http://www.vonbriesenhealth.com/rss/LegalAndLegislativeFeed.aspxLegal and Legislative resource articles and press releases from Von Briesen & Roper, s.c. For informational purposes only.(c) 2012, von Briesen & Roper, s.c. All rights reserved.45On December 31, 2011, President Obama signed the National Defense Authorization Act for Fiscal Year 2012. A conference report in this Act ends OFCCP's push to expand its jurisdiction by way of TRICARE contracts. The new Section 715 of the conference report states that TRICARE managed care support contracts will not be considered contracts to provide health care services such that these providers become subject to OFCCP jurisdiction.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=477http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=477Wed, 11 Jan 2012 12:00:00 CSTRetirement Plans Subject to ERISA Vesting Standards Must File Form 8955-SSA by January 17, 2012 Section 6057(a) of the Internal Revenue Code (the "Code") requires plan administrators of retirement plans subject to the vesting standards under the Employee Retirement Income Security Act of 1974 ("ERISA") to report information regarding separated participants with deferred vested benefits that have not commenced. Plan administrators previously met this requirement by filing Schedule SSA as an attachment to the plan's Form 5500 annual return/report. The Department of Labor ("DOL") removed Schedule SSA from Form 5500 for plan years beginning on or after January 1, 2009.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=476http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=476Wed, 04 Jan 2012 12:00:00 CSTMany articles have been written about the legal and business risks associated with the use of social media and web-based email services. However, the risk of using social media is heightened in the health care industry in light of a health care entity's legal and regulatory obligations to protect the privacy and security of health care information. Health care entities need to be particularly familiar with the risks of using social media in the health care industry and methods for reducing those risks.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=472http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=472Wed, 28 Dec 2011 12:00:00 CSTThe only thing that stays the same is change. You have probably heard this phrase used in many contexts, but it has never been more appropriately used than in a recent client meeting regarding the negotiations of a commercial lease renewal. In this particular meeting, we were renegotiating a lease that originally commenced in 2001. As you can imagine, the difference in the economy between 2001 and 2011 resulted in a significantly different negotiation this time around. Typically, articles written about negotiating commercial leases focus on the negotiations from the viewpoint of either the landlord or the tenant. These articles also tend to focus on the current status of the most frequently negotiated business terms. These business terms tend to vary dramatically depending on factors such as the state of the economy, current vacancy rates, and many others. This article, however, will instead focus on principles ("Golden Rules") that should be adhered to when negotiating a lease regardless of whether you are a landlord, a tenant, or in a landlord or tenant favorable environment.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=469http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=469Thu, 17 Nov 2011 12:00:00 CSTAs expected, Governor Scott Walker has signed legislation to conform the exclusion under Wisconsin state income tax law for health coverage provided to an employee's adult child to the exclusion provided for that coverage under federal income tax law. If an employer's health plan extends coverage to an employee's adult child, then, through the end of the tax year in which the child attains age 26, the employee will not be subject to either federal or Wisconsin state income tax on the value of that coverage. This is the case regardless of whether the child otherwise qualifies as the employee's tax dependent. This change in Wisconsin law is effective for tax years beginning on or after January 1, 2011. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=468http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=468Thu, 10 Nov 2011 12:00:00 CSTNovember 7, 2011 – Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced that the firm has been awarded the 2011 International Legal Technology Association's (ILTA) Emerging Technology Champion Award. The award was presented to William Caraher, CIO, at the ILTA annual conference in Nashville. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=467http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=467Mon, 07 Nov 2011 12:00:00 CSTTwo recent developments under Wisconsin law eliminate disparities with federal law and may simplify health plan administration for Wisconsin employers. First, the Wisconsin insurance law requirement that dependent child coverage be offered to the adult children of covered employees has been amended to conform to the federal adult child coverage requirement. Second, Senate Bill 203, which recently passed both houses of the Wisconsin Legislature and is awaiting Governor Scott Walker's signature, would amend Wisconsin tax law to conform the state income tax exclusion for coverage provided to an employee's adult child to the federal income tax exclusion. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=466http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=466Wed, 26 Oct 2011 12:00:00 CSTThe Internal Revenue Service ("IRS") has announced the cost of living adjustments for the 2012 tax year, which affect various dollar limitations for retirement plans. The IRS increased many of these limitations for the first time since 2009. Some limitations remain unchanged. The following chart highlights many of the noteworthy limitations for the 2012 tax year. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=465http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=465Mon, 24 Oct 2011 12:00:00 CSTCorporations spend tens of millions of dollars each year to file trademark registrations and to protect their brands. So imagine explaining to the CEO why your trademark is now being used in an adult website (domain name) address. Domain names are controlled by an international organization known as ICANN—The Internet Corporation for Assigned Names and Numbers. ICANN has the job of assigning names and internet protocol (IP) addresses to websites. ICANN recently approved the registration of domain names using a (.xxx) suffix for the website address. The (.xxx) suffix was created to be used only by adult websites. This new domain name suffix is intended to make it less likely for a web browser to unwittingly reach an adult website.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=462http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=462Mon, 10 Oct 2011 12:00:00 CSTTop 10 Concealed Carry Questions and Answershttp://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=461http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=461Fri, 23 Sep 2011 12:00:00 CSTThe U. S. Senate passed sweeping legislation on September 8, 2011, designed to significantly overhaul the U.S. patent system. The Leahy-Smith America Invents Act ("Act")(HR 1249) makes numerous changes to the U.S. patent laws, most notably conforming U.S. patent law to the laws of most other countries by granting patent protection to the first person to file for patent protection rather than the first to invent, as it is now. Portions of the Act will take effect immediately, while others will become effective in 12 to 18 months. President Obama is expected to sign the bill into law promptly.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=450http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=450Fri, 09 Sep 2011 12:00:00 CSTFormer Chief Legal Counsel of the Wisconsin Department of Health Services, Diane Welsh, Joins von Briesen & Roper, s.c.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=449http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=449Thu, 25 Aug 2011 12:00:00 CSTvon Briesen & Roper, s.c. Forms Strategic Risk and Crisis Management Practice Sectionhttp://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=448http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=448Tue, 23 Aug 2011 12:00:00 CSTvon Briesen & Roper Announces New Public Finance Section and Welcomes Andrew J. Guzikowskihttp://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=446http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=446Wed, 27 Jul 2011 12:00:00 CSTThe Wisconsin Supreme Court yesterday released a landmark decision involving the availability of a property tax exemption for freestanding outpatient facilities. In the case, Covenant Healthcare System, Inc. v. City of Wauwatosa, the Supreme Court determined that the exemption under section 70.11(4m) of the Wisconsin Statutes applied to the St. Joseph Outpatient Center in the City of Wauwatosa (the "SJOC"). In reaching this decision, the Supreme Court rejected the Court of Appeals' characterization of the SJOC as a non-exempt "doctor's office" and also determined that the SJOC met other legal requirements for the exemption.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=445http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=445Wed, 20 Jul 2011 12:00:00 CSTOn Tuesday, June 21, 2011, the Wisconsin State Assembly passed SB93, known as the "Concealed Carry" bill, and submitted the bill to Wisconsin's Governor for his signature. If signed by the Governor, the bill allows licensed individuals to go armed with a concealed weapon. Individuals who (1) are 21 or older, (2) have cleared a background check, (3) are not otherwise prohibited from carrying a gun, and (4) complete a training program, are eligible to receive a license, which is valid for five years. In addition, individuals from other states may carry concealed weapons in Wisconsin as long as they have gone through training and a background check in their home state. All concealed carriers must have their license and photo identification with them while they are carrying a concealed weapon. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=444http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=444Thu, 23 Jun 2011 12:00:00 CSTSocial media presents a new threat to you preserving the lawyer-client privilege. In a digital age we operate in a world where clients and lawyers routinely communicate confidential information by e-mail. Those e-mails can be forwarded to others with a couple of key strokes. Preserving the lawyer-client privilege and the client's confidential information can be a challenge. The prominence of social media provides one more reason to not disseminate confidential information more widely than strictly necessary.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=441http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=441Fri, 10 Jun 2011 12:00:00 CSTApril 21, 2011 – Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced that the firm is being considered for the 2011 International Legal Technology Association (ILTA) Emerging Technology Champion Awards. The project that resulted in the nomination is an open source intranet that has a similar look, feel and functionality to iGoogle called "vBDash." Winners will be announced at ILTA's annual conference in August. The firm's intranet went from a text-heavy, HTML-based, mostly static tool to a customizable intranet offering movable gadget boxes with both internal and external content for all employees. Later in 2011, vBDash will offer additional social aspects similar to a secure Twitter-like internal microblog feed where employees can post links, updates and news. Opting to use emerging tools and software rather than mainstream internet software, like Microsoft SharePoint, has saved money in licensing fees and given the firm endless options.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=438http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=438Thu, 21 Apr 2011 12:00:00 CSTFinal Rules Implementing ADA Amendments Act Shift Focus From Definition of Disability to Employers' Obligation to Accommodate Employers must now follow the EEOC rules implementing the ADA Amendments Act because they have now been published in final form. The rules shift the focus of the ADA from whether an individual is disabled to whether an employer has discriminated or failed to reasonably accommodate an employee. The commentary to the rules estimates that 12 to 38 million people who were not covered by the ADA before will now be covered. There has been a notable increase in disability claims since the ADA Amendments Act was passed. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=437http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=437Wed, 13 Apr 2011 12:00:00 CSTThe Internal Revenue Service (the "IRS") recently issued a list of retirement plan items that employers should review this year. This Update briefly highlights those items and provides you with useful resources for proper operation of your retirement plan. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=435http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=435Thu, 07 Apr 2011 12:00:00 CST