On the eve of another NCAA Basketball Regional being held here in Indianapolis, I am still amazed at the ease with which such mega-events occur here. Lucas Oil Stadium is set and ready in its best basketball configuration to stage another destination event.
I remember 1980 when this year's Louisville cut down the nets at a final four held in the now demolished Market Square Arena. I also recall when Michigan State did the same in the now demolished RCA Dome. Duke University accomplished a championship in Lucas Oil Stadium over hometown Butler University. Three NCAA men's basketball champions were crowned here in Indy in three different venues. Although the memories of those games remain vivid, the common glue for those success stories were not in the three distinct venues, but rather in the distinctiveness of the Indiana sports hospitality industry. No other city does these mega-events better, from the Pan American Games to the Superbowl,our little light shines brightest of all other host cities.
I've had the honor to participate with thousands of volunteers and event committees to bring about the magic and economic success of such events. I currently serve on the Capital Improvement Board of Managers and as such, I'm in a position to see first hand the extraordinary work done behind the scenes for these events to be staged in the most professional manner possible. As treasurer of Visit Indy's Tourism Tomorrow, I also get to see the transformation work done to market and sell our fantastic facilities and events to the visitors and global television audiences.
I am proud of the legacy created in our city for major special events, yet excited about the new generation of leaders and their commitment to enhancing said legacy. I look forward to this year's games and for announcements of other events to be held here. Again....no one does it better.
Milton Thompson
Thursday, March 28, 2013
Wednesday, March 27, 2013
Business Associates Agreements and the New HIPAA Rule
The new Omnibus HIPAA rule went into effect on March 26, 2013. Covered entities and business associates must comply with the applicable requirements of the final rule by September 23, 2013. Under some circumstances, covered entities and business associates will have up to one year following the compliance date to modify business associate agreements to be in accordance with the requirements of the final rule.
Under the final HIPAA rule, the public has increased protection and control of personal health information. The HIPAA Privacy and Security Rules originally focused on health care providers, health plans and other entities that process health insurance claims. The rule change expands many of the requirements to the business associates of these entities that receive protected health information (PHI), such as contractors and subcontractors. Some of the largest breaches reported to Health and Human Services have involved business associates. As part of the final rule, violations of the data security requirements could be much more costly. Pursuant to the original rule, penalties for data breaches could cost a minimum of $250,000 but under the new HIPAA omnibus rule, the penalties for noncompliance have been increased to $1.5 million per violation.
In light of this new rule, we should all be assessing our professional relationships and determine whether we are operating as a business associate or subcontractor of a business associate. Yes, law firms may be subject to the new requirements of the rule. If your organization creates, receives, maintains or transmits PHI, you are a business associate and should have an agreement in place. If you contract those activities to another organization, they may be a subcontractor and are included in the definition of a "business associate." You should be entering into business associate agreements with those subcontractors, as well.
Unfortunately, the new rule is not clear cut and the requirements are not easy to decipher. Until there are more case studies and possibly guidance from HHS, the best advice is to be conservative when analyzing your relationships and the policies you have in place. Do the self-assessment, make the policy changes and get educated!
Under the final HIPAA rule, the public has increased protection and control of personal health information. The HIPAA Privacy and Security Rules originally focused on health care providers, health plans and other entities that process health insurance claims. The rule change expands many of the requirements to the business associates of these entities that receive protected health information (PHI), such as contractors and subcontractors. Some of the largest breaches reported to Health and Human Services have involved business associates. As part of the final rule, violations of the data security requirements could be much more costly. Pursuant to the original rule, penalties for data breaches could cost a minimum of $250,000 but under the new HIPAA omnibus rule, the penalties for noncompliance have been increased to $1.5 million per violation.
In light of this new rule, we should all be assessing our professional relationships and determine whether we are operating as a business associate or subcontractor of a business associate. Yes, law firms may be subject to the new requirements of the rule. If your organization creates, receives, maintains or transmits PHI, you are a business associate and should have an agreement in place. If you contract those activities to another organization, they may be a subcontractor and are included in the definition of a "business associate." You should be entering into business associate agreements with those subcontractors, as well.
Unfortunately, the new rule is not clear cut and the requirements are not easy to decipher. Until there are more case studies and possibly guidance from HHS, the best advice is to be conservative when analyzing your relationships and the policies you have in place. Do the self-assessment, make the policy changes and get educated!
Thursday, March 14, 2013
2013 DRI Medical and Health Care Liability Conference
Three of our lawyers will be attending the 2013 DRI Medical and Health Care Liability conference in Miami, Florida, next week. This annual seminar features presentations from attorneys, medical practitioners and insurance professionals on a variety of topics relevant to the defense of civil claims and physicians, nurses and health care facilitites. Jim Bleeke, Stephanie Holtzlander and Richard Moore are registered to attend.
Jim and Richard served on the steering committee for this seminar, and we are pleased with the diversity of topics and speakers on the agenda. We also participated in effors to market and publicize the seminar, with the result being that the 2013 seminar has a higher enrollment than any previous year. Over 400 defense attorneys, in-house counsel and insurance claim representatives have already registered for the seminar, which will be held at the Eden Roc Hotel on Miami Beach.
This seminar is one of several opportunities we have to network and enjoy fellowship with colleagues and clients from across the country. Richard is involved in DRI leadership, having served for two years as the Program Chair for DRI's Nursing Home/ALF Litigation seminar, which is also sponsored by DRI's Medical Liability Committee. Richard is currently serving as Program Chair for DRI's Sexual Torts seminar, to be held in San Diego on November 13-15, 2013. That seminar is jointly sponsored by the Medical Liability Committee, the Employment Law Committee, and the Insurance Law Committee.
Bleeke Dillon Crandall is deeply involved in DRI activities, and we enjoy participating in its seminars, contributing to its publications and getting involved in leadership opportunities. Involvement in an organization like DRI really defines what we find most enjoyable about practicing law: Sharing contacts and ideas with professional colleagues and clients in a setting that also incorporates opportunities for recreational activities.
Jim and Richard served on the steering committee for this seminar, and we are pleased with the diversity of topics and speakers on the agenda. We also participated in effors to market and publicize the seminar, with the result being that the 2013 seminar has a higher enrollment than any previous year. Over 400 defense attorneys, in-house counsel and insurance claim representatives have already registered for the seminar, which will be held at the Eden Roc Hotel on Miami Beach.
This seminar is one of several opportunities we have to network and enjoy fellowship with colleagues and clients from across the country. Richard is involved in DRI leadership, having served for two years as the Program Chair for DRI's Nursing Home/ALF Litigation seminar, which is also sponsored by DRI's Medical Liability Committee. Richard is currently serving as Program Chair for DRI's Sexual Torts seminar, to be held in San Diego on November 13-15, 2013. That seminar is jointly sponsored by the Medical Liability Committee, the Employment Law Committee, and the Insurance Law Committee.
Bleeke Dillon Crandall is deeply involved in DRI activities, and we enjoy participating in its seminars, contributing to its publications and getting involved in leadership opportunities. Involvement in an organization like DRI really defines what we find most enjoyable about practicing law: Sharing contacts and ideas with professional colleagues and clients in a setting that also incorporates opportunities for recreational activities.
Tuesday, March 12, 2013
The Adoption Tax Credit for 2013 and Beyond
As you may know, as part of the fiscal cliff legislation at the end of 2012, the adoption tax credit was retained. In fact, in a wonderful turn of events, the adoption tax credit was one of the provisions from the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) that was made permanent. The maximum credit for 2013 actually increased from $12,650 and is now $12,970. All other features of the adoption tax credit as it previously existed were retained, including that an adoption petitioner may take the credit for a failed adoption and may carry any unused portion of the credit forward until it is exhausted. Further, the adoption tax credit may be taken for a special needs child without the need to document actual expenses (i.e., a flat credit). The full credit is available to taxpayers filing jointly with a modified adjusted gross income of $194,580 or less, and the credit will phase out completely at $234,580. The only conceivable drawback of the recent legislation is that it is not refundable. A refundable credit is generally thought to be more advantageous in that it can reduce an individual's taxes owed below zero and, therefore, provide a refund. Regardless, this is clearly good news for adoptive parents and children everywhere!
Monday, March 11, 2013
DRI Medical Liability Conference Always Informative
Jim Bleeke and Richard Moore will be attending the Medical Liability Conference of the Defense Research Institute (DRI) on March 21-22 in Miami, Florida. The attorneys of Bleeke Dillon Crandall work closely with DRI in arranging top-notch speakers and timely topics for this seminar and the DRI Nursing Home Seminar each year in September. The 2013 Medical Liability Conference will feature presentations by representatives of Western Litigation (one of BDC's clients) regarding tips for handling high stakes litigation. In addition, several interesting medical topics will be addressed by nationally recognized speakers.
DRI's Medical Liability Conference also provides an opportunity for networking and developing friendships with attorneys and potential clients throughout the country. BDC's attorneys have developed strong friendships with lawyers around the country who can help serve our clients when they have needs in other states. In addition, those friendships make life as an attorney much more fulfilling, and give us an opportunity to socialize when we travel around the country.
(DRI provides strong incentives for client representatives to attend conferences, including free admission to the conferences when sponsored by an active DRI member. If you are interested in attending any of these conferences as a sponsor client representative of BDC, do not hesitate to contact any of our attorneys.)
DRI's Medical Liability Conference also provides an opportunity for networking and developing friendships with attorneys and potential clients throughout the country. BDC's attorneys have developed strong friendships with lawyers around the country who can help serve our clients when they have needs in other states. In addition, those friendships make life as an attorney much more fulfilling, and give us an opportunity to socialize when we travel around the country.
(DRI provides strong incentives for client representatives to attend conferences, including free admission to the conferences when sponsored by an active DRI member. If you are interested in attending any of these conferences as a sponsor client representative of BDC, do not hesitate to contact any of our attorneys.)
Friday, March 1, 2013
Modifications to Indiana Parenting Time Guidelines
The Indiana Parenting Time Guidelines (IPTG) have been modified by the Indiana Supreme Court and are effective March 1, 2013. These changes apply only to parenting time orders issued after March 1, 2013 and do not apply retroactively.
1. Year-long calendars and holidays: Parents will be encouraged to develop a year-long calendar and, while holiday parenting time will supercede regularly scheduled parenting time, parents will no longer be required to switch weekends because of the holiday parenting time. What that means is that there will be situations where a parent may have the child or children for three weekends in a row.
New Year's Eve and New Year's Day will no longer be considered holidays but will be a a part of the regular Christmas holiday. If a child's school observes these holidays then Martin Luther King, Jr. Day weekend and President's Day weekend are added as holidays (Friday at 6:00 p.m. to Monday at 7:00 p.m.) and Fall Break is also added as a holiday (if observed by the school) from two hours after school until 7:00 p.m. the night before school starts.
2. Communication: The amended IPTG includes email addresses to be added to contact information for each party and emphasis is added to punctual parenting time exchanges with the non-delaying parent to make up parenting time for the delay.
3. Parallel Parenting: There is a new section entitled "Parallel Parenting" which are appropriate only in high conflict cases. Based on the need to minimize communication between parents, there are several provisions addressing this approach as well as a model Parallel Parenting order in the appendix. Parallel Parenting orders are also reviewed by the Court every 180 days to determine if such orders are still appropriate.
4. Additional parenting time: The "right of first refusal" now defines a "responsible household family memeber" as an "adult person residing in the household who is related to the child by blood, marriage or adoption.
1. Year-long calendars and holidays: Parents will be encouraged to develop a year-long calendar and, while holiday parenting time will supercede regularly scheduled parenting time, parents will no longer be required to switch weekends because of the holiday parenting time. What that means is that there will be situations where a parent may have the child or children for three weekends in a row.
New Year's Eve and New Year's Day will no longer be considered holidays but will be a a part of the regular Christmas holiday. If a child's school observes these holidays then Martin Luther King, Jr. Day weekend and President's Day weekend are added as holidays (Friday at 6:00 p.m. to Monday at 7:00 p.m.) and Fall Break is also added as a holiday (if observed by the school) from two hours after school until 7:00 p.m. the night before school starts.
2. Communication: The amended IPTG includes email addresses to be added to contact information for each party and emphasis is added to punctual parenting time exchanges with the non-delaying parent to make up parenting time for the delay.
3. Parallel Parenting: There is a new section entitled "Parallel Parenting" which are appropriate only in high conflict cases. Based on the need to minimize communication between parents, there are several provisions addressing this approach as well as a model Parallel Parenting order in the appendix. Parallel Parenting orders are also reviewed by the Court every 180 days to determine if such orders are still appropriate.
4. Additional parenting time: The "right of first refusal" now defines a "responsible household family memeber" as an "adult person residing in the household who is related to the child by blood, marriage or adoption.
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