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Acknowledging State Challenges in Medicaid Administration

By: Meghan M. Linvill McNab and Amanda K. Schipp on July 20, 2020

Earlier this year, the U.S. Government Accountability Office (“GAO”) issued a Report to Congressional Requesters (“Report”) recognizing state views on administration challenges with the Medicaid program. The audit informing the Report lasted nearly…

Local Governments at Risk if Agent Waives Notice Requirement Under the Tort Claims Act

By: Christopher W. Bloomer and Robert S. Schein on July 19, 2020

Typically, claims against governmental entities that sound in tort, such as negligence, are subject to the Indiana Tort Claims Act (“ITCA”).1 Besides limiting recovery to $700,000.00 individually and $5,000,000.00 in the aggregate,2 a party suing a…

Illinois' IDHR Publishes Long-Awaited Sexual Harassment Training Program

By: Nancy J. Townsend and Elizabeth M. Roberson on July 15, 2020

Through amendments to the Illinois Human Rights Act ("IHRA"), Illinois has mandated since January 1, 2020, that Illinois employers provide annual sexual harassment prevention training that meets or exceeds the Illinois Department of Human Rights…

Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020

By: Brandon W. Shirley and Stephanie T. Eckerle on July 14, 2020

House Bill 1004 (“HB 1004”), signed into law earlier this year, imposes new patient billing requirements affecting health care providers and health care facilities beginning July 1, 2020. With few exceptions, HB 1004 requires health care providers…

Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text

By: Nicholas D. Strom on July 14, 2020

On July 6, 2020, the United States Court of Appeals for the Seventh Circuit (which covers appeals from federal courts in Indiana, Illinois and Wisconsin) handed down the third in a series of decisions related to Chicago debtors seeking chapter 13…

IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments

By: Kendall A. Schnurpel and Brian M. Heaton on July 14, 2020

Late last week, the Department of Health and Human Services (“HHS”) updated its Frequently Asked Questions (“FAQ”) webpage to provide guidance on the tax treatment of payments received under the Public Health and Social Services Emergency Fund (the…

Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020

By: C. Daniel Motsinger on July 14, 2020

This is a reminder that pursuant to the March 23, 2020 Order and the May 29, 2020 Order Extending Trial Courts’ Emergency Tolling Authority and Setting Expiration of Other Emergency Orders issued by the Indiana Supreme Court, the Court ordered that…

IRS Provides Temporary Relief for LIHTC Projects Due to COVID-19

By: Kendall A. Schnurpel and Scott C. Frissell on July 14, 2020

In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2020-53 to provide temporary relief for state housing credit agencies, bond issuers, owners and operators from time-sensitive requirements for qualified low-income…

Trademarks for Business Owners: 4 (More) Things Every Trademark Owner Should Know

By: Robert J. Goode on July 12, 2020

Your Trademark and the United States Patent and Trademark Office ("USPTO")


1.  Do I have to register my trademark with the USPTO to protect my trademark?

No, registration is not necessary for protection, but it does provide additional protection…

U.S. Supreme Court Extends Reach of “Ministerial Exception” for Religious Organizations

By: Elizabeth M. Roberson on July 8, 2020

On Wednesday, July 8, 2020, the United States Supreme Court released its opinion in Our Lady of Guadalupe School v. Morrissey-Berru, (“OLG”), which may affect employers that are churches or other religious organizations.  In its 7-2 decision, the…

Indiana Moratorium on Residential Property Evictions and Mortgage Foreclosures Will Continue Through the End of July 2020

By: Nicholas D. Strom on July 5, 2020

On June 30, 2020, Indiana Governor Holcomb issued Executive Order 20-33, extending his March 6th Executive Order (Executive Order 20-02). Of special importance for lenders, Executive Order 20-33 extended the prohibition on residential property…

US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate

By: Brett J. Ashton and on June 30, 2020

On June 29, 2020, the United States Supreme Court ruled on Seila Law v. Consumer Financial Protection Bureau.1  The Court held that the Consumer Financial Protection Bureau’s (“CFPB”) leadership by a single director removable only for “inefficiency,…

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