A new case from the U.S. 5th Circuit Court of Appeals makes clear once again the importance in disability cases of an individual assessment of the employee’s ability to perform the job and of having a job description, which includes the essential functions and the physical requirements of the job. Continue Reading Dealing with Disability Cases

When a business selects a trademark under which a product or service will be sold, it hopes to develop brand loyalty among its customers and have them come to know the trademark in the market place. As part of the strategy to create a brand, it is prudent to seek federal trademark registration for the name in order to help protect the business’ rights to use the trademark. Continue Reading Maintenance and Protection of Trademarks

In a report issued by the Office of Inspector General (“OIG”) of the United States Department of Health and Human Services (“DHHS”) earlier this year, the OIG suggests that Medicare beneficiaries with certain diseases have experienced higher rates of hospital readmission and more hospital emergency department visits since the implementation of the prospective payment system (“PPS”) as a method of reimbursing home health agencies. Continue Reading OIG Report Suggests Future Monitoring of Home Health Agency Quality of Care

There is old adage that goes something like this, “if you always do what you always have done, you will always get what you always have got”. This philosophy may be partly to blame for the catastrophic losses that befell a seemingly unprepared New Orleans. Why should New Orleans have feared or even prepared for this potential? New Orleans did not suddenly sink below sea level�it was built that way. Continue Reading Taking Stock of Your Insurance Post-Katrina

The Office of Inspector General (OIG) concluded in Advisory Opinion No. 06-02 issued on March 21, 2006 that two programs proposed by a durable medical equipment (DME) manufacturer to physician practices would create a significant risk of fraud and abuse. The OIG also commented that it could impose administrative sanctions on the physician practices and DME manufacturer under the Federal anti-kickback law and other federal statutes and regulations if these proposed programs were utilized. Continue Reading OIG Comments on Proposed Durable Medical Equipment Arrangement By Physician Practice and Supplier

The Office of Inspector General (“OIG”) of the United States Department of Health and Human Services (“DHHS”) recently issued Advisory Opinion No. 06-01, which opined unfavorably regarding a home health agency’s practice of providing prospective postoperative patients with preoperative home safety assessments. Continue Reading OIG Issues Unfavorable Advisory Opinion Regarding Home Health Agency Practice

On March 17, 2006, the Court of Appeals for the D.C. Circuit vacated EPA’s final Equipment Replacement Provision rulemaking which attempted to establish a bright-line test for routine maintenance, repair and replacement (RMRR) in New York v. EPA, No. 03-1380 (D.C. Cir. 2006). To vacate a rule is to rescind and set it aside entirely (as opposed to a remand which would have sent it back to the agency for further justification.) Continue Reading D.C. Circuit Vacates Equipment Replacement Provision (ERP) Rulemaking

The Uniform Trade Secrets Act, La. 51:1431, et seq., provides a cause of action for misappropriation of a trade secret. However, it is important to recognize that these are specific terms which must be satisfied in order to trigger the remedies provided in the Act. Continue Reading Efforts to Maintain Trade Secrets to be Scrutinized

Many C-Level executives and small business owners have heard of the Gulf Opportunity Zone (the GO Zone Act) and know that it does something for Louisiana businesses, but they do not know if or how the new law can help them and their employees. Kean Miller has prepared a comprehensive summary of the GO Zone Act and its sister law, the Katrina Emergency Tax Relief Act of 2005 (“KETRA”). This summary describes the key legislative provisions and explains how Louisiana-area businesses, both large and small, can maximize the GO Zone benefits available to them. Continue Reading What is the Gulf Opportunity Zone?

Louisiana is an employment at-will state. This rule is found in Article 2747 of the Louisiana Civil Code which says, “a man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.” Continue Reading Louisiana Strengthens Employment-at-Will Doctrine