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It’s a Bird – It’s a Plane – It’s the Final Overtime Rule!!!

Posted on September 24, 2019 by

The long wait is over. Today, the U.S. Department of Labor confirmed the final rule on the overtime “white collar” exemptions. Effective January 1, 2020, the minimum salary level for exempt workers will be $684 per week ($35,568 annualized). As you may remember, in 2015, the DOL attempted to increase the exemption to $913 per […]

Announcement re DMC Deadline Extension

Posted on September 23, 2019 by

The U.S. Department of Agriculture (USDA) extended the deadline from September 20 to September 27 for dairy farmers to enroll in the Dairy Margin Coverage (DMC) program for 2019. Enacted in the 2018 Farm Bill, this safety-net program offers risk-protection to dairy producers when the difference between the all-milk price and the average feed cost […]

Proposed Revisions to the SAMHSA Regulations Would Permit Non-Part 2 Providers to Reference Part 2 Treatment in Patient Records

Posted on September 23, 2019 by

Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations. The SAMHSA regulations were completely recast in two sets of regulatory revisions that were issued in 2017 and 2018. One […]

My Parents Want to Leave My Son With Special Needs an Inheritance…Will He Lose His Benefits?

Posted on August 28, 2019 by

Leaving an inheritance to a loved one with special needs who is or will be receiving government benefits (SSI, medical assistance, long term care services) is tricky and can have unintended negative consequences if not done carefully. Well-meaning gifts may result in the loved one (who I will refer to as the “Special Needs Beneficiary”) […]

Farm Family Probate

Posted on August 9, 2019 by

The family farm has always been unique from an estate-planning perspective. Unlike many traditional businesses, a farm business typically holds a disproportionate amount of illiquid assets such as real estate, equipment, crops and livestock. It often has few liquid assets. Important planning needs to take place to deal with the incapacity or death of family-farm […]

Long-Term Care Insurance – Is it an Option for You?

Posted on July 17, 2019 by

As our aging population grows so does the cost of nursing homes, assisted living facilities, and in-home care services.  Contrary to popular belief, Medicare will only cover certain short-term stays and typically will not cover non-rehabilitative long-term care.  This leaves many elderly and disabled individuals with few options for covering costs.  Often, at first, family […]

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. […]

Tips for Farmers on Long-Term Care Costs

Posted on May 30, 2019 by

Harry and Sally want to pass their farm operation to their children. Ideally, they would also like to receive some income from the farm.  Because Harry and Sally do not have long-term care insurance, they are worried that if they need medical assistance (e.g., Medicaid) to help pay for long-term care such as a nursing […]