16 Jan

Physician's Guide to the Anti-Kickback Statute - Part II

This article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession.  Our initial article concerning the Anti-Kickback Statute (the “AKS”) titled “Physician’s Guide...

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30 Dec

Louisiana Legislature Develops Framework for Medical Marijuana Program

This year, Louisiana became the first southern state to develop a comprehensive, working medical marijuana program.  On May 19, 2016, Governor John Bel Edwards signed SB 271 into law, amending and reenacting La. R.S. § 40:1046.  As amended and reenacted...

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23 Nov

Breaking News: Texas Judge Issues Injunction Suspending Enforcement of the New Overtime Rules

On November 22, 2016, a Texas federal judge issued a preliminary injunction suspending enforcement of the new overtime rules promulgated by the U.S. Department of Labor (the "DOL"), which which were to go into effect on December 1, 2016.  Under...

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01 Nov

Louisiana's New Shareholder Oppression Statute: What to Know

This article was originally published by the Baton Rouge Bar Association in November, 2016 in its monthly publication, Around the Bar. See original. Prior to enactment of the Louisiana Business Corporation Act (“LBCA”) on January 1, 2015, minority shareholders of...

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31 Oct

Physician's Guide to the Anti-Kickback Statute - Part I

This article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. As we noted in our recent articles concerning the Stark law (the...

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27 Sep

Physician's Guide to Stark Law - Part II

This article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Our initial article concerning the Stark law titled “Physician’s Guide to Stark...

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24 Aug

Physician's Guide to Stark Law - Part I

This article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Physicians are under increasing scrutiny by federal and state enforcement agencies with...

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11 Jul

Selling or Closing a Medical Practice

This article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. You have decided to sell or close your medical practice. Your first...

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23 May

Don't Take the Bait: Understanding and Preventing Phishing Attacks

Scammers and hackers are increasingly using email attacks to commit identity theft and steal sensitive information.  While the popular portrayal of a hacker is someone exploiting defects in software and hardware to steal information, the truth is that most breaches...

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27 Apr

CMS Releases Final Medicaid Rule Addressing Supplemental Payments in Managed Care

On Monday, the Centers for Medicare and Medicaid Services (CMS) released its anticipated final rule on Medicaid managed care to be published in the Federal Register on May 6, 2016.  Among other important updates, the new regulations address policy standards...

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12 Feb

CMS Clarifies When Medicare Overpayments Must Be Identified

On February 11, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule on reporting and returning Medicare overpayments within sixty (60) days of identification.  42 CFR 401 and 405.  Under Section 6402(a) of the Affordable Care Act...

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05 Feb

Bipartisan Legislation Aims at Expanding Telehealth Services

On Wednesday, Senate and House lawmakers introduced the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act (S. 2484 in the Senate and H.R. 4442 in the House), bipartisan legislation that would expand Medicare reimbursement of...

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31 Jan

Nunez V. Pinnacle Homes, LLC: Louisiana Supreme Court Narrows Professional Duty Exception To Personal Liability of LLC Members

The members of a Louisiana limited liability company (“LLC”) typically enjoy limited liability for work performed in the course of LLC business.  However, in 2013 the Louisiana Supreme Court shockingly found that a licensed contractor may be held individually liable...

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21 Dec

The Potential Liability of Becoming a Member of a Worker's Compensation Group Self Insurance Fund

Overview Numerous Worker's Compensation Group Self Insurance Funds ("Group Funds") have been established since Louisiana authorized their formation in 1980s. Many employers have been drawn to Group Funds that promote themselves to a specific industry and purport to provide convenience and...

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18 Nov

Understanding Physician Employment Agreements

This article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Whether you are a new or experienced physician considering joining a medical...

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05 Oct

Unanimous Governance Agreements - Another Innovation of the New Louisiana Business Corporation Act

One of the major innovations of the recently enacted Louisiana Business Corporation Act (LBCA), La. R.S. 12:1-101 et seq., is its authorization of the shareholder governance device known as a unanimous governance agreement.  La. R.S. 12:1-732.  A duly adopted unanimous...

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01 Sep

Avoiding Confusion in Conversion: Ten Bullet Points to Help Providers Transition from the ICD-9 to ICD-10 Code Sets

After several delays, the U.S. Department of Health and Human Services issued a rule confirming that October 1, 2015 is the definitive compliance date for HIPAA-covered entities, i.e., health care providers, health plans, and health care clearinghouses, to transition from...

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31 Aug

Takin' Care of Business and Working Overtime: U.S. Department of Labor Issues Proposed Rule Raising the Overtime Threshold

On June 30, 2015, the U.S. Department of Labor issued a proposed rule that would raise the overtime threshold under the Fair Labor Standards Act (the “FLSA”) to a “standard salary level equal to the 40th percentile of earnings for...

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17 Jul

Louisiana's Standard Termite Contracts: Are You Protected Against Damage To Your Home Caused By Termite Infestation?

Allie Gaiter is a lifelong resident of Louisiana and has owned a modest home in Pierre Part, Louisiana for the past 20 years.  Allie recently noticed damaged wood around her kitchen window and discolored sheetrock in the adjoining breakfast nook. ...

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16 Jul

Notifying Louisiana Citizens That Their Data May Have Been Compromised: Your Obligations Once the E-Fox Breaches Your Henhouse

Companies are always looking for ways to improve their customers' experiences, offer their customers new products and services, and anticipate their customers' future needs.  Technological improvements have driven companies into more data-centric models—looking at their customer's habits, how they pay...

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01 Jun

Get Out the Vote! The New Louisiana Business Corporation Act Changes the Minimum Shareholder Vote Required for a Merger

Boards of directors of Louisiana corporations, take heed: if you are considering a merger, be mindful of a change effected by Louisiana's new Business Corporation Act (La. R.S. 12:1-101, et seq.) which took effect January 1, 2015 (the “LBCA”) with...

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01 May

Take Note: Louisiana Law Amended to Allow Use of Reproduced Images of Promissory Notes as Evidence in Executory Proceedings

La. R.S. 13:3733.1 addresses the situations in which the reproduction of an original record by a financial institution is deemed an "original," as that term is defined in Article 1001 of the Code of Evidence. In 2014, the Louisiana Legislature...

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08 Apr

Non-Compete Provisions Remain Enforceable Against Physicians in Louisiana

In the recent case of Cardiovascular Institute of the South v. Abel, 2014-1268 (La. App. 1 Cir. 3/9/15), 2015 WL 1019500, a Louisiana court of appeal affirmed a trial court’s ruling that a valid non-competition agreement was enforceable against a...

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31 Mar

Paid for By" Lines in Political Advertisements: Are They Required?

The Louisiana Election Code, La. R.S. 18:1 et seq., sets forth the applicable standards for political advertisements printed in connection with Louisiana local and state elections.  According to La. R.S. 18:1505.3, a political advertisement paid for by the candidate, the...

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28 Feb

Keeping the Limit in "Limited Liability": Owners of Multiple Businesses Must Guard Against Enterprise-wide Liability in Louisiana

While most business owners are familiar with the need to form an entity to insulate personal assets or an existing business from liability associated with a new or different business, there is an additional type of liability exposure that should...

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02 Dec

Build a Brand of Distinction: The Role of Federal Trademark Protection in Your Marketing Strategy

Protecting your company's brand is becoming increasingly important in today's economy. With the massive growth of the internet, businesses can project their image world-wide with ease. Given this reality, having a distinctive brand and protecting one's intellectual property has become...

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28 Nov

Louisiana's Mental Capacity Requirements for the Execution of a Last Will and Testament

Uncle George is 82 years old and has begun to exhibit significant memory disturbances over the last six months. Concerned family members scheduled an appointment with Dr. Cranium, a local neurologist, to examine Uncle George’s deteriorating mental condition. Dr. Cranium...

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15 Oct

Designing Terms of Use and Privacy Policies in the Internet Age

As more and more of our world moves online, and more and more businesses establish an online presence or platform, it has become essential for every company with an online presence to protect itself from claims by users of its...

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15 Oct

Louisiana's New Business Corporation Act Permits Issuance of Shares for Promissory Notes, Contracts for Future Services

In a departure from prior corporate law, La. R.S. 12:1-621B of Louisiana's new Business Corporation Act, adopted pursuant to Act No. 328 of the 2014 Louisiana Legislative Session and scheduled to take effect January 1, 2015, permits corporate boards of...

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16 Aug

New Privacy Protection For Louisiana Employees: The Personal Online Account Privacy Protection Act, Effective August 1, 2014

Louisiana recently became one of seventeen states that have enacted laws banning employers and potential employers from demanding the usernames and passwords to personal online accounts, including social media, networking and email accounts, of employees and prospective employees.  Louisiana’s “Personal...

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11 Aug

Louisiana Business Corporation Act Provides New Remedy for Oppressed Minority Shareholders

During the 2014 legislative session, the Louisiana State Legislature adopted Act No. 328, which provides for a comprehensive restatement of the Louisiana Business Corporation Law (La. R.S. 12:1 et seq.). Act No. 328, which will be effective as of January...

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11 Aug

Fifth Circuit Permits Retaliatory Discipline Claim to Proceed Despite Upholding Dismissal of Wrongful Termination Claim

Title VII of the Civil Rights Act makes it an unlawful employment practice for any employer to engage in employment discrimination against any individual based on that person's race, color, religion, sex, or national origin. 42 U.S.C. § 1981 gives...

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07 Jun

Self-Referral Disclosure Requirements for Louisiana Physicians

Under federal and Louisiana self-referral law, physicians practicing in Louisiana must disclose to their patients certain ownership and/or investment interests that they have in hospitals or outside service companies—such as durable medical equipment companies, laboratory companies and compound pharmacy companies—to...

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