Business Law

CMS may enforce interim final rule imposing COVID-19 vaccine mandate on Medicare and Medicaid facilities. Read more

Regulations authorizing family members to admit elderly relatives to residential care facilities do not authorize them to enter arbitration agreements. Read more

Interpreting Ohio’s versions of two uniform acts, the Uniform Commercial Code (UCC) and the Uniform Fraudulent Transfer Act (UFTA), the Sixth Circuit Court of Appeals (the “Court”) ruled that an involuntary debtor’s payments to a lender under the parties’ revolving loan Read more

A recent Bankruptcy Court decision from the Western District of Washington (the “Court”) disagreed with a 2007 case from the Ninth Circuit Bankruptcy Appellate Panel (BAP) and a 2021 case by the Bankruptcy Court of the District of Idaho Read more

Hospital liable for adopting policies that failed to protect female mental patients against the risk of sexual assault. Read more

In Guevarra v. Whatley (In re Guevarra), 2021 WL 1179619 (BAP 9th Cir. Mar. 29, 2021), the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) vacated the bankruptcy court’s decision to sustain an objection to the claimed California wildcard exemption Read more

The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) reversed a bankruptcy court decision that had ruled a debtor’s disclaimer of his interest in a trust was invalid because he had accepted the interest before he waived it, resulting in a claim for a fraudulent transfer by the trustee. Read more

DHCS may recoup the cost of Medi-Cal services from pay-on-death trust beneficiary. Read more

In Berkovich v. California Franchise Tax Board (In re Berkovich), 15 F.4th 997 (9th Cir. 2021), the U.S. Court of Appeals for the Ninth Circuit (“Court”) held that when a debtor’s federal tax liability is adjusted and the debtor fails to report the adjustment to the California Franchise Tax Board, the additional tax owed to the state is nondischargeable. Read more

Nursing Board may revoke license for unprofessional conduct and dishonesty in assessing the transfer of a residential care facility resident. Read more