UPDATE: Bill Requiring Mandatory Training for Alcohol Servers Vetoed by Governor Brown

Update (9.30.16): California Governor Jerry Brown has vetoed AB 2121, a bill that would have required bartenders to complete a course to help them identify customers who may be intoxicated and to intervene. Under the bill, establishments that serve alcoholic beverages would have had to certify that their employees have completed the training when they apply for a license through the Department of Alcoholic Beverage Control (ABC). (Read More)

Physician Alert: CA Balance Billing Legislation Signed Into Law

California Governor Jerry Brown has signed into law a bill that is meant to address the issue of balance billing patients when they receive non-emergency medical services from an out-of-network physician at an in-network facility. The bill, AB 72, has been on a fast track through the California legislature despite criticism from some segments of the medical provider community. Providers should be aware of this legislation, as it could significantly impact your business. (Read More)

UK Supreme Court: Fraud Trumps the Finality of Settlements

In a recent decision that can have equal application in the United States, the UK Supreme Court ruled that fraud trumps the public policy arguments of finality and encouragement of settlements. (Read More) 

 

Federal Legislation Expected on Sober Living Homes

Sober living homes offer drug- and alcohol-free, cooperative living arrangements for people in the process of recovery from addiction. Rapid growth within the sector as well as increased media attention due to some recurring concerns expressed by frustrated communities, have led many states and municipalities to rethink their approach to substance abuse treatment and explore new modes of regulation. Now, federal legislators have said that they will intervene. (Read More)

21 States Sue Obama Administration Over Controversial New Overtime Rule

The fate of the new overtime regulations governing white collar employees has been thrown into doubt this week, as twenty-one states joined together to file suit in the Eastern District of Texas, alleging that the Department of Labor's new overtime regulations are an unconstitutional exercise of power. The rules are scheduled to take effect on December 1. (Read More)

New FAA Rules on Commercial Drone Use: Insurance Considerations

New rules promulgated by the U.S. Federal Aviation Administration (FAA) went into effect on August 29, 2016, clarifying what is acceptable commercial usage of small unmanned aerial vehicles (UAVs), also known as drones.

As a result of the new safety rules, the FAA estimates that there will be 600,000 commercial drones operating in the United States by the end of the year. If these growth projections materialize, the estimate for the U.S. drone insurance market is $500 million by the end of 2020. (Read More)

NYC Mayor to Introduce Fast Food Worker Scheduling Bill

New York City Mayor, Bill de Blasio, plans to introduce a law that would force fast food restaurants to schedule shifts in advance. The legislation, which Mr. de Blasio intends to draft with the City Council, is expected to include the following changes, according to a statement from the administration . . . (Read More)

FAQ: Disclosing and Charging Broker Fees in California

The California Department of Insurance (CDI) regularly receives a high volume of customer complaints concerning excessive broker fees or the failure to disclose such fees. The CDI intensively scrutinizes the imposition and disclosure of broker fees, and thus producers doing business in California must ensure full compliance with California law. Fortunately, the rules governing the conduct of producers acting as brokers are quite clear; if you use the appropriate forms, obtain the customer’s prior consent, and practice complete transparency, you will, in all likelihood, remain in compliance with California law.

Below are the answers to several frequently asked questions that commonly arise regarding broker fees in California:

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Washington AG Settles with Makeup Company Over Marketing Practices

On September 6, 2016, the Washington State Attorney General announced a settlement with Julep Beauty, Inc. and its owner Jane Park. The settlement requires the defendants to  pay $3 million for using deceptive “negative option” marketing tactics to lure consumers into signing up for recurring boxes of Julep products, and then making it very difficult to cancel their subscriptions. (Read More)

On the Clock: Physician’s Voluntary Engagement in Insurer's Internal Appeals Process Does Not Toll Statute of Limitations

An insurer’s optional appeals process does not toll the statute of limitations following unequivocal written denial of a claim. In Dev v. Blue Shield of California, a California appeals court held that the two-year statute of limitations applicable to claims for quantum meruit began to run when a health care provider received the “Explanation of Benefits” (EOBs), which constituted an unequivocal denial of payment. Out-of-network providers often appeal denied claims through an insurer’s internal appeals process. However, as laid out in the Dev decision, such appeals (and related correspondence) do not delay or otherwise suspend the statute of limitations – meaning that non-contracted physicians must be diligent in exploring and preserving their legal claims for fear of being time-barred at the conclusion of the optional appeals process. (Read More)