BW INSIGHTS

Immigration and Customs Enforcement (ICE) is Cracking Down on Employers: Expect I-9 Audits This Summer and Beyond

I-9 audits are on the rise. U.S. Immigration and Customs Enforcement (ICE) – the agency charged with enforcing U.S. Immigration laws - reports that between October 1, 2017 and May 4, 2018, the agency initiated approximately 2,282 employer audits (an average of about 321 audits per month). Contrast that with the prior fiscal year figures (1,360... Read More

Go Ahead and Challenge That Patent....Anyone!

Post grant proceedings survive the gavel of the Supreme Court. On April 24, 2018, the Supreme Court issued two decisions upholding the validity of post grant proceedings (“PGPs”). A PGP is a trial proceeding conducted at the Patent Trial and Appeal Board (“PTAB”) to review the patentability of one or more claims in a patent. PGPs allow a third... Read More

Governor Signed SF2334 Into Law

On April 2, 2018, the Governor signed SF2334 into law. SF2334 requires Iowa certificate of need approval prior to the conversion of a long-term acute care hospital, rehabilitation hospital, or psychiatric hospital, to a general hospital or another type of specialty hospital. Read More

Limited English Proficiency Policies

Health care providers and other covered entities likely encounter individuals in their practice that are diverse in language, ethnicity, and religion. As communities continue to diversify, it is important for covered entities to understand their legal obligations to populations who may not speak English as a primary language. Title VI of the Civil... Read More

Surrogacy Contracts Are Enforceable in Iowa

In a highly-anticipated ruling, the Iowa Supreme Court today ruled that gestational surrogacy contracts are enforceable in Iowa. The case involved a couple who were unable to conceive a child together. They entered an agreement with another couple, whereby the wife agreed to carry a child for the intended parents in exchange for compensation for... Read More

Iowa's State Health Facilities Council Approves Over $6 Million of New Projects

The State Health Facilities Council (the “Council”) met on February 21, 2018, and granted a certificate of need (“CON”) to each of the following projects by a vote of 4-0: The purchase of a 3.0 Tesla MRI by the University of Iowa Hospitals and Clinics at a cost of $2,681,912. The purchase of a PET/CT system by the University of Iowa Hospitals and... Read More

Iowa Medicaid Providers Subject to Increased Scrutiny for Medicaid Overpayments

On January 23, 2018, the Iowa Department of Human Services (DHS) announced that it will begin using statistical sampling to determine whether Iowa Medicaid providers have received overpayments from Iowa Medicaid Enterprise (IME), including from the Managed Care Organizations (MCOs), and the Iowa Dental Wellness Plan. Pursuant to Informational... Read More

Should You Invest Your I.R.A. in Friends, Family or Charitable Work?

BrownWinick tax attorney William Brown was featured in The New York Times on Friday, October 6, 2017. The article, "Should You Invest Your I.R.A. in Friends, Family or Charitable Work?" discusses self-directed I.R.A.'s, which allows investments in "alternative assets" and not just traditional stocks, bonds and mutual funds. Read More

Iowa Certificate of Need Law Under Constitutional Attack

Iowa has become the latest battleground in a nationwide effort to challenge state “certificate of need” laws. Since 1977, Iowa’s certificate of need (“CON”) law has required approval for any “new or changed institutional health service.” The Iowa General Assembly enacted the CON law to avoid unnecessary duplication of healthcare services and to... Read More