The Dodd-Frank Act: A Look at the Immediate Impacts
Karen L. Grandstrand
Karla L. Reyerson
The landscape of the financial services industry changed drastically on July 21, 2010, when President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The uncertainty the industry felt prior to the Act’s passage as to how this new law would affect the nation’s financial services providers was not alleviated upon passage of the bill, given its volume, its breadth, and the massive number of regulations that are required to implement most of its provisions.
Real Estate Legislative Update: 2010 Minnesota Legislative Session
Hiep Pham
Mary S. Ranum
Mark W. Vyvyan
This legislative update contains information on new developments in real estate law from the 2010 Minnesota legislative session. The other article in this newsletter, by Larry Berg, describes amendments to the Minnesota Common Interest Ownership Act. Unless otherwise specified, the legislation described in this article is effective August 1, 2010.
CMS Issues New Enrollment, Ordering and Referring and Documentation Requirements - Effective July 6, 2010
Katherine A. Burkhart
CMS recently published a final rule implementing provisions of the Patient Protection and Affordable Care Act (PPACA) that sets forth new requirements for ordering, referring and furnishing certain Part B items and services. Effective July 6, 2010, ordering and referring physicians and other “eligible professionals” must be registered in the Provider Enrollment, Chain and Ownership System (PECOS) as enrolled or opted out of Medicare in order for certain Part B items or services to be covered. In addition, claims for the Part B items and services must contain the legal name and National Provider Identifier (NPI) of the ordering or referring physician or eligible professional. Failure to comply with these new rules could result in claim denials.
EEOC Cracks Down On Automatic Termination Policies Following Medical Leave
Ingrid N. Culp
Pamela Abbate-Dattilo
As some employers are learning the hard way, the U.S. Equal Employment Opportunity Commission (EEOC) is taking a tough stance against inflexible leave of absence policies that call for automatic termination of employment when an employee cannot return to work upon expiration of the employer’s “maximum” medical leave period. These policies are often referred to as “no fault” or “automatic” termination policies. For years, many employers believed these policies were nondiscriminatory because they applied neutrally to all employees on medical leave. The EEOC, however, disagrees and is aggressively taking the position that these policies violate the Americans with Disabilities Act’s (ADA) requirement that requests for medical leave, including extended leave, be assessed individually on a case-by-case basis.