to Consider Revising Your Employee Non-Solicitation Provisions

By: Scott S. Morrisson on January 14, 2021

Employment agreements frequently contain restrictions that disallow a departing employee from soliciting former employees and co-workers to join the employee’s new employer.  These restrictions are also referred to as “non-poaching” employee…

MFAR Dies, but Not Without Leaving a Trace- New Supplemental Payment Reporting

By: Meghan M. Linvill McNab and Amanda K. Schipp on January 14, 2021

As we previously reported, on September 14, 2020 CMS Administrator Seema Verma announced, via a tweet, that CMS was withdrawing the proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While the Proposed Rule was marketed as…

Will Legislatures Put Telehealth on Hold in 2021?

By: Brandon W. Shirley and Amanda K. Schipp on January 14, 2021

COVID-19 has undoubtedly elevated telehealth in the health care industry, and has all but assured its continuance long after the public health emergency ends. However, the exact form that telehealth may take along its pathway to becoming a permanent…

Illinois Legislature Passes Sweeping Changes to Consumer Lending Laws

By: Brett J. Ashton on January 13, 2021

Early this morning the Illinois legislature passed and sent to Governor Pritzker for signature, one of the most restrictive consumer lending bills seen in decades that, if signed, will have far reaching implications for not only the payday lending…

Corporate Transparency Act: New Obligations to Disclose Beneficial Ownership in Private Companies

By: Robert A. Greising, Virginia A. Talley, and Maria Vladimirova Geltz on January 12, 2021

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA” or the “Act”) as part of the greater National Defense Authorization Act for Fiscal Year 2021.  The CTA requires certain domestic and foreign companies to disclose…

Is It Time to Amend Your Plan Documents for Class Action Waiver and/or Mandatory Arbitration Clauses?

By: Scott S. Morrisson and Alexander L. Mounts on January 11, 2021

Is it time you consider amending your plan document to provide a waiver of class actions and mandatory arbitration?  We first visited this issue one year ago after a 2019 federal court decision approved use of class action waiver and mandatory…

Bankruptcy Court Holds Federal Credit Union to be Governmental Unit for Purposes of the United States Bankruptcy Code

By: C. Daniel Motsinger on January 6, 2021

The United States Bankruptcy Court for the District of New Mexico recently held that a federal credit union chartered under the Federal Credit Union Act, 12 U.S.C. §§ 1752, et seq., constitutes an “instrumentality of the United States” included in…

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