CMS issued an Alert on November 15, 2016, concerning 2017 Recovery Thresholds. On December 12, 2016, it issued another Alert regarding 2017 Reporting Thresholds. CMS also updated its NGHP User Guide on January 3, 2017.
The effect of the Alerts:
Reporting Threshold: $750.00 for liability insurance (including self-insurance), no-fault insurance, and workers’ compensation payments.…
By the Admiralty and Maritime Team
In an earlier blog post here we highlighted the facts in Island Operating Co., v. Jewell, et al., Civil Action No. 16-145, currently pending in the Lafayette Division of the Western District of Louisiana. The central issue in Island Operating is whether a contractor that provides personnel to…
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy. A series of blogs are planned to address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,…
The UK Environmental Audit Committee (a cross-party parliamentary select committee which considers how well government policies and programmes contribute to environmental protection and sustainable development) has published its report on “The Future of the Natural Environment after the EU Referendum”. The report makes a series of recommendations for actions that the Government should take during the Brexit process to avoid weakening levels of environmental protection after Britain leaves the EU.
The key recommendation is that a new Environmental Protection Act must be put forward during the Article 50 negotiation period, to provide an equivalent or better level of environmental protection to that which is currently in place. The Committee sees this as a pre-requisite to ensure the Government meets its manifesto pledge to “be the first generation to leave the environment in a better state than it found it”.
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the RMP Rule . On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy.
In the proposed rule, the EPA essentially agreed that the scope and trigger for post incident investigation was not universally understood or applied. The final rule…
Recognizing the global problem of abuse and addiction to opioids, the Louisiana Legislature and the Louisiana Board of Pharmacy have enacted legislation and regulations to provide for the prescribing, dispensing and administration of Naloxone, an opioid antagonist.
In 2014, the Louisiana Legislature passed legislation authorizing “first responders” (peace officers, firefighters, EMS practitioners) to receive a…
Although the focus and priorities of a new US EPA administration under President-elect Trump remain unclear, regulatory changes may be in the works that could require certain industrial entities to either change how they handle stormwater discharges or face lawsuits brought by environmental groups. As described more fully below, US EPA entered into a settlement agreement on August 16, 2016 with a coalition of environmental organizations related to US EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP). That settlement agreement contemplates changes to US EPA’s next promulgation of the MSGP, which applies to stormwater discharges associated with activities within a wide range of industrial sectors including coal mining, oil and mineral extraction, cement manufacturing facilities, landfills, paper and printing facilities, junk yards, and others.
Continuing the trend from 2015, 2016 has seen a significant number of large, public data breaches. Many of these breaches involved high-profile companies such as the Democratic National Convention, Internal Revenue Service, MySpace, Yahoo!, and Anthem. Since large corporate and government breaches typically get the most attention, many smaller, local businesses can be lulled into…
On November 29, 2016, EPA announced the first ten chemicals for which the Agency will perform a risk evaluation under the Toxic Substances Control Act (“TSCA”), as reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, passed earlier this year. As part of this review, EPA will evaluate whether the chosen chemicals “present an unreasonable risk of injury to health or the environment.”
The doctrine of maintenance and cure mandates that an employer pay an injured seaman a per diem living allowance for food and lodging comparable to what the seaman was entitled to while at sea. The injured seaman is also entitled to payment of medical expenses incurred in treating an injury or illness. The duty to…
