“Use” of a trademark or service mark under U.S. trademark law is often misunderstood. Even the best-intended trademark owners encounter unexpected, sometimes fatal, barriers in their attempts to register their marks and maintain their registrations.
Lisa Pierce Reisz, a partner in the Vorys Columbus office, and Stephanie Angeloni, an associate in the Vorys Akron office, authored an article about HIPAA compliance for the May 13, 2013 edition of Crain’s Cleveland Business.
Under the pay-or-play penalties going into effect next year, an employer is subject to penalties if it does not offer "affordable" health coverage to its full-time employees (using the new 30-hour federal standard). The IRS has now proposed that premium discounts and other rewards for participation in an employer-sponsored wellness program not be taken into account in determining whether the health coverage offered by your company is affordable.
On April 24, 2013, the Centers for Medicare and Medicaid Services (CMS) issued a Proposed Rule revamping the Medicare Incentive Reward Program (IRP) and providing CMS with greater discretion to deny or revoke enrollment privileges to certain providers and suppliers posing a higher risk of fraud to the Medicare program.
On April 17, 2013, the Office of Inspector General (OIG) of the United States Department of Health and Human Services (HHS) issued a notice completely revising its Provider Self-Disclosure Protocol (SDP). OIG originally published the SDP in 1998 to establish a process for providers to voluntarily identify, investigate, disclose and resolve potential fraud involving federal health care programs.
The Ohio House Finance and Appropriations Committee accepted a substitute version of House Bill 59, the state’s biennial budget bill, at a hearing yesterday afternoon. Among numerous significant changes in the bill, the substitute legislation removes Governor Kasich’s proposed tax reforms and replaces them with an across the board 7% income tax reduction, and removes the proposed expansion of Medicaid that was projected to leverage $2.4 billion in federal funds to provide coverage for uninsured Ohioans over the next two years.
The U.S. Customs and Border Protection (CBP) published an interim final rule on March 27, 2013, indicating its intention to automate its Form I-94, Arrival/Departure Record. Form I-94, among other purposes, provides documentation of the admission and approved length of stay for individuals in a temporary immigration status.
The U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petition to reach the statutory cap for the fiscal year 2014. USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013.
Jeffrey A. Marks, a partner in the Vorys Cincinnati office, authored a chapter for Inside the Minds: Creditors’ Rights in Chapter 11 Cases. Marks’ chapter was titled “Real Estate Chapter 11 Filings: Key Issues.”
Vorys attorneys Daniel Buckley, Lisa Babish Forbes, Elizabeth Weinewuth and Elizabeth Davis Conway authored an article for the Probate Law Journal of Ohio titled "Important Guidance for Ohio Trustees: Newcomber V. National City Bank."
Jonathan Ishee, of counsel in the Vorys Houston office and a member of the health care group, authored “The Rise of Hospital Outpatient Departments in the Era of Decreased Provider Reimbursement” for the April 2013 edition of the American Health Lawyers Association’s Business Law & Governance publication.
On March 14, 2013, Representative Jared Polis (D-CO) introduced a bill (H.R. 1154) to amend the Clean Air Act (CAA) to eliminate the exemption for aggregation of hazardous air pollutants from oil and gas sources. CAA § 112(n)(4) currently prohibits the aggregation of emissions from "any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station."