melodie, Author at Brown & Fortunato

107 Riley v. Riley

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Riley v. Riley, 972 S.W.2d 149 (Tex. App.—Texarkana 1998, n.p.h.) reviews homestead rights in oil and gas production and the applicability of the open mine doctrine. At the time […] More...

342 Hausser v. Cuellar

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Hausser v. Cuellar, 345 S.W.3d 462 (Tex. App.—San Antonio 2011, pet. denied), harmonizes seemingly conflicting granting and future lease clauses within a deed by determining the grantor’s intent within […] More...

129 Utley v. Marathon Oil 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. Utley v. Marathon Oil Co., 31 S.W.3d 274 (Tex. App.—Waco 2000, n.pet.h.), construes a continuous operations clause and a shut-in royalty clause in a lease termination case. Marathon commenced […] More...

Brown And Fortunato, P.C. Announces That Gregg R. Cannady Has Joined The Firm

Brown and Fortunato, P.C. announces that Gregg R. Cannady has joined the firm. Gregg R. Cannady brings 18 years of private law practice experience with a leading Dallas-based law firm and 5 years experience serving as general counsel for one of Texas’ largest home healthcare providers. Gregg was born in Guymon, Oklahoma and grew up […] More...

Brown & Fortunato, P.C. Recognized As A Top Medium Business

Brown & Fortunato was recognized as a Top Medium Business at the Amarillo Chamber of Commerce Annual Banquet & Business Excellence Awards. The chamber Business Council makes the selections based on a number of factors including growth, innovation and community involvement. # # # # The attorneys at Brown & Fortunato represent a diverse group […] More...

Jeffrey S. Baird Serves On AAHomecare’s Regulatory Council And Audit Task Force

Jeffrey S. Baird serves on AAHomecare’s Regulatory Council and Audit Task Force. AAHomecare is the national association for HME companies. The regulatory Council works with CMS in implementing and revising regulations and guidelines affecting the HME industry. The Audit Task Force works with CMS in implementing and revising post-payment audits and prepayment reviews conducted by […] More...

Jeffrey S. Baird Serves On The Medtrade Education Advisory Board

Jeffrey S. Baird serves on the Medtrade Education Advisory Board. The committee selects programs that will be the most valuable to the attendees of the two Medtrade conferences. Medtrade is a conference attended by owners and employees of home medical equipment companies and the manufacturers and other vendors that sell products and provide services to […] More...

Loan Closets, Employee Liaisons, Preferred Provider Agreements And Other Arrangements With Referral Sources

(October 2013) The HME industry today is a totally different animal from yesterday. The industry has matured, technology has progressed, and demand is increasing exponentially. The flip side is that the industry has been hit with breathtaking legislative and regulatory changes. In order to succeed, many suppliers are entering into strategic alliances and business arrangements. […] More...

Abandonment Of Patients Can Lead To Supplier Number Revocation

(September 2013) In late August, CMS published the following announcement regarding “abandonment” of patients: MLN Connects Provider eNews 08/22/13 Replacement of Home Oxygen Services in the Event that a Supplier Exits the Medicare Oxygen Business Effective immediately, CMS will allow for the replacement of oxygen equipment in cases where a supplier exits the Medicare oxygen […] More...

Purchase Of HME Company: A Primer

(August 2013) Most acquisitions are “asset” acquisitions although I am seeing an increase in “stock” acquisitions. Assume that John Smith owns XYZ Medical Equipment, Inc. (“XYZ”). Assume that Smith desires to sell XYZ to Mary Jones, individually, or to a legal entity (e.g., ABC Medical Equipment, Inc. (“ABC”)) owned by Jones. Asset Purchase In an […] More...