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Archives: December, 2010

Illinois Worker’s Compensation Reform for 2011?

The Illinois House and Senate have formed special committees to discuss workers compensation reforms. The Illinois Chamber of Commerce presented a report noting that Illinois ranks third in terms of highest premium costs out of fifty one other jurisdictions. The Chamber argues that the status quo is unacceptable if Illinois wants to attract and retain good paying jobs.

 

Introduction to Venue

To the uninitiated, the concept of venue can be both frustrating and confusing. This article explains Illinois venue law and briefly reviews the means by which defendants can seek to transfer a case to a different venue. The venue in which a case is filed can be critical to the successful defense of a malpractice claim.

 

Appellate Court Rejects Commission’s Attempt to Allow Petitioner to Re-Try Her Case

Help at Home v. IWCC confirms the reality that claims cannot be arbitrated on a “piecemeal” basis. Unless the parties present a stipulation to the Arbitrator that additional evidence may be introduced on an issue at a subsequent hearing, then any findings made by the Arbitrator at a 19(b) hearing are the final determination.

 

Legislation to Clarify the Red Flags Rule

Healthcare providers and other professionals were frustrated by their inclusion in the Federal Trade Commission’s Red Flags Rule (“the Rule”); a rule designed to prevent identity theft in the credit lending arena. Fortunately, these professionals are now exempt from the Rule. New legislation narrows the Rule’s application.

 

FAQ’s Regarding the Centers for Medicare and Medicaid Services’ Extension of Section 111 Reporting Requirements

Under Section 111 of the MMSEA, insurers and self insurers who settle personal injury claims after October 1, 2010 were required to report those settlements to the Center for Medicare and Medicaid Services (CMS) no later than the first quarter of 2011. Recently, however, CMS extended those reporting requirements.

 

Federal Estate Tax: Uncertain Times

Mike Kraft writes about the dramatic variance, and some people say absurdity, in the potential federal estate liability for the estate of individuals who pass away in 2009, 2010, 2011 or thereafter, under laws current at the end of 2010. The current state of federal estate tax law creates great uncertainty in individuals’ estate planning.