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659 ExxonMobil Corp. v. Lazy R Ranch, LP, 511 S.W.3d 538 (Tex. 2017)

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ExxonMobil Corp. v. Lazy R Ranch, LP ExxonMobil Corp. v. Lazy R Ranch, LP, 511 S.W.3d 538 (Tex. 2017) (Discovery rule on soil and groundwater contamination), held that there is nothing […] More...

624 Sw. Royalties, Inc. v. Hegar, 500 S.W.3d 400 (Tex. 2016)

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Southwest Royalties, Inc. v. Hegar Sw. Royalties, Inc. v. Hegar, 500 S.W.3d 400 (Tex. 2016) (Sales tax exemption for downhole equipment), held that the sales tax exemption for equipment used in […] More...

Working With PBMs

By: Jeffrey S. Baird, Esq. A Pharmacy Benefit Manager, also known as a PBM, is a third party administrator contracted by health plans, employers, unions and government entities to manage prescription drug programs. A PBM acts as a fiscal intermediary between insurers/payors and pharmacies. There is an old saying: “Possession is 9/10ths of the law.” […] More...

HIPAA Privacy Rule and Marketing

By: Jeffrey S. Baird, Esq. & Elizabeth H. Jepson, Esq. An important element of the success of a DME supplier is a vibrant marketing program. In implementing a marketing program, the supplier needs to avoid pitfalls pertaining to the Medicare anti-kickback statute (“AKS”), the federal beneficiary inducement statute, the federal telephone solicitation statute, the Stark […] More...

Medicaid Managed Care and Sole Source Contract

By: Jeffrey S. Baird, Esq. and Pam F. Colbert, Esq. With the shifting sands of the Affordable Care Act (“ACA”), and with 78 million Baby Boomers retiring at the rate of 10,000 per day, there is more need – but less funding – for state Medicaid programs. State Medicaid programs are seeking a path to […] More...

Recent Legal Issues Involving HME Supplier And Manufacturer Relationships

By: Bradley W. Howard, Esq. In recent years the home medical equipment (“HME”) industry has actively sparred with the Federal Government (the “Government”) over the process and reimbursement of direct to patient care. Now the Government has moved their way up the HME chain, and instead of limiting their attention to HME entities involved in […] More...