Mon., May 20, 2013

Client Advisories

Special Fraud Alert: Physician-Owned Entities
On March 26, 2013, the Office of Inspector General of the U.S. Department of Health and Human Services issued its long-awaited "Special Fraud Alert: Physician-Owned Entities" regarding physician-owned entities. The OIG Alert signals the OIG's stance PODs and similar arrangements are highly suspect for fraud and abuse violations. It further dismisses common justifications for the POD business model. This Alert has significant implications for physicians, practices, hospitals, surgical centers, healthcare facilities, manufacturers, distributors and patients.

You can access a brief discussion of the OIG Alert here. (opens in a new window)
Please contact Chet Hosch for additional information regarding this new meaningful challenge.

2012 Taxpayer Relief Act changes now effective.
SWF Founding Partner Warren O. Wheeler has written a brief summary of changes made by the Taxpayer Relief Act of 2012 that may affect your estate planning.

You can access Mr. Wheeler's summary by clicking here. (opens in a new window)
Please contact Warren Wheeler if you need additional information.

National Labor Relations Board again postpones effective date for its employee rights posting rule - this time until April 30, 2012.
The National Labor Relations Board ("NLRB") last year finalized a rule requiring covered employers to notify employees of their rights under the National Labor Relations Act ("NRLA"). The Notice informs all employees of their rights under the NLRA to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. The posting requirement applies to all private-sector employers subject to the NLRA, which excludes agricultural, railroad and airline employers. Affected employers can download a copy of the Notice from the NLRB's website at www.nlrb.gov/poster.

The rule was originally effective November 14, 2011. On October 5, 2011, The National Labor Relations Board postponed the effective date for its employee rights posting rule until January 31, 2012. On December 23, 2011, the NLRB announced that it would again postpone the effective date until April 30, 2012, at the request of the federal court in Washington, DC hearing a legal challenge to the Board's authority to require the posting and create sanctions for noncompliance. The NLRB stated postponing the effective date of the rule would facilitate the resolution of the rule-related lawsuits filed.

The NLRB's question and answer section about the new rule is here. (opens in a new window)
Please contact Lynn Stewart if you need additional information.