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Publications

11.11.08Modified MA & Part D Broker Compensation Rules Effective Now

Abstract: The Centers for Medicare and Medicaid Services (CMS) on November 10 modified the rules for the compensation that Medicare Advantage (MA) organizations and Medicare Part D prescription drug plan (Part D) sponsors (collectively, Sponsors) may pay brokers for Medicare beneficiary enrollments for 2009 and beyond. CMS made these modifications by Interim Final Rules (published in the Federal Register on November 14) which amend the broker compensation rules that CMS published on September 18 in its final Medicare marketing rules.

11.11.08Growing a Women’s Network – From Seed to Harvest
“Women in Law 2008 Issue” of Chicago Lawyer
Emily Mulder Milman

Abstract: What can you do with 68 women lawyers in a 200 lawyer Chicago firm? While this sounds like the beginning of a bad lawyer joke, it actually is the question that the women lawyers of Neal, Gerber & Eisenberg LLP challenged themselves to answer. And the answer was compelling. By harnessing the power of the women practicing at Neal Gerber Eisenberg and focusing in on their development as professionals and leaders within and outside the firm, the firm has dynamically impacted the future of the women who practice here, and the future of the firm itself. Neal Gerber Eisenberg Litigation Practice Group partner Emily Mulder Milman authored an article that appears in the November 11, 2008 “Women in Law 2008 Issue” of Chicago Lawyer magazine.

Click here to view the Chicago Lawyer "Women in Law 2008 Issue" online.


11.03.08OIG Reaffirms Permissibility of Medigap Premium Credits to Induce Use of Preferred Hospitals

Abstract: The HHS Office of Inspector General (OIG) has again found permissible under federal anti-fraud laws a Medigap insurer's use of premium credits to induce its Medigap policyholders to use preferred hospitals that discount the Medigap insurer's payment obligations.  Advisory Opinion 08-13 (issued September 23, 2008) thus reaffirms OIG's analysis in Advisory Opinion 07-15 (issued December 3, 2007), which found a similar Medigap premium credit arrangement permissible under the federal anti-fraud laws.  Read about the analysis OIG uses to clear these arrangements in the Neal Gerber Eisenberg Health Law Update, “OIG Reaffirms Permissibility of Medigap Premium Credits to Induce Use of Preferred Hospitals”.

11.01.08Pitfalls of Temporary Employment: Take Precautions to Avoid Liabilities for Misclassifying Temporary Employees and Independent Contractors
Professional Roofing
Nineveh Alkhas, Jason C. Kim

Abstract: Employers can enjoy many benefits from hiring independent contractors and workers from temporary staffing or leasing agencies. They can achieve increased efficiency and flexibility; save money on recruiting, training and payroll; and reap other administrative benefits. Neal Gerber Eisenberg partners and Labor & Employment Practice Group members, Nineveh Alkhas and Jason C. Kim, authored this article for the November 2008 issue of Professional Roofing magazine.


10.24.08FTC Delays Enforcement of Red Flags Rule for Six Months

Abstract:

On October 22, 2008, the Federal Trade Commission (FTC) announced that it will delay or suspend enforcement of the “Red Flags Rule” for six months, until May 1, 2009. This rule (codified at 16 C.F.R. 681.2) requires “financial institutions” and “creditors” to develop and implement written identity theft prevention programs and was promulgated under the Fair and Accurate Credit Transactions Act of 2003 (Pub. L. No. 108-159, 117 Stat. 1952). 

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