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CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule

By: Meghan M. Linvill McNab and Amanda K. Schipp on September 15, 2020

On November 18, 2019, the Medicaid world was “rocked” when the Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While intending to strengthen the fiscal…

Recruiting Success Tips for Progressive Practices

By: Thomas N. Hutchinson and Andrew W. Breck on September 14, 2020

For years, many experts have predicted the disappearance of private medical practices in favor of hospital-employed arrangements. In fact, a 2019 Merritt Hawkins study found that 45% of final-year medical residents were open to hospital employment.…

Businesses That File Indiana Sales and Withholding Taxes Must Transition Accounts to New Indiana Department of Revenue System Starting September 8, 2020

By: Kendall A. Schnurpel and Judy L. Woods on September 8, 2020

Background

In early September 2019, the IDOR launched the first of four rollouts of a tax modernization project, Project NextDOR, and is launching Phase 2 this month. Project NextDOR’s new technology includes INTIME, a new online e-services portal…

IRS Confirms Payroll Tax Deferral Not Mandatory

By: Kendall A. Schnurpel on September 4, 2020

In its monthly payroll industry teleconference held on September 3, 2020, the Internal Revenue Service (IRS) confirmed that the payroll tax deferral of the employee portion of the FICA tax described in IRS Notice 2020-65 is not required. Employers…

SEC Updates Private Placement “Accredited Investor” Definition

By: Robert A. Greising, , and Corben A. Lee on September 3, 2020

On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments (the “Amendments”) to the private placement definition of “accredited investor” in Regulation D under the Securities Act of 1933 (the “Securities Act”).  The…

Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements

By: Andrew W. Breck and Meghan M. Linvill McNab on September 2, 2020

On August 25, 2020, CMS issued an Interim Final Rule (“New Rule”) revising regulations for numerous provider types in response to the COVID-19 public health emergency.  With respect to Skilled Nursing Facilities for Medicare and Nursing Facilities for…

Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned

By: Brandon W. Shirley and Meghan M. Linvill McNab on September 2, 2020

The Department of Health and Human Services, Office of Inspector General (“OIG”) conducted an audit and published a new report (“Report”) that identifies inconsistencies and questionable extrapolation practices used by Medicare contractors to…

IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral

By: Kendall A. Schnurpel on September 1, 2020

Background

In his “Memorandum for the Secretary of the Treasury,” dated August 8, 2020 (the “Memorandum”), President Trump directed the Secretary to defer the withholding, deposit, and payment of the employee portion of the FICA tax (i.e., the 6.2%…

14 Krieg DeVault Attorneys Named to 2021 Best Lawyers in America Listing; 3 Receive “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

August 25, 2020

Krieg DeVault is pleased to announce that 14 attorneys have been named to the 2021 Best Lawyers® in America Listing.  Of the 14 attorneys named to the list, Robert A. Greising, Sharon B. Hearn, and Deborah J. Daniels were named to the “Lawyer of the…

Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights

By: Elizabeth M. Roberson and Kate Trinkle on August 24, 2020

Employers may need to revisit employee handbooks and policies after the Equal Employment Opportunity Commission (EEOC) issued guidance on August 5, 2020, addressing employee opioid use, addiction, and employee rights under the Americans with…

SBA Issues New Guidance on Loan Forgiveness

By: Robert A. Greising and Corben A. Lee on August 7, 2020

On August 4, 2020, the SBA issued guidance in the form of new FAQs regarding loan forgiveness applications for the Paycheck Protection Program. The guidance comes out in anticipation of the SBA accepting loan forgiveness applications beginning…

PPP Loan Application Deadline: Saturday, August 8, 2020

By: Robert A. Greising and Corben A. Lee on August 4, 2020

Small businesses that are interested in applying for a Payroll Protection Program loan (“PPP Loan”) have until this Saturday, August 8th, to submit their loan application. As of August 3rd, over $130 billion in PPP Loan funds are still available,…

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