- How to Increase Collections from Consumer-Driven Healthcare Plans
Posted November 30, 2009, 5:02 pm by emilyreiling
Today the average American family spends about $1,000 a year for out-of-pocket expenses. Over the next five years, out-of-pocket spending is likely to significantly increase, especially if more people lose their health insurance. Consumer-driven healthcare plans typically combine a high-deductible health insurance plan with a personal health savings account ("HSA") from which medical expenses are paid. [...]
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Posted November 26, 2009, 6:08 am by stan_sipple
Nebraska Supreme Court denies post-conviction relief to defendant who challenged his conviction of manslaughter and use of a weapon to commit a felony as inconsistent counts. Court rules that the underlying intentional felony was the armed assault that resulted in a manslaughter conviction. State v. Sepulveda, S-08-1291, 278 Neb. 972. the act of firing the gun at Geiger which resulted in Geiger's death was an intentional and unlawful assault and was the predicate offense of use of a firearm to...
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Posted November 26, 2009, 5:50 am by stan_sipple
Nebraska Supreme Court affirms defendant's conviction for driving while intoxicated, fourth offense, over his objection that records of two prior convictions were invalid because the records the State offered to prove the prior offenses lacked file stamp dates. State v. Macek, S-08-1196, 278 Neb. 967 Mark A. Macek appeals his guilty plea and conviction in the Lancaster County District Court for driving under the influence of alcohol, fourth offense, 60-6,197.03 (7). Macek claims that two of his...
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Posted November 26, 2009, 5:40 am by stan_sipple
Nebraska Supreme Court upholds juvenile's confession to a shooting homicide and declines to modify the "totality of circumstances" test for special considerations for juveniles, as the American Bar Association has recommended; also the police officers' characterization of the shooting as an accident did not mislead the defendant into thinking he was confessing to a negligent homicide. State v. Goodwin, S-08-1159, 278 Neb. 945 "While the minority of an accused is a factor to consider in...
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Posted November 21, 2009, 10:52 pm by stan_sipple
Nebraska Supreme Court upholds bench trial conviction for unintentional manslaughter Neb. Rev. Stat. § 28-305 (Reissue 2008) while also finding the Defendant guilty of intentional use of a weapon to commit a felony (section 28-1205 RRS Neb). State v. Tucker, S-08-623, 278 Neb. 935 . Defendant was charged with first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a felon. Defendant waived a jury trial. The court found Defendant guilty of the...
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Posted November 21, 2009, 10:38 pm by stan_sipple
Nebraska Supreme Court allows testimony of police officer who was certified as a "drug recognition expert" (DRE) that defendant was too impaired from marijuana to drive over defendants Daubert objection. State v. Daly, S-08-192, 278 Neb. 903. "Although (research on the validity of DRE evaluations has) not always published in (peer-reviewed journals) per se, DRE research has been the subject of considerable scientific scrutiny..(the) use of the protocol and its various elements has certainly not...
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Posted November 13, 2009, 11:09 pm by stan_sipple
Order of the Kneepads Update: Nebraska Supreme Court suspends for six months attorney who neglected child custody matter, failed to refund unearned fees, had been privately reprimanded in the past for neglecting cases, and failed to timely respond to the Counsel for Discipline inquiries. State ex rel. Counsel for Dis. v. Smith, S-08-1333, 278 Neb. 899 "Because Smith neither responded to the Counsel for Discipline regarding Johnson's grievance nor filed a pleading, we have no basis for...
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Posted November 13, 2009, 10:52 pm by stan_sipple
Nebraska Supreme Court upholds Internet enticement law and rejects defendant's challenge to Section § 28-320.02 RRS Neb. on equal protection, free speech, over breadth and vagueness grounds. State v. Rung, S-08-878, 278 Neb. 855 "Defendant appeals his conviction for use of a computer to entice a child or a peace officer believed to be a child for sexual purposes, a violation of Neb. Rev. Stat. § 28-320.02 (Reissue 2008). Defendant challenges the constitutionality of § 28-320.02 and asserts...
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Posted November 6, 2009, 11:34 pm by stan_sipple
Case overruled: Nebraska Supreme Court allows Defendant facing retrial after a trial court ordered a deadlocked jury mistrial to file a plea in bar motion to contest whether double jeopardy would bar the retrial. Although the court should have had counsel and the defendant present while declaring the mistrial, the error was harmless. State v. Rubio, 261 Neb. 475, 623 N.W.2d 659 (2001) is overruled to the extent it suggests the plea in bar procedure is not available to challenge a mistrial....
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Posted November 6, 2009, 11:23 pm by stan_sipple
Used car dealers now must inspect even "as-is" cars for sale for "patent" safety defects. Wilke v. Woodhouse Ford, S-08-807, 278 Neb. 800 The Nebraska Supreme Court holds "patent" defects the responsibility of the dealer, such as steering and brakes, but in this case the defect was the loose play in the gearshift that allowed a child to take the parked car out of park. "Applying our risk-utility test for the existence of a legal duty to use reasonable care, we conclude that there is a...
- FTC Red Flag Rules Enforcement Delayed Until June 1, 2010
Posted November 4, 2009, 11:17 am by emilyreiling
The Federal Trade Commission ("FTC") has again extended enforcement of the Red Flag Rules, now until June 1, 2010. The latest delay comes at the request of Congress, which is considering a bill that amends the identity theft rule by eliminating entities with fewer than 20 employees from complying. The House of Representatives passed that bill [...]
- CMS ADOPTS PAYMENT POLICY & RATE CHANGES FOR SERVICES IN HOSPITAL OUTPATIENT DEPARTMENTS AND AMBULATORY SURGICAL CENTERS FOR 2010
Posted November 3, 2009, 8:07 am by emilyreiling
The Centers for Medicare & Medicaid Services ("CMS") has announced that most hospitals will receive an inflation update of 2.1 percent in their payment rates for services provided to Medicare beneficiaries in outpatient departments. Due to a Medicare requirement, CMS will reduce the update by 2.0 percentage points for hospitals that did not participate in quality data [...]
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Posted October 31, 2009, 11:25 pm by stan_sipple
Laid off Pamida worker drops her WARN act suit. Journalstar.com A woman who sued an Omaha-based regional retailer arguing she and others weren't properly notified before being laid off has dropped her legal fight. Cynthia Zych sued Pamida Stores Operating Co. in April. Her lawsuit alleged the company violated a federal law aimed at protecting workers during certain mass layoffs and plant closings. She said she was one of 54 people laid off in January. The law can be triggered in several ways,...
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Posted October 31, 2009, 11:21 pm by stan_sipple
Bankruptcy sale of former Husker lineman's trophies nets $28,500. Journal star.com. "A court-ordered auction of former Nebraska football player Aaron Taylor's championship hardware has brought in $28,500. It took about 30 minutes to sell Taylor's seven championship rings and his Outland Trophy on Saturday morning in Scottsbluff. Bids were taken in person and online. The trophy netted the highest bids, selling for $6,800. The rings sold for $2,000 to $5,900. The auction was forced by the failure...
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Posted October 31, 2009, 11:07 pm by stan_sipple
Nebraska Supreme Court allows award for loss of earning power to injured truck driver who had previously received Social Security Disability Income benefits but returned to work under the Social Security Administration "Ticket to Work" program. Manchester v. Drivers Mgmt., S-09-062, 278 Neb. 776 Because Plaintiff had an earning power to lose, her receipt of Social Security benefits based on an earlier determination of total disability did not prevent her from recovering workers' compensation...
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Posted October 27, 2009, 7:39 am by stan_sipple
Nebraska Court of Appeals finding plain error, revises QDRO to require wife to receive half of husband's state patrol retirement plan based either upon his choice of a refund or annuity, the marital share of the patrol retirement fund is that share of the fund that the time of the marriage divided by total service represents. Klimek v. Klimek, A-09-023, 18 Neb. App. 82. The Appeals Court further awards half of the wife's defined contribution 401k to the husband.
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Posted October 27, 2009, 6:27 am by stan_sipple
Nebraska Court of Appeals admonishes trial judges to better supervise QDRO preparation after they rule in divorce cases. Court of Appeals adds judgment interest of over $27000 to wife's judgment for almost $183000 from husband's 401k plan that was worth over $600000 when the husband took almost two years to file an acceptable QDRO. Fry v. Fry, A-09-011, 18 Neb. App. 75 "Ultimate responsibility for assuring that a proper decree is entered, and for entry of a QDRO if the court determines that the...
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Posted October 24, 2009, 1:11 am by stan_sipple
Order of the Kneepads Update: Nebraska Supreme Court reinstates attorney who was addicted to crack and crack hoes. No. S-07-718: State ex rel. Counsel for Dis. v. Hubbard. Respondent reinstated to the practice of law, subject to the conditions of reinstatement set forth in the court's judgment entered November 21, 2008.
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Posted October 24, 2009, 12:50 am by stan_sipple
Nebraska Supreme Court reverses Cass County Court probate order to sell estate property at a public sale; Supreme Court, J Wright, allows private listing with commercial real estate broker first before heirs can ask county court judge to order public auction. In re Estate of Failla, S-09-170, 278 Neb. 770 "The evidence supports the conclusion that Diana should first attempt to sell the property by listing it at its appraised value. The county court is given discretion to determine how long the...
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Posted October 24, 2009, 12:34 am by stan_sipple
Nebraska Supreme Court finds that meatpackers' payments to cleaning companies were subject to sales taxes, reverses Lancaster County District Court that hand found Department of Revenue regulations that required packers to pay the sales taxes went beyond revenue statute § 77-2701.16(4)(a). Swift & Co. v. Nebraska Dept. of Rev., S-08-1095 through S-08-1099, 278 Neb. 763 Specialized cleaning services for meatpackers cleaned all the equipment fixtures, areas of the plants and the packers paid...