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Recreational Use Immunity: Protecting Landowners From Risks In Public Recreational Activities

Posted on June 26, 2019 by

It seems sometimes that no good deed goes unpunished. Landowners who permit access to their property for outdoor enthusiasts to engage in their favorite recreational activities – such as camping, hiking and hunting – could risk liability for doing so. But a Wisconsin law called the Recreational Use Immunity statute provides private landowners a layer […]

Congress Creates a Mess by Enacting the Eliminating Kickbacks in Recovery Act of 2018

Posted on June 13, 2019 by

Congress has activated a new Anti-Kickback law known as Eliminating Kickbacks in Recovery Act of 2018 (commonly referred to as EKRA).  The new Anti-Kickback law applies to arrangements involving recovery homes, clinical treatment facilities, and laboratories. Congressional intent for enacting EKRA was noble.  It wanted to clarify that brokering of opioid use disorder patients for […]

Is My IRA Safe From the Nursing Home?

Posted on June 11, 2019 by

After working and saving, clients are concerned that unexpected costs will become unplanned for drains on their Retirement Accounts (e.g, 401(k), IRA, Roth IRA, 403(b), etc.). As the need to pay for nursing home care nears, those concerns grow and questions begin to be asked about whether retirement accounts are safe from the nursing home. […]

Apply the 60-Day Rule to Medicaid Overpayments

Posted on May 30, 2019 by

The Affordable Care Act requires any person who has received an overpayment from certain defined government health programs to report and return the overpayment within 60 days after the overpayment is identified.  If an overpayment is not repaid, or if a self-disclosure is not made before the expiration of the 60-day period, the overpayment amount […]

The Federal Government Really Wants You to Take Self Disclose

Posted on May 28, 2019 by

The Department of Justice (DOJ) along with other health care fraud enforcement agencies, continue to send strong signals that they want businesses to police themselves for potential compliance issues and self-disclose where infractions are found.  The fact of the matter is the government simply does not have enough resources to track down and take action […]

2020 HSA Contribution Limits are Announced

Posted on May 28, 2019 by

Today the IRS announced the HSA limits for calendar year 2020.  Hard to believe we are already talking 2020, especially after a Memorial Day weekend in Wisconsin where the air conditioning and furnace were both needed.  As you long for summer, look forward to slightly higher limits in 2020, as set forth in the chart […]

The Essence of Compliance – Compliance Officer Authority and Resource Allocation

Posted on May 24, 2019 by

How Are Compliance Budgeting and Compliance Officer Autonomy Tied Together When Assessing Compliance Effectiveness? The Department of Justice (“DOJ”)’s compliance program evaluation identifies the need to allocate sufficient revenues to the compliance program as one of the key issues that indicates compliance program effectiveness.  The issue of resource allocation has been identified since the early […]

Carefully Consider Fiduciary Obligations

Posted on May 23, 2019 by

The sponsorship of a qualified retirement plan can be rewarding but frustrating – there are so many rules. Unfortunately agricultural employers are not given a break when it comes to sponsoring such retirement plans. Examples of qualified retirement plans are 401(k) plans, profit-sharing plans and money-purchase plans. Leaving the tax rules for another day — […]

HIPAA this, HIPAA that. Everything is a HIPAA Issue. Deconstructing the “HIPAA Bias.”

Posted on May 21, 2019 by

HIPAA, as a body of regulations protecting the confidentiality of patient health care information, has been branded very effectively.  Most staff at your average health care facility know about HIPAA and that it protects the confidentiality of a patient’s health care information.  They understand they cannot go home and discuss patients they treat and that […]

DOJ’s New Evaluation of Corporate Compliance Programs – A Good Time to Focus on the Essence of Compliance

Posted on May 20, 2019 by

The Criminal Division of the United States Department of Justice (DOJ) recently released an update (April, 2019) to its Evaluation of Corporate Compliance Programs (Evaluation).  The Evaluation was first introduced in 2017 to provide guidance for prosecutors to consider when conducting investigations, determining whether to bring charges, and negotiating plea and other agreements.  The Evaluation […]