elevating law in evansville, in

phone: (812) 402-1600

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We have extensive experience with the following areas: Petroleum, Litigation, Real Estate and more.

We advise business in the following areas: Employee Benefits, Litigation, Business Advisory and more.

For those seeking counsel in real estate matters, our areas of expertise include: Construction, Development, Land Use, Litigation and more.

We handle many private matters for individuals, including: Adoption, Custody, Divorce, Domestic Partnership, Estate Planning and more.

Every criminal case is a serious matter. There are lifelong consequences for any person accused or convicted of committing a crime.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

As a part of the "American Recovery and Reinvestment Act of 2009" a civil penalty structure was put in place for Health Insurace Portability and Asccountability Act (HIPAA) violations.

Our experience uniquely qualifies us to advise in governmental issues: Annexation, Associations/Non-Profits, Cities, Towns, & Counties, Colleges & Universities, Economic Development, Elections and more.

We provide legal advice for businesses in the following areas: Agribusiness Energy, Diversified Businesses, Emerging Businesses, Federal & State Tax, Finance, and more.

Probate is the court procedure by which a decedent’s property is administered for the purpose of passing ownership of assets remaining in the decedent’s name at his/her death.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

Healthcare Law News - Volume 40

HARMFUL PRESCRIBERS

Medicare wants a new rule giving CMS the power to bar physicians and other providers who engage in abusive prescribing, CMS also wants to require all physicians prescribing Part D patients pharmaceuticals to have to enroll in Medicare, verifying their credentials, and disclosing professional discipline and criminal history.  The proposal would take effect January 1, 2015.

Oddly, the proposed rules do not require diagnosis codes on prescriptions to determine whether they are appropriate, nor does it require private insurers in Medicare Part D to report suspected abuse, fraud and waste.  However, the rule would allow Medicare’s outside fraud contractor to the power to access patient medical charts directly rather than to request them from insurers.  This, obviously, raises substantial privacy questions, and also the potential for massive disclosure breaches by the outside fraud contractor.  We expect a large number of public comments on the proposed rule.

DERMATOLOGIST HAS HIPAA RASH

$150,000 was the settlement amount, plus the institution of a corrective action plan for a dermatology practice that lost an unencrypted thumb drive.

It appears that AP Derm made a number of errors, including having someone else report to HHS regarding the loss of data.  The investigation also revealed that AP Derm did not conduct either an accurate or thorough review of the potential risks and vulnerabilities to their confidential PHI as part of the required security management and risk analysis process.  This, in addition to AP Derms failure to comply with HITECH Breach Notification Rules, resulted in a stiff payment.  One wonders whether compliance with the rule might have been much less expensive.

2014 PLAN LIMITS

               2013 2014

Annual Compensation for plan purposes(for plan years beginning in calendar year) 401(a)(17)

$255,000 $260,000  
Defined benefit plan, basic limit (for limitation years ending in calendar year) 415(b) $205,000 $210,000
Defined contribution plan, basic limit (for limitation years ending in calendar year) 415(c) $51,000 $52,000
401(k)/403(b) plan, elective deferrals (for taxable years beginning in calendar year) 402(g) $17,500 $17,500
457 plan, elective deferrals (for taxable years beginning in calendar year) $17,500 $17,500
401(k)/403(b)/457, catch-up deferrals (for taxable years beginning in calendar year) (Age 50+)414(v) $5,500 $5,500
SIMPLE plan, elective deferrals (for calendar year)408(p) $12,000 $12,000
SIMPLE plan, catch-up deferrals (for taxable years beginning in calendar year) (Age 50+)408(p) $2,500 $2,500
IRA contribution limit 408(a) $5,500 $5,500
IRA catch-up contribution (Age 50+) $1,000 $1,000
Highly Compensated Employee 414(q) $115,000 $115,000
SEP Coverage 408(p) (Compensation limit) $550 $550
Key Employee $165,000 $170,000
ESOP 5-Year Distribution period 409(o)(1)(c)(ii) $1,035,000 $1,050,000

         


This newsletter is edited by Paul Wallace of Jones • Wallace, LLC, a member of the American Bar Association Healthcare Law Section and the American Health Lawyers Association who has been representing physicians and healthcare practices for over 25 years.  Mr. Wallace assists physicians in health practices in contract items, federal legal compliance, creation of practice entities, estate and wealth planning and similar issues.  Please feel free to call if you have any questions about this newsletter or any other matter at (812) 402-1600 or pwallace@joneswallace.com.