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The Nebraska Legislature has twelve legislative days left in the 2017 session. This week, the Legislature will finalize the biennial budget in an effort to close the projected $900 million shortfall.  Also, the Legislature may again take up a measure to fund property tax, and potentially, income tax, relief (AM 1353...
Baird Holm LLP is pleased to welcome Sarah J. Applegate, Austin S. Graves, Robert T. Griffith, Patrick M. Kennedy and Natalie M. Williams to the firm's annual Summer Associate Program. Read Full Press Release...
DHHS Inspector General Daniel R. Levinson's keynote address at the 2017 Health Care Compliance Association ("HCCA") Compliance Institute in late April focused on the future of compliance, targeting several key themes: This is Compliance 2.0. IG Levinson noted that the compliance industry is about 20 years old and we are entering...
A new safe harbor under the Anti-Kickback Statute ("AKS") permits providers to offer free or discounted transportation services to patients.  The safe harbor permits both direct transportation offered to individuals, and shuttle services that follow a regular route, subject to a number of conditions. The conditions for the safe harbor resemble...
Since its original adoption in 1982, Securities and Exchange Commission ("SEC") Regulation D, Rule 504 has been limited in amount to the issuance of no more than $1 million in securities in a 12-month period.  Effective January 20, 2017, the SEC increased the maximum offering amount to $5 million in a...
Prior to the enactment of the Patient Protection and Affordable Care Act (the “Act”), CMS had no express authority to negotiate settlements of, and reduce the liabilities associated with, Stark violations.  Providers had two alternatives: (i) the provider could repay the entire amount paid by Medicare as a result of prohibited...
The Nebraska Department of Revenue (the "Department") recently issued guidance on calculating eligible expenditures for earning state historic tax credits under the Nebraska Job Creation and Mainstreet Revitalization Act (the "Act").  The Act provides $15 million in tax credits annually for applicants rehabilitating historically significant property to offset Nebraska income tax,...
For the sixth consecutive year, Baird Holm LLP has successfully met the criteria to achieve the National Safety Council Nebraska's Award of Honor With Distinction. This award will be presented at Nebraska's Safest Companies Award Luncheon, held in conjunction with the Annual Safety and Health Summit, on Wednesday, May 24, 2017. ...
On December 20, 2017, the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), issued a Final Rule that requires federal contractors to follow new privacy training procedures with regard to handling and protecting "personally identifiable information" or "PII."  PII refers to any information...
There are lots of Federal Contractor odds and ends to discuss since President Trump's inauguration.  Let's get caught up! Trump Signs Executive Order to Roll Back Regulations In late January 2017, President Trump signed an Executive Order to eliminate two federal regulations for every one regulation enacted.  Given the numerous regulations...
Baird Holm's David C. Levy was featured in a Midwest Real Estate News article. The article, "More good times in Omaha: Commercial real estate market showing no signs of a slowdown in 2017," examines Omaha's growing commercial real estate market....
Baird Holm Partner David C. Levy moderated an April 25, 2017 discussion about Omaha's development between Omaha Mayor Jean Stothert and challenger Heath Mellow. The candidates discussed their views on development projects, historic buildings and transportation. Click here to read the Omaha World-Herald coverage of the discussion....
A recent Illinois case  highlights a dilemma that medical staffs often face when taking corrective action against peers, namely, whether and how to consider the physician's prior history as context for new concerns.  The case also reinforces the principle that the role of courts is typically limited to determining whether bylaws...
The Nebraska Legislature's Revenue Committee advanced legislation to reduce top individual and corporate income tax rates and change the method of valuing agricultural property. Amendment 954 to Legislative Bill 461 would reduce individual and corporate income tax rates in phases, from 6.84 percent to 5.99 percent, and from 7.81 percent to...
In accordance with section 404(e) of the Clean Water Act (the "CWA") and section 10 of the Rivers and Harbors Act of 1899, the U.S. Army Corps of Engineers (the "Corps") adopted a general permitting process to address limited common discharges of dredged or fill material into jurisdictional "waters of the...
Waterkeeper Alliance v. EPA, No. 09-1017 (D.C. Cir. April 11, 2017). The D.C. Circuit Court of Appeals vacated the EPA's final rule exempting farms from statutory reporting requirements for air releases from animal waste.  Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and the Emergency Planning and...
Following the publication of "Practical Guidance for Health Care Governing Boards" (April 2015), and The DOJ's report entitled "Evaluation of Corporate Compliance Programs" (February 2017), the HHS-OIG has issued a new publication: "Measuring Compliance Program Effectiveness: A Resource Guide." The Guide was published March 27, 2017, and is now posted on...
Even with some economic uncertainty following the recent Presidential election, the United States (sometimes referred to herein as the "U.S.") remains an attractive candidate for foreign investment.  This is the first installment in a two-part series which provides a brief overview of some important considerations for foreign business people and foreign...
Congress enacted new partnership audit rules as part of the Bipartisan Budget Act of 2015 (the "Act").  As outlined further below, these new audit rules make it easier for the IRS to audit and assess tax on entities taxed as partnerships, including general partnerships, limited partnerships, and LLCs.  This article is...
The Centers for Medicare and Medicaid Services (CMS) were too slow in carrying out a corrective action plan agreed to as a part of the 2013 settlement in Jimmo v. Sebelius (now captioned Jimmo v. Price).  The defendant Department of Health and Human Services had agreed to conduct a nationwide educational...

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