On November 23, 2021, the Wisconsin Department of Health Services (DHS) conducted a live webinar to answer questions surrounding the Centers for Medicare & Medicaid Services (CMS) COVID-19 Vaccine Mandate scheduled to take effect December 6, 2021.The most frequently asked question among providers was, “Does the vaccine mandate apply to our facility?” The response by DHS was consistent that if your facility or provider type bills Medicare via a CMS Certification Number, the CMS vaccination mandate applies to you.
Continue Reading Wisconsin Department of Health Services Answers Questions About the CMS Vaccination Mandate

With Thanksgiving 2021 upon us, this year has proven to be more challenging than we had hoped, as the pandemic lingers, and we are still finding our way to keeping everyone as healthy as possible while moving forward. To keep building the resilience we all need to make our way, we want to lean on our gratitude to support us on this journey. While we are grateful as we see new prevention and treatments for Covid-19 unfolding at breathtaking
Continue Reading Our Gratitude To You: Helping Us Build Resilience in Challenging Times

State v. M.P.H.-R., 2021AP1628, 11/23/21, District 1 (1-judge opinion, ineligible for publication); case activity

M.P.H.-R gave birth to A.S.H. in 2011 when she was just 14 years old. Since then both mother and daughter have suffered mental health problems. They lived together briefly twice over the intervening 10 years. Otherwise, for 7 years A.S.H. has lived with a foster family.  The trial court terminated M.P.H.-R.’s parental rights based on §48.426(3)‘s “best interests of the child” factors. The
Continue Reading COA Affirms TPR Based on Best Interests of the Child

By Sally A. Piefer

November 23, 2021

As we previously reported, on November 4th, OSHA released its emergency temporary standard (“ETS”) which requires employers with 100 or more employees to develop, implement, and enforce a written mandatory COVID-19 vaccination policy. Alternatively, covered employers may adopt a written policy requiring employees to either choose to be vaccinated or undergo regular testing and wear a face covering at work.

The ETS gave employers until December 5, 2021 to do the following:
Continue Reading Update on OSHA’s Mandatory Vaccine Rule: What Should Employers Do?

The Centers for Medicare and Medicaid Services (“CMS”) recently released key Medicare figures for 2022 that will affect all elderly and disabled individuals who receive program benefits.  This notice summarizes the changes and their impact on various benefits.

As is normally the case, Medicare deductibles and premiums have both increased and decreased for 2022.  Many deductibles and co-pays are covered by supplemental Medicare insurance policies, also known as “Medigap” policies (i.e., to cover the “gaps” in Medicare coverage).

Deductibles
Continue Reading CMS Releases Key Medicare Figures for 2022

Nov. 23, 2021 – Wisconsin law does not restrict a circuit court’s award of restitution for reasonable repair cost to the value of the property.

In State v. Stone, 2020AP1661-CR (Nov. 17, 2021), the Court of Appeals District II interpreted Wis. Stat. section 973.20(2)(b) to hold that a restitution award for reasonable repair cost is tied to repair costs, not the actual value of the property.
Joy Ride Sidelined Farm Truck
In January 2017, Alex S. ​Stone drove
Continue Reading Restitution for Reasonable Repair Cost Not Limited to Actual Value of Property

Nov. 23, 2021 – A man who served nearly 12 years in prison out-of-state after being sentenced in Wisconsin is not entitled to have that time credited against his Wisconsin sentences because it was not connected to the conduct underlying the Wisconsin sentences, the Wisconsin Supreme Court has ruled.

In State v. Lira, the supreme court affirmed the link between Wis. Stat. section 973.15 and section 973.155 and restated that the test under section 973.155(5) for whether an
Continue Reading Supreme Court Affirms ‘Connected to Conduct’ Rule for Sentence Credit Calculation

One case short of a top 10 list, this is a summary of nine recent decisions from the Wisconsin Court of Appeals that discuss insurance coverage.

Readers should note that several of the decisions discussed are unpublished, per curiam decisions, so an understanding of Rule 809.23(3)(a)-(b) is important.

Despite a prohibition on publication, the per curiam decisions discussed in this article are important in that they help the reader understand how courts have analyzed various coverage issues, and ​that
Continue Reading Nine Recent Insurance Coverage Appeals Court Decisions

With just 10 words, Centers for Medicare & Medicaid Services (“CMS”) announced sweeping changes to nursing home visitation rules – “Visitation is now allowed for all residents at all times.”
On November 12, 2021, the Quality, Safety & Oversight Group at CMS issued a revised memorandum entitled “Nursing Home Visitation” (“CMS Visitation Memo”) that announced updated visitation standards for nursing homes.
Key elements of the changes made by the CMS Visitation Memo include:
Visitation for All Residents at All
Continue Reading Skilled Nursing Visitation Update: Key Elements of CMS’s Sweeping Visitation Reset

People forming a new business and selecting between the different entity types may be unaware of the impact the formation choice can have on future lawsuits. In particular, the citizenship of the business can be critical to determining whether a case belongs in state court or federal court when a dispute involves over $75,000. With the many considerations business owners have to weigh when forming a new entity, the effect on hypothetical litigation is unlikely to be of primary
Continue Reading Determining the Citizenship of Businesses

Last week, I provided a brief overview of the gift tax in a vlog.  You can view the vlog here.  In this blog post, I’ll expand on basic gift tax concepts, just in time to make your holiday gifts.
What is the gift tax?  Basically, the gift tax is a tax imposed on the gratuitous transfer of property during your lifetime.
Wisconsin does not impose gift tax, but some other states impose gift taxes and other related taxes,
Continue Reading What is the Gift Tax and How Does it Work?

As Hall Render noted, last week the Sixth Circuit was selected to be the sole Court of Appeals to hear the 27 lawsuits brought to challenge the OSHA vaccine Emergency Temporary Standard (“ETS”). Nearly simultaneously, the Occupational Safety and Health Administration (“OSHA”) suspended the enforcement of its vaccine ETS.
OSHA Suspended Enforcement of Its Vaccine ETS
On November 12, 2021, the Fifth Circuit temporarily stayed OSHA’s implementation of its vaccine ETS. This stay required that OSHA refrain from taking
Continue Reading As Legal Challenges Continue, OSHA Suspends its Vaccine ETS

Wisconsin is currently on track to adopt new continuing education requirements for investment adviser representatives (IARs).To offer securities or investment advice, a financial professional must be registered with the Wisconsin Division of Securities as a representative of a securities broker-dealer or investment adviser, or both.Broker-dealer agents have long been subject to continuing education requirements. IARs are not – making them one of the few professionals not required to complete continuing education (CE), unless done as a condition of some
Continue Reading Continuing Education Requirements on the Horizon for Investment Adviser Representatives

New York Times, April 25, 1870

We launched this website two years ago with a post titled “A case of mistaken identity,” which explained how we had discovered that a photograph that people had believed to be Lavinia Goodell was not her at all. We commented that historical research is a lot like detective work. You must follow the facts wherever they lead, and if you find errors in the historical record, you must try to correct them. This
Continue Reading “In the Matter of William and Sylvanus Lyon, Bankrupts.”