29 June 2022

Supreme Court Opens Door to Limiting Reimbursement Rates for Outpatient Dialysis Treatment

On June 21, 2022, the U.S. Supreme Court published a decision in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc, which may attract the attention of plan sponsors of self-funded group health plans wishing to limit reimbursement rates for outpatient kidney dialysis treatment.  Marietta involved a challenge by DaVita, one of the nation’s […]

28 June 2022

Sixth Circuit Strikes Blow for Sponsors of 401(k) Plans in Fiduciary Litigation

On June 21, 2022 the Sixth Circuit released a powerful opinion in defense of fiduciaries managing employees’ investment options in 401(k) plans, stating that the Employee Retirement Income Security Act (ERISA) “does not give the federal courts a broad license to second-guess the investment decisions of retirement plans.”  The unanimous decision—Smith v. CommonSpirit Health—is the […]

23 June 2022

Elder Law: Medicaid Planning

Miller Johnson has Elder Law attorneys and staff who are specifically dedicated to helping seniors, vulnerable or disabled individuals, and their families in accomplishing their goals to protect themselves, their assets, and plans for the future. Our Elder Law attorneys know, recognize, and understand the unique issues facing older or disabled clients and their families. […]

14 June 2022

Michigan Supreme Court Decides: Assignments Still Matter

On June 10, 2022, the Michigan Supreme Court issued a unanimous decision in Mecosta County Medical Center v. Metropolitan Group Insurance Company, a case handled by Miller Johnson’s Med Recovery Group with significant implications for medical providers seeking payment of no-fault claims. The essence of the Court’s decision:  although providers now enjoy the independent and […]

09 June 2022

Why Does Speed Matter? The timely billing of a no-fault insurer.

One of the major changes that occurred in the recent amendment of the no-fault act gave consumers the option to choose the level of coverage for their no-fault benefits. These coverage levels include: $50,000.00 for drivers with Medicaid $250,000.00 $500,000.00 Unlimited Consumers with Medicare can opt-out of no-fault medical benefits When encountering an injured person […]

09 June 2022

Final Reminder: OFCCP Certification Deadline Rapidly Approaches

The deadline for federal government contractors and subcontractors to certify compliance in preparing their affirmative action programs is rapidly approaching. As previously reported in client alerts on December 2, 2021 and March 10, 2022, in August 2021, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) information collection […]

06 June 2022

Just When You Thought You Had Title IX Figured Out, A New Twist

Does your school’s Title IX Coordinator know about each and every incident of sex-related misconduct that has occurred within the district?  Do all of your building-level teachers, counselors and administrators who usually receive reports of misconduct know how to identify what might qualify as “sexual harassment” that should be reported to the Title IX Coordinator?  […]

26 May 2022

Exhausted No Fault Medical Benefits! Not So Much

For Michigan no fault policies sold or renewed after July 1, 2020 consumers may select a PIP medical benefit coverage level that works best for their situation.  Generally, the options are $50,000, if the person is enrolled in Medicaid, $250,000.00, $500,000.00 or traditional unlimited.  But purchasing a capped medical no fault policy is an important […]

25 May 2022

Making the Move from Michigan to Florida? Learn How To Legally Call Florida Home.

Each year, clients evaluate whether they would be better served to move their legal domicile to Florida. Many clients are drawn to Florida not just for the sun and sand, but also for the favorable tax rules and other things that Florida has to offer. Florida’s tax system is very appealing to those who have […]

23 May 2022

Special Needs Trust Planning

What is a Special Needs Trust? A Special Needs Trust provides financial assistance to a person with a disability without interfering with essential governmental benefits like Supplemental Security Income (SSI), Community Mental Health, and Medicaid.  Some individuals with disabilities have private health insurance and other sources of support, but many rely on means-tested governmental benefit […]