BW INSIGHTS

2019 Legislative Session - Week 1

By BrownWinick | 01.25.2019

Monday, January 14th marked the first day of the 2019 legislative session as thirty-one new lawmakers were sworn-in to office. Republicans maintained their “trifecta” with Governor Reynolds’ November victory and their retained majorities in the Iowa Senate and House. The Senate Republicans increased their caucus by three seats as they now have 32... Read More

The Struggle is Real: Collecting Payments for Nursing Home Care

By BrownWinick | 01.18.2019

In recent years, we have seen an increase in nursing homes struggling to obtain payment for care provided to residents. Certainly, Iowa’s elimination of the 90-day retroactivity for Medicaid coverage (which has now been reinstated for nursing home care) contributed to this to some extent, but the problem seems to occur more frequently than ever.... Read More

Iowa DOT Issues Report on Electric Vehicles

By BrownWinick | 01.10.2019

On December 31, 2018, the Iowa DOT released a report analyzing the potential effect of electric vehicles on the Road Use Tax Fund in Iowa. Because these vehicles use no gasoline, they do not pay the state fuel tax. The number of electric vehicles is relatively small at this time, so the impact on the Road Use Tax Fund is not immediately... Read More

Principal Trademark Registration vs. Supplemental Trademark Registration

By BrownWinick | 11.08.2018

Prosecuting a trademark at the United States Patent & Trademark Office (USPTO) is one of the most strict administrative proceedings in the world. The USPTO is very active in examining applications and is constantly policing the trademark registers. Yes, that says registers, as in plural. There is actually more than one register available to those... Read More

State Health Facilities Council Update - October 24, 2018

By BrownWinick | 10.25.2018

The State Health Facilities Council (the “Council”) met on October 24, 2018, and granted a certificate of need (“CON”) to each of the following projects: • The construction of a 40-bed rehabilitation hospital in Johnson County by Mercy Medical Center and Kindred Healthcare at a cost of $7,508,963. • The construction of a 40-bed rehabilitation... Read More

Safeguarding the Privacy and Security of Health Information

By BrownWinick | 10.12.2018

Emerging and constantly evolving threats to the data of health care providers, health plans, and business associates give rise to frequently re-visiting an organization’s policies, procedures, education, and employee training that address compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Threats may include... Read More

DOL Releases Updated FMLA Forms

By BrownWinick | 09.19.2018

Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term "updated" here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL's model forms (which we typically encourage employers... Read More

How to Raise Money for Your Business - Part 2: Micro-Loans

By BrownWinick | 09.19.2018

Getting a business started is like approaching a massive steel wheel. There are no axels, no motors, just you, an idea and the wheel. The wheel is stationary. Like Atlas, you shoulder the wheel and start to press with all your strength. The wheel budges a little. The more effort you put in, the more the wheel moves. The goal is to have the wheel... Read More

How to Raise Money for Your Business - Part 1: Grants & Programs

By BrownWinick | 08.20.2018

Quick’s Design & Construction is what I called my failed business. My 20-year-old self started a construction business with the goal of paying my rent while completing my engineering degree. I was young and energetic with 6 years of industry experience. What could go wrong? Three years later I was selling my tools, trailer, and other acquired... Read More

Protect Your Brand Like Ivanka Trump

By BrownWinick | 06.08.2018

Ivana “Ivanka” Trump is not only an American businesswoman. She also holds the titles of fashion designer, author, and reality television personality. And, based on recent activity at the trademark office, Ms. Trump is both smart and savvy when it comes to protecting her brand and actively registering trademarks. In fact, Ms. Trump has recently... Read More