Maintaining Medicare “Conditions of Participation” Following a Shift in Ownership
By Sarah Fisher The U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), as well as Louisiana’s State Licensing Boards, have an interest in determining whether Medicare providers meet, and continue to meet, the Medicare Conditions of Participation. Medicare providers include nursing homes, hospitals, doctors & clinicians, home health services, hospice care, inpatient rehabilitation […]
Civil Monetary Penalties relating to Medicare and Medicaid Services
By Bruce Cranner The Centers for Medicare and Medicaid Services (CMS) has finalized and published the rule specifying how and when it will calculate and impose civil monetary penalties (CMPs) when Group Health Plan (GHP) and Non-Group Health Plan (NGHP) Responsible Reporting Entities (RREs) fail to meet their Medicare Secondary Payer (MSP) reporting obligations. The […]
Ethics and Hidden Greed: Ethical Behavior is Essential to Success
Robert G. Docters, JD, MBA. Bruce A. Cranner, JD—Partner, Milling Benson Woodward, L.L.P. Lawyers must be attuned to every detail in their practices. Similarly, in promoting ethics, ethics champions must become aware of the small violations, before they become major violations. This requires effort and skill because ethical violations are not obvious. That effort is […]
Being a Good Citizen Comes with Protection from Liability
By Nick Isolani Louisiana’s Good Samaritan law ensures that citizens who render aid to their fellow citizens in emergency situations are immune from liability. Louisiana Revised Statute 9:2793 provides that “[n]o person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency… shall be liable for any […]
What is Your Potential Liability to Neighbors for Fallen Trees?
The tragic accident at Jackson Square in July of this year is a reminder that everyone in Louisiana should be aware of tree safety and liability issues in general and particularly as relates to windstorms and hurricanes. What ae the factors that could affect a landowner’s liability for damage caused by all or part of […]
Replacement Cost Coverage: Yes, you have to do the work to recover replacement cost value
By Shannon Eldridge Many property owners have had to make a claim for property damage from a covered cause of loss. While many insure their property to “actual cash value”, others purchase “replacement cost” coverage for their property. The premium for replacement cost is greater than that for actual cash value coverage due to […]
Hurricane Season Forecast, Cancer Alley, Home Insurance Crisis
Shannon Howard-Eldridge was interviewed by the local Public Broadcasting news program relating to the Insurance crisis in Louisiana.
NO CGL INSURANCE COVERAGE FOR BREACH OF FIDUCIARY DUTY; ECONOMIC DAMAGES ARE NOT “BODILY INJURY”
In Discover Property & Cas. Ins. Co.; The Traveler Indemnity Co. of Connecticut v. Blue Bell Creameries USA, Inc. et al, 22-50842, the U.S. Fifth Circuit Court of Appeals considered an appeal of a summary judgment excluding coverage for the alleged breach of fiduciary duty and economic losses by the Blue Bell defendants associated with […]
Ensuring Safety During Fourth of July Celebrations: Common Types of Insurance Claims to be Mindful of
As the Fourth of July approaches, it is essential for individuals and families to be aware of the most common types of insurance claims that arise during this celebratory period. While Independence Day is a time of joy and festivities, it is also associated with certain risks that can result in unfortunate incidents. Milling Benson […]
Louisiana Lemon Law For Purchasers
What and Who Louisiana’s lemon law is governed by Louisiana Rev. Stat. Ann. § 51:1941, et seq. These laws protect consumer purchases of “motor vehicles”, which are defined as passenger motor vehicles or passenger/commercial motor vehicles, including any motor driven car, van, or truck required to be registered and that is used or designed to […]