Louisiana Law Blog

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Patient Phone Calls, To Record or Not to Record?

By Steven Boutwell on September 30, 2019

By: Elizabeth J. Wilson The practice of medicine is changing almost daily, and a big contributor to the new landscape is technology. With the ever-growing list of apps and software platforms available, physicians and other health care providers are able to find and treat their patients in ways that were not possible in previous years. Many of the same technologies that are being used in non-medical settings have proven useful in the healthcare world. One…

Louisiana Law Blog

U.S. Third Circuit Rules Pipeline Company’s Eminent Domain Rights Under Natural Gas Act Limited by Sovereign Immunity

By Steven Boutwell on September 26, 2019

By Pam R. Mascari Pipeline companies may not exercise their powers of eminent domain granted under the federal Natural Gas Act (NGA) in federal courts when seeking to acquire state-owned lands. On September 10, 2019, in In re: PennEast Pipeline Company, LLC, the United States Court of Appeals for the Third Circuit ruled in favor of New Jersey finding that its sovereign immunity under the 11th Amendment prohibited PennEast Pipeline from condemning property owned by…

Louisiana Law Blog

The Final OT Rules Are Out – Time For Action (Again)!

By Steven Boutwell on September 24, 2019

By: Brian R. Carnie The wait is over for better or worse – the Trump Administration has released the Department of Labor’s final rule concerning changes to the salary requirements to be exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). Under the final rule, the DOL has increased the minimum salary threshold that must be paid in order for most executive, administrative or professional employees to qualify for exemption from…

Louisiana Law Blog

Who You Affiliate with Could Jeopardize Your Medicare Enrollment

By Steven Boutwell on September 16, 2019

By Jennifer Jones Thomas On September 10, 2019, the Centers for Medicare and Medicaid Services (“CMS”) published a Final Rule in the Federal Register which will require Medicare, Medicaid, and Children’s Health Insurance Program (“CHIP”) providers and suppliers to disclose current and previous affiliations with other providers and suppliers who CMS identifies as posing an undue risk of fraud, waste, or abuse. The effective date of the Final Rule is November 4, 2019. The Final…

Louisiana Law Blog

Ag Lenders and Vendors: The Family Farmer Relief Act of 2019 Opens Chapter 12 Bankruptcy to More Farmers

By Steven Boutwell on September 11, 2019

By Eric Lockridge and Wade Iverstine Lenders who finance farm operations, including those who provide equipment, seed, fertilizer, and other farming-related products on credit, should be aware that the Family Farmer Relief Act of 2019 has been signed into law. This new law allows a “family farmer” with up to $10,000,000.00 in debt to restructure and to reduce debts under Chapter 12 of the Bankruptcy Code. The provisions in Chapter 12 are more farmer friendly…

Louisiana Law Blog

Telemedicine Help is on the Way for Louisiana Patients on Vacay

By Steven Boutwell on August 30, 2019

By Jennifer Jones Thomas In December of 2018, the Louisiana State Board of Medical Examiners (“The Board”), approved adoption of an amendment to the rules governing the practice of telemedicine. The Board published a Notice of Intent for the amendment in April of 2019 in the Louisiana register with the amended Rule becoming final on August 20, 2019. Prior to the amendment, the Board’s Rule permitted physicians using telemedicine to be at any location at…

Louisiana Law Blog

RMP Amendment Rule At Odds with OSHA Review Commission BP Husky Decision

By Steven Boutwell on August 6, 2019

By R. Lee Vail, P.E., Ph.D., J.D. Up-to-date Process Safety Information When originally adopted in 1996, the Environmental Protection Agency (EPA) adopted “the requirements of the OSHA PSM Standard, 29 CFR 1910.119(c) through (m) and (o), with minor changes to address statutory differences. This makes clear that one accident prevention program to protect workers, the general public, and the environment will satisfy both OSHA and EPA.” [1] But do they? On January 13, 2017,…

Louisiana Law Blog

2019 Legislative Session and Other Tax Updates

By Steven Boutwell on July 26, 2019

By the Kean Miller Tax Team The 2019 Regular Session of the Louisiana Legislature ended on June 6, 2019. Important new tax provisions include several legislative acts signed into law by the Governor along with several proposed constitutional amendments that will appear on the ballot this October. In addition to substantive law changes, important remedial legislation was also passed that addressed the ability to appeal a state tax refund denial but left a possible trap…

Louisiana Law Blog

Texas Supreme Court: Appraisal Awards Not a Bar to TPPCA Delay Damages

By Steven Boutwell on July 25, 2019

By Jessica C. Engler & Michael deBarros [1] Policyholders are often disappointed in the amount of time their insurers take to investigate and pay claims. In 2003, the Texas Legislature enacted the Texas Prompt Payment of Claims Act (“TPPCA”) to facilitate the prompt investigation and payment of Texas insurance claims.[2] Codified at Section 542 of the Texas Insurance Code, the TPPCA imposes an affirmative duty on insurers to promptly pay claims as soon as…

Louisiana Law Blog

Social Media and Employment Issues Intersect

By Steven Boutwell on July 24, 2019

By Ed Hardin As reported by national and local media outlets, two Gretna, Louisiana, police officers were fired for social media activity that targeted Congresswoman Alexandria Ocasio-Cortez. In the case of one of the officers, he posted a message on his personal Facebook page regarding the Congresswoman that allegedly included threatening remarks directed toward her. The second officer then gave a “like” to the post. Media outlets quickly picked up the story. The Gretna Police…

Louisiana Law Blog

Insight and Information on Louisiana Law, Litigation, and Legal Culture

Blog Authors

Patient Phone Calls, To Record or Not to Record?

U.S. Third Circuit Rules Pipeline Company’s Eminent Domain Rights Under Natural Gas Act Limited by Sovereign Immunity

The Final OT Rules Are Out – Time For Action (Again)!

Who You Affiliate with Could Jeopardize Your Medicare Enrollment

Ag Lenders and Vendors: The Family Farmer Relief Act of 2019 Opens Chapter 12 Bankruptcy to More Farmers

Telemedicine Help is on the Way for Louisiana Patients on Vacay

RMP Amendment Rule At Odds with OSHA Review Commission BP Husky Decision

2019 Legislative Session and Other Tax Updates

Texas Supreme Court: Appraisal Awards Not a Bar to TPPCA Delay Damages

Social Media and Employment Issues Intersect

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