DLM Legal Notes
Protecting You and Your Business
Tuesday, January 25, 2011
Feds recover record $4 billion from fraudulent healthcare claims - McKnight's Long Term Care News
Saturday, July 10, 2010
Sexy Fork Party a Great Success!
Tuesday, July 6, 2010
Ohio Chautauqua coming to Hudson
New Proposal for testing Independent Contractor Status
Recent legislation has been introduced to create a uniform definition of "employee." If passed, it would replace the current independent contractor analysis with a statutory, seven-point test to determine whether a worker is an employee. Under the proposal, independent contractor status can be established only by meeting all of the following factors:
1. The individual has been and continues to be free from control and direction in connection with the performance of the service.
2. The individual customarily is engaged in an independently established trade, occupation, profession, or business of the same nature as the trade, occupation, profession, or business involved in the service performed.
3. The individual is a separate and distinct business entity from the entity for which the service is being performed or, if the individual is providing construction services and is a sole proprietorship or partnership, the individual is a legitimate sole proprietorship or a partner in a legitimate partnership.
4. The individual incurs the primary expenses and has continuing or recurring business liabilities related to the service performed.
5. The individual is liable for breach of contract for failure to complete the service in the time and manner prescribed.
6. An agreement, written or oral, express or implied, exists describing the service to be performed, the payment the individual will receive for performance of the service, and the time frame for completion of the service.
7. The service performed by the individual is outside of the usual course of business of the employer.
This test will certainly change the independent contractor landscape. Even if the new law does not pass, it is clear that the Attorney General is ready to challenge the status.
Monday, June 28, 2010
High Risk Pools Set to Start
In a June 26th article, the Cleveland Plain-Dealer reported "Health coverage could be a step closer in Ohio for more than 5,000 people whose pre-existing medical conditions or diseases made insurance unavailable or highly unaffordable. While this will help Ohio reduce its uninsured, it still could represent only a fraction of the state's eligible population."
But, "in serving about 5,000 residents, it will do so without incurring any state debt, because it will rely entirely on new federal health care reform money, officials said." Ohio "has picked Medical Mutual of Ohio to run the temporary program, called a high-risk insurance pool."
Wednesday, May 26, 2010
Law for the Masses: the Estate Plan
Today I spent some time with my partner, Scott Geneva, and I learned that everyone should be reviewing their estate planning documents this year. Typically, attorneys recommend that you should, at the very least, review your plan every 3-5 years. But this last year has seen some major changes in both Federal Estate Tax Law and in Ohio Law. Because it was so painful to go through the process the first time (not with Scott!), I told him I needed a tangible example to force me to move on this. So, he told me about a plan he reviewed last week.
Tuesday, April 20, 2010
Dr. Berwick nominated as Administrator for CMS
If confirmed by the Senate, Berwick, president and CEO of the Institute for Healthcare Improvement, will succeed Dr. Mark McClellan. Since McClellan stepped down, there have been interim appointees. Charlene Frizzera is the current interim administrator.