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35 Results for Articles published in May 2014 In The Blue Ink Blog.

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Denying Unemployment Benefits is Starting to Work

Posted on May 9, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

The definition of misconduct under the Wisconsin Unemployment Compensation Law was changed as of the first of the year. We are now starting to see decisions under this new standard that limit employees from receiving unemployment benefits when being term…

Attorney Matthew D. Rowe Elected to Meritas Board of Directors

Posted on May 13, 2014, Authored by ,

Ruder Ware is pleased to announce the appointment of Attorney Matthew D. Rowe to the Board of Directors for Meritas, a global alliance of independent business law firms. Mr. Rowe was elected to the position at the alliances recent annual meeting. In…

Ruder Ware Launches Banking and Financial Matters blog

Ruder Ware is launching a new blog, Ruder Ware Banking & Financial Matters, which will have posts prepared by members of Ruder Ware's Banking & Financial Institutions Focus Team. Our attorneys handle a wide variety of matters for banks and other financia…

Employers Should Take Required FMLA Notices Seriously - But All Hope is Not Lost if Mistakes are Made

Posted on May 13, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

When an employee requests a leave of absence that may be for an FMLA-qualifying reason, his or her employer is required to provide notice to the employee of eligibility for leave under the FMLA (as most employers are aware, the Department of Labor has cr…

Revisit Your Choice of Entity - Is Pass-Through Taxation Right For You?

Posted on May 16, 2014, Authored by Amy E. Ebeling
Amy E. Ebeling
Attorney
Wausau Office
, Filed under Tax Deductions

Did you pay more tax on the income generated by your business or investments in 2013 than in years past? With the 2013 tax year in the books, we are getting our first look at the impacts of the American Taxpayer Relief Act of 2012 and the 3.8% net invest…

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Posted on May 16, 2014, Authored by ,

Is Life Insurance a Suitable Investment? Trustees No Longer Required to Monitor Suitability

Posted on May 18, 2014, Authored by Shanna N. Yonke
Shanna N. Yonke
Attorney
Wausau Office
,

Under existing Wisconsin law, the trustee of an irrevocable trust that owns life insurance contracts is required to monitor the contracts to determine whether they are suitable investments for the trust and, if necessary, to take steps to prevent the lap…

Self Disclosure and Repayment: Employment of Excluded Party

Posted on May 19, 2014, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

One area it is relatively common to find compliance infractions involves the employment of individuals by a health care provider who may be listed on the list of parties who are excluded from federal health care programs. Most providers have integrated r…

Messenger Model Contracting - A Structure of the Past

Posted on May 19, 2014, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

There are many organizations around the country that use a messenger model as a managed care contracting mechanism. Under the messenger model, an intermediary is used to shuttle offers from managed care organizations to individual providers who sign on t…

OIG Proposes New Civil Monetary Penalty Rules

Posted on May 19, 2014, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

On May 12, 2014, the Office of Inspector General (OIG) published a proposed rule that would amend the civil monetary penalty (CMP) rules of the OIG to incorporate new CMP authorities, clarify existing authorities, and reorganize regulations on civil mone…

Access to Company Property During Off-Duty Time - No Restrictions

Posted on May 21, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

An employer would normally think that it could pass a work rule that says an employee does not have access to company property when the employee is off-duty and not working. This makes sense, because there is no reason for the employee to be on company p…

CMS Changes Meaningful Use Timeline

Posted on May 21, 2014, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

The Centers for Medicare and Medicaid Services (CMS) issued a new proposed rule today that changes the timeline for meaningful use electronic health record (EHR) technology. The new proposed rule would be consistent with previous CMS announcement regard…

Texting While Driving - Illegal But Paid

Posted on May 21, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Many municipalities and states have adopted a law that prohibits texting while someone is driving. Individuals are prohibited from texting or even dialing the phone while driving. This prohibition is probably violated much more than it is complied with, …

Jointly Providing Health Care Fee Information to Payors

Posted on May 22, 2014, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

As health care provider networks move down the path toward clinical integration, we are often asked to provide guidance on how information can be jointly provided to payors. The antitrust laws recognize that collective sharing of some pricing informatio…

Provider Self Disclosure Process

Posted on May 22, 2014, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

A growing area of the health care legal practice involves counseling clients on issues that could require self disclosure under OIG or CMS procedures. The Office of Inspector General has procedures that a provider may follow to disclose possible violat…

Punt Blocked - Former Green Bay Packers Kicker Found Guilty of Defrauding the IRS with Two Las Vegas Businessmen

Posted on May 29, 2014, Authored by Amy E. Ebeling
Amy E. Ebeling
Attorney
Wausau Office
, Filed under Tax Deductions

A federal jury in Las Vegas found a former NFL punter, Joseph Prokop, and two Las Vegas businessmen guilty of defrauding the IRS and aiding in the preparation of false tax returns. The three men used two Nevada companies named the "National Audit Defense…

Off-Duty Conduct - Taking Adverse Employment Action

Posted on May 29, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

There is a lot of controversy today about the right of an employer to take adverse employment action (i.e. firing someone) for off-duty conduct. Employers have more access to things happening outside the workplace and are very concerned about their overa…

Could Religious Leaders Be Taxed on Their Housing?

On November 22, 2013, the federal district court for the Western District of Wisconsin struck down Internal Revenue Code Section 107(2) which exempts from income tax any compensation that is received by a "minister of the gospel" which is considered a ho…

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