Arbitration clauses in lease agreements have become commonplace and are often included as a matter of course. In theory, arbitration is supposed to be less expensive, provide faster results, and generally be more efficient than traditional litigation. In reality, many have found arbitration to be just as expensive as litigation, if not more so, and

The Texas Legislature has enacted new laws specifying requirements for lien waivers and releases. These new laws protect laborers and materialmen by preserving their lien rights until they get paid. The old, common practice of forcing subcontractors to sign otherwise enforceable “blanket lien waivers,” in exchange for the privilege of working on a project, is

The Texas Medicare Administrator Contractor changes from TrailBlazer to Novitas (formerly Highmark Medicare Services)

For many years, TrailBlazer Health Enterprises, LLC  (TrailBlazer) was both the fiscal intermediary (Part A) and carrier (Part B) for providers located in Texas.  TrailBlazer was responsible for the fee-for-service Medicare payments, local coverage decisions and physician enrollment into the Medicare

Here are some of the likely effects on landowners of the new Edwards Aquifer Authority v. Day decision by the Texas Supreme Court:

(1)    Landowners within the jurisdiction of the Edwards Aquifer Authority, who prior to this thought that they had no hope of pumping more groundwater than allowed by permits based on their historic

Needlesticks and Sharps Injuries

Congress passed the Needlestick Safety and Prevention Act (the NSPA) in 2001.  The NSPA directed OSHA to revise its Bloodborne Pathogens Standard to require employers to provide safety-engineered devices to workers who are at risk for exposure to bloodborne pathogens, to review the control plans describing employee protection measures at least

On February 17, 2012, the Texas Supreme Court held in Edwards Aquifer Authority v. Day that land ownership in Texas includes ownership of groundwater in place that cannot be taken without adequate compensation.  In the specific context of the Day case, this meant that the EAA could not deny Mr. Day the right to pump

The Office of the Inspector General (OIG) issued a press release alerting doctors and other providers to expect increased scrutiny from the OIG when reassigning their Medicare benefits to other entities.1  On February 8, 2012, OIG cautioned all providers to be more mindful of services billed under the provider’s Medicare number.  As a general

On February 24, 2012 the Centers for Medicare & Medicaid Services (“CMS”) released a Notice of Proposed Rulemaking setting forth the “Stage 2” Meaningful Use requirements.  The proposed rule specifies the Stage 2 criteria that eligible providers must meet in order to qualify for Medicare and/or Medicaid EHR incentive payments.

WHAT IS “MEANINGFUL USE”?

The

The three-day payment window policy which formally only applied to hospital payments, will now also apply to hospital-affiliated entities including physician practices, ambulatory surgery centers, or clinical lab facilities which provide Medicare Part B services.  Specifically, the Centers for Medicare and Medicaid Services (“CMS”) has expanded the three-day payment window to cover any hospital-associated entity