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Following Medicare’s Lead: State Medicaid Audits and Investigations

(March 2012) Question: In addition to being besieged by Medicare prepayment reviews and post-payment audits, I am seeing an increase in activity by state Medicaid programs. What is going on? Answer: With 78 million “baby boomers” retiring at the rate of 10,000 per day, Medicare will continue to be a pivotal part of our nation’s […] More...

1099 Independent Contractor Marketing Reps

(January 2010) Question Isn’t there any way for an HME company to pay commissions to a 1099 independent contractor marketing rep who generates both Medicare and commercial business for the company? Answer To quote from an old Patti Loveless country song: “What part of ‘no’ don’t you understand?” There are very few things in life […] More...

Buying And Selling A Business

(August 2009) Introduction Without question, significant changes to the Home Medical Equipment (“HME”) industry are on the horizon. The implementation of competitive bidding, accreditation, reimbursement changes, and increased fraud enforcement has all had a significant impact on the operation and profitability of HME companies. This period of turmoil is both an opportunity for large suppliers […] More...

472 State Agencies & Institutions of Higher Educ. v. R.R. Comm’n of Tex.

Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   State Agencies & Institutions of Higher Educ. v. R.R. Comm’n of Tex., 421 S.W.3d 690 (Tex. App.—Austin 2014, no pet.) affirms a rate setting procedure in which the Railroad […] More...

471 Tex. Coast Utilities Coal. v. R.R. Comm’n of Tex.

Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Tex. Coast Utilities Coal. v. R.R. Comm’n of Tex., 423 S.W.3d 355 (Tex. 2014) held that the Railroad Commission of Texas (“TRC”) is expressly authorized under the Gas Utility […] More...

309 Tex. Rice Land Partners, Ltd. v. Denbury Green Pipeline-Tex. LLC

Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas LLC, 363 S.W.3d 192 (Tex. 2012), held that the grant of a T-4 permit to a pipeline company by the […] More...

140 Railroad Commission of Texas v. WBD Oil & Gas Co.

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Railroad Commission of Texas v. WBD Oil & Gas Co., 2002 WL 31992122 (Tex. 2003) holds that an aggrieved party may lose the right to challenge Railroad Commission field […] More...

194 Shoreham Oil & Gas Co. v. State

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Shoreham Oil & Gas Co., Inc. v. State, 260 S.W.3d 249 (Tex. App.—Austin, Jul. 25, 2008, no pet.), holds that the filing of a Texas Railroad Commission form showing […] More...

124 Ken Petroleum Corporation v. Questor Drilling Corporation

Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Ken Petroleum Corporation v. Questor Drilling Corporation, 24 S.W.3d 344 (Tex. 2000), construes the Texas Oilfield Anti-Indemnity Act (“Act”). The ACT has specific application to drilling contracts, and it […] More...