Duane Morris LLP: Centers for Medicare and Medicaid Services Releases Proposed Rule on Reporting and Returning of Overpayments

The U.S. Centers for Medicare and Medicaid Services (CMS) released a long-anticipated proposed rule on reporting and returning of overpayments on February 16, 2012. The proposed rule is part of CMS's recent effort to respond to increased Medicare spending through expanded efforts to reduce fraud...

Duane Morris LLP: Supreme Court Addresses Whether Supremacy Clause Provides Private Right of Action to Challenge Medicaid Cuts in Douglas v. Independent Living Center

Representing the latest decision involving Medicaid providers' attempts to judicially combat cuts to Medicaid reimbursement, on February 22, 2012, the U.S. Supreme Court handed down a five-to-four decision in Douglas v. Independent Living Center of Southern California (" Douglas "). At...

Duane Morris LLP: CMS Delays Data Collection Under ACA's Physician Payments Sunshine Act to January 1, 2013

On May 3, 2012, the Centers for Medicare and Medicaid Services (CMS) officially announced that it will delay data-collection and reporting requirements under the Patient Protection and Affordable Care Act's (ACA) Physician Payments Sunshine Act (the "Sunshine Act"), due in part to the large...

Duane Morris LLP: Federal Estate Tax Equality for Same-Sex Couples

On June 6, 2012, in Windsor v. United States , U.S. District Judge Barbara Jones in the Southern District of New York granted summary judgment to Edith Windsor and created a precedent that is likely to positively affect same-sex married couples for years to come. Edith was awarded $353,053, plus interests...

Duane Morris LLP: PBGC Asks Bankruptcy Court to Treat Prior Sale of Interest in Debtor As Prohibited Attempt to Evade ERISA Pension Liability

The Pension Benefit Guaranty Corporation (PBGC) filed an objection on June 14, 2012, in the Delaware bankruptcy court proceedings of RG Steel ("Debtor"), challenging a recent sale by RG Steel's parent entity ("Parent") of a 25-percent ownership stake in the Debtor. If the sale...

Duane Morris LLP: Patient Registrations for Medical Marijuana Use Begin in New Jersey

More than two years after the passage of New Jersey's Compassionate Use Medical Marijuana Act ("Act"), patients are now able to register and receive state-issued identification cards to obtain prescriptions for medical marijuana. Formal patient registrations began approximately two weeks...

Duane Morris LLP: Post-Election 2012 Tax Planning Alert: Practical Tax Planning Tips for You, Your Family and Your Business

This Alert is designed to offer easy to understand and easy to implement year-end tax strategies in times of incredible tax uncertainty. This Alert is also designed to stimulate thought and inspire action during one of the most challenging year-end tax planning environments in recent history. Legislation...

Duane Morris LLP: ACOs and Long-Term Care: Don't Get Left Behind

With the U.S. Supreme Court decision ratifying President Obama's Patient Protection and Affordable Care Act (the "Affordable Care Act"), the implementation and development of accountable care organizations (ACOs) continued in full force this past summer. While most are likely to agree that...

Duane Morris LLP: Deadline Looming (March 23, 2013) for Nursing Facilities to Have "In Operation" an "Effective Compliance and Ethics Program"

On March 23, 2013, it will have been three years since President Obama signed the Patient Protection and Affordable Care Act (ACA) into law. This date is a significant one for the nursing home industry, not because it marks the third anniversary of the ACA, but because it marks a key deadline. As the...