HR White Papers

White Papers from leading HR experts provide great insight and research on timely relevant HR topics.

CMS Softens Physician Inpatient Order Documentation Requirement

March 13, 2019

What are the implications for providers? The Centers for Medicare & Medicaid Services, as of 10/1/18, eliminated the requirement that a signed physician order needs to be in the medical record to set up inpatient coverage. It may seem like this change in guidance does away with one technical basis for denials, however it doesn’t remove the need for evidence that a physician judged a patient in need of inpatient services. This white paper reviews this changed in requirements; and discusses implications for providers.

Basics of Construction Insurance: Commercial General Liability Insurance

February 27, 2019

Do you know how much your policy language controls? On almost every construction project the contractor and subcontractors are required to provide some form of liability insurance coverage. In most construction contracts the general contractor and the subcontractors are to maintain liability insurance to protect against unforeseen events. A Commercial General Liability Insurance or a Comprehensive General Liability policy, both commonly referred to as a “CGL” Policy, are the most common in the market. This white paper reviews property damage, policy period and triggers, and exclusions typically involved in construction claims.

DOJ Settlement Highlights False Claims Act Risk for Skilled Nursing Facilities

February 27, 2019

$10 million settlement avoided a trial with false claims accusations. The settlement in this case identifies the commitment of skilled nursing facilities to watch carefully that they are providing the appropriate level of therapy services to residents. This white paper discusses the Supreme Court case and reviews the False Claims Act and how to perform an internal review.

Disciplining Disabled Students in Compliance with Section 504

February 6, 2019

Disabled students are generally subject to a schoolís disciplinary codes. Section 504 requires school districts to consider a student’s disability before disciplining the student under its generally applicable disciplinary policies. This includes considering whether it should exempt a disabled students from its disciplinary code and a requirement that public schools conduct manifestation reviews before suspending a student from more than ten consecutive days. This white paper reviews why a student’s disability does not necessarily mean the student is exempt from compliance with a school’s disciplinary policies or code of conduct; and discusses Section 504 and extracurricular athletics.

Syndicated Debt Transactions - London, European Union

January 23, 2019

It is necessary in all syndicate transactions to contemplate the possibility of a lender defaulting on its obligations. Increasingly complex protocols are being included for lender default, largely as a consequence of lender failures during the credit crisis. Consideration will need to be given to the nature of the syndicate, the participation by individual members, the consequences of a syndicate member failure or default, and the willingness of other syndicate members to take up responsibilities in these circumstances. These will depend upon the nature of the syndicate participants, in many cases, and on the requirements of the issuer as to assurance of full syndicate participation. This white paper reviews definitions of lending terms, majority lenders' instructions, and required consents.

Can a Whistleblower Disclosure About Misleading Earnings Projections Qualify for an SEC Whistleblower Award?

December 19, 2018

Penalties in the millions are a real possibility. A recent enforcement action has one company handing over a $34.5 million penalty. This action demonstrates how the failure to reveal known increases in risk regarding a company’s ability to reach a vital financial goal can defy the anti-fraud provisions of the Securities Act of 1933. This white paper reviews that action and what final outcome looked like.

Who Killed Project Management?

November 14, 2018

A Bakerís Dozen of Project Management Doís and Doníts Whether your project is producing the annual department meeting, building a stretch of the Interstate, or creating software for the next Mars rover, the fundamental rules of good project management always apply. Read this white paper and receive project management do’s and don’ts to help your project run smoothly.

Does the Internet Vendor Sell Items or Engage in Activity That is Subject to the Destination State's Sales and Use Tax?

November 7, 2018

Sales and use taxes arise from state law and vary from state to state. Sales and use taxes arise from state law and vary from state to state. A few states – such as New Hampshire and Oregon – have chosen not to impose a general sales or use tax at all. Other states have elected to tax not only sales or rentals of tangible personal property, but also virtually every type of business transaction, including services. Other states fall somewhere in the middle. This white paper reviews software and information services purchases.

SEC Whistleblower Rewards for Reporting Inflated Key Performance Metrics

November 7, 2018

If I report my companyís inflated key performance metrics, can I qualify for an SEC whistleblower reward? According to the rules of the SEC Whistleblower Program, when someone discloses information regarding a company’s falsely inflated key performance metrics they are able to qualify for a whistleblower award. The amount of the award can be in the amount of 10%-30% of the sanctions that is collected by the SEC. This white paper reviews enforcement action for inflated key performance metrics.

Itís a Topsy-Turvy Workplace Ė Right Now, Common Sense is on Top

October 31, 2018

Recent NLRB memo proves common sense has won again. At least for now. The National Labor Relations Board released a memorandum regarding “Guidance on Handbook Rules Post-Boeing.” While the absence of consistency may be discouraging for corporations, this time around there is some good news in that common sense has appeared to be the victor. This June 2018 memo devotes a new standard to different topics frequently addressed in handbooks or other company policies. This white paper reviews this new guidance and defines three categories of rules.

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