Clearing a building site inside a crowded city can often be efficiently done by “imploding” existing structures utilizing high explosives.  While the science of demolition by implosion is mature and can be implemented safely, neighboring property owners have legitimate concerns about damage from flying debris, dust, ground vibration and air blast overpressure.  At the same…

There can be no debate that social media has successfully invaded every aspect of our culture and our lives.  I am sticking with a fairly mainstream definition: Social media includes the various online technology tools that enable people to communicate easily via the internet to share information and resources.

To the extent you find that…

On May 3, 2012, the Centers for Medicare and Medicaid Services (CMS) Blog posted a delay to the implementation of the Physician Payments Sunshine Act.  CMS stated that, in order to provide time for organizations to prepare for data submission and to sufficiently address the important input CMS received during the rulemaking process, CMS will…

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…

On March 30, 2012, the Fourth Circuit reversed a $44 million judgment against Tuomey Hospital (Tuomey) for contracts that Tuomey had with physicians that allegedly violated the federal Stark law.  Stark law prohibits physicians from referring patients to health care entities for designated health services that will be paid for by Medicare if the physician,…

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…