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Fiscal year 2023 was record breaking for the U.S. Department of Justice’s False Claims Act settlements and judgements. Leah Ruedinger reviews several settlements and lists best practices for compliance.

Civil legal aid not only helps ensure justice is served to all, but it can make courts more efficient and save taxpayers money, too. Lawmakers need to hear from you on this topic as they put together the biennial budget.

The U.S. Department of Justice (DOJ) recently announced that in 2022, it recouped False Claim Act settlements and judgments amounting to the second highest number of settlements in history. Leah Ruedinger discusses the settlements and offers tips for effective compliance programs for health care entities.

Lawyers who handle worker's compensation or personal injury matters should periodically review their settlement procedures, including settlement content, to ensure compliance with Medicare reimbursement policies.

Social Security Disability payments for disabled individuals reentering society from incarceration are an important lifeline, allowing them to achieve the kind of independence and economic stability that promotes community ties and reduces recidivism. Kelsey Brown presents reasons for these delays and concludes with the impact the delays have on her clients’ lives.

Individuals with non-apparent disabilities experience greater risks during encounters with law enforcement and first responders. Christine J. Huberty explains how hidden disabilities can be misunderstood, and how to disclose this information onidentification cards to improve safety.

The complex laws governing Medicare providers are filled with landmines. Understanding the basics of who, what, where, and how of Medicare exclusion works help health care professionals avoid this limiting consequence, says Kristen Nelson.

According to a recent Department of Justice release, the department recouped its second largest ever annual total from civil False Claims Act Claims. Leah Ruedinger discusses the types of claims over the past year and offers advice to help clients toavoid facing such claims.

A recent interim final rule from the Centers for Medicare & Medicaid Services requires health care providers and suppliers to establish COVID-19 vaccination requirements for all covered staff – and the vaccination deadline is fast approaching. John Rubin provides an overview of the rule, its required provisions, and the penalties.

Lawyers representing job applicants, employees, or employers in workplace-accommodation claims brought under federal or Wisconsin law need to understand the elements plaintiffs must prove to prevail in claims alleging an employer failed to accommodate an applicant's or employee's disability.

With Wisconsin’s adoption of the Uniform Adult Guardianship and Protective Proceedings Act in 2018, transferring a guardianship to or from another state can be more efficient. Amy Greske discusses important factors in navigating the statute and successfully transferring a guardianship.

Claims for ERISA disability insurance benefits due to COVID-19-related disabilities are heavily scrutinized by plan administrators and insurance companies, often resulting in their denial. Jessa Victor discusses how to best navigate claims for such benefits, including those based on an employee’s inability to work due to the pandemic.

From the Americans with Disabilities Act to the Rehabilitation Act of 1973 and a variety of Wisconsin statutes, there are many resources that define and outline the rights of those with disabilities. This is a guide to online resources for those researching disability cases.

Disabled individuals rely on public benefits that are often determined by a computer program rather than a person. Julia Veenendaal discusses computer-automated decision-making and a case study involving due process challenges to Medicaid benefits software.

In July 2020, the Wisconsin Supreme Court struck down an exacting payment recoupment standard for Medicaid providers by the Wisconsin Department of Health Services. Diane Welsh and Aaron Dumas discuss the decision and what it means for the department’s audits and recoupment efforts in the future.

Health insurance coverage may change for many people this year due to the COVID-19 pandemic. Christine Huberty discusses key points of the Affordable Care Act's Health Insurance Marketplace in 2020 for both existing and new enrollees.

A new Department of Homeland Security rule is causing many immigrant families to be fearful about using public benefits they qualify for. Megan Sprecher discusses the rule and its impact in the Tip of the Month.

Many countries around the world are taking important steps toward safeguarding their senior population through laws, policies, and programs. Law student Jamie Lumsden provides an overview of programs for seniors in Germany, Japan, and South Africa.

As a public interest attorney, you may have low-income clients not taking public benefits they are eligible for. When that happens, says Erica Lopez, it is critical to the clients to find out why.

Independent contractor misclassification is a growing issue in Wisconsin, and can lead to complications when a worker is injured on the job. Matthew Lein discusses the potential consequences of misclassifying workers in Wisconsin.

Family Care is a Medicaid long-term care program that allows eligible Wisconsin to reside in their own homes while receiving high-quality support and care management. Julianne Cox discusses the program, enrollment, and its benefits and services.

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

Improperly classifying workers exposes an employer to significant fines and penalties. Andrea Murdock discusses various tests employers should use in determining whether to treat workers as independent contractors or employees.

The recent conviction of the physicians, investors, and staff of a Dallas hospital on fraud and other charges is an opportunity for lawyers to review their clients’ contractual relationships and internal compliance programs. David Edquist, Stacy Gerber Ward, and Daniel Balk III discuss the case and the state and federal statutes that prosecutors used to obtain convictions.

The CMS Preclusion List – a list of providers who are prohibited from being paid for services provided to Medicare Parts C and D beneficiaries – is now in effect. Scott Taebel, James Junger, and Julie Lappas discuss this list and offer tips for attorneys who advise health care providers.

In this Tip of the Month, Kate Schilling identifies some of the tactics employed by Medicare scam artists and offers tips to help clients avoid becoming victims of fraud.

Lawyers who work with low-income clients can make a meaningful difference by being aware of opportunities to challenge or reduce Medicaid birth cost judgments.

Changes to the Medicaid Secondary Payer Act are driving the need for parties of injury claims to adopt practices mindful of Medicaid recovery rights and processes. Lawyers must implement best practices to meet competing needs of aggressive collection efforts and client interests.

In Severson v. Heartland Woodcraft, the Seventh Circuit Court of Appeals held that an employee needing an extended leave of two or more months for treatment of a disability is not protected by the Americans with Disabilities Act. The author summarizes the parties' arguments and the three-judge panel's decision.

2017 Wis. Act 317 is the latest in a series of legislation to substantially modify landlord-tenant laws. The act's most significant changes include clarifying laws regarding assistance animals in rental housing, responsibility for repair costs, rent abatement, limits on removal of CCAP information, credit and background checks, and contested evictions.

The Wisconsin Supreme Court has ruled that the City of Milwaukee violated the rights of employee-members of the public Employee Retirement System (ERS) by changing voting rules to the ERS Annuity and Pension Board (ERS Board).

Increased enforcement regarding set-aside arrangements is a given, so if you represent plaintiffs with personal injury claims, evaluate each case for Medicare Secondary Payer considerations. Failure to do so could leave clients with large financial obligations to the government and you with potential malpractice exposure.

Avery Mayne’s tips for talking to clients whose previously obtained legal advice has not gone as desired will help lawyers in client conversations in a variety of difficult situations.

After numerous delays, the U.S. Department of Labor has now partially implemented a new fiduciary rule for financial professionals providing investment services to retirement plans. Drew Parrish discusses the new fiduciary rule, its implementation status, and how the rule will apply.

Parents of students with disabilities now have more power to advocate for their children’s educational needs, under a unanimous U.S. Supreme Court decision.

The U.S. Court of Appeals for the Seventh Circuit has renewed a Wisconsin woman’s claim for disability insurance benefits, concluding that an administrative law judge erred when making a credibility determination.

Oct. 7, 2015 – A recent U.S. Supreme Court decision creates a new test for analyzing disparate treatment claims under the federal Pregnancy Discrimination Act. Attorney Jill Hartley explains.

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision to deny disability benefits to a Wisconsin woman who said she could not work because of severe neck and head pain, noting her travel and daily running routine.

April 1, 2015 – If you counsel elderly or disabled clients on issues involving long-term care, Medicaid eligibility, or prescription drugs, you should understand possible changes included in Gov. Scott Walker’s proposed budget bill. In this article, attorney Bruce Tammi explains.

Lawyers representing any of the parties in worker’s compensation, insurance, or personal injury matters must ensure that the recovery rights, if any, of Medicare Advantage Plans are identified and protected during claim processing or litigation.

Sept. 17, 2014 – An employer can find itself between a rock and a hard place when an employee goes out on and continually extends ADA leave, because leave can be a reasonable accommodation under the Americans with Disabilities Act (ADA). This article explains the situation involving indefinite employee leave under the ADA.

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Federal benefits are now available to gay and lesbian couples who reside in Wisconsin but married in another jurisdiction, says Christopher Krimmer.

Dec. 4, 2013 – Act 20, the 2013-15 state budget bill, greatly expanded the state’s power to recover assets and property from the estate's of Medicaid recipients and their families. However, the Wisconsin Legislature recently passed a bill that limits those powers to some extent.

Nov. 6, 2013 – If the U.S. Supreme Court decides that severance payments are taxable for income tax purposes, but not for FICA tax purposes, thousands of employees and numerous employers would be entitled to tax refunds, according to two Milwaukee lawyers.

May 6, 2013 – Controversial law eliminates most collective bargaining rights for public employees; enforcement on hold until constitutionality resolved.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.

The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.