Professional Homecare Providers garnered another key victory in Waukesha County Court on February 14, following up on that court's ruling last September that the Department of Health Services may only recoup past payments to Medicaid providers if the Department cannot verify that the services were provided or if the Department determines that the amount paid was inaccurate or inappropriate for the services. On the Professional Homecare Providers' motion, brought by Attorney Diane Welsh, the court determined that the Department has failed to comply with the September order, violating its order and the injunction it imposed by continuing to pursue recoupments against individual nurses for prohibited reasons. As a result, the court issued a warning to the Department and ordered it to pay the providers' fees and costs for bringing the motion. Attorneys Susan Crawford and Aaron Dumas assisted in obtaining the supplemental relief sought by the Plaintiffs.
Attorney Susan Crawford co-authored an amicus brief on behalf of the League of Women Voters of Wisconsin in Whitford v. Gill, in which the federal court found the redistricting plan enacted by the Wisconsin Legislature in 2011 to be an unconstitutional partisan gerrymander. The League's brief, filed on January 5, 2017, addresses the appropriate remedy for the violation and discusses procedures the Wisconsin Legislature could use to create a new redistricting plan that would avoid the extreme partisanship that led to the court's ruling. Read about it here.
The Wisconsin Equal Rights Division has ruled that under Wisconsin's Family Medical Leave Act (WFMLA), the employer cannot impose use of WFMLA leave on the employee. Rather, it is the employee who decides whether and when to use medical leave under the WFMLA for a qualified illness or injury. Under the WFMLA, most Wisconsin employees are entitled to take up to a total of two weeks per year off work, unpaid, for their own or family members' serious medical conditions. They are protected from penalty (like write-ups and termination) for such absences.
Four Pines Bach LLP attorneys have been selected to the 2016 Wisconsin Super Lawyers list. Each year, no more than five percent of layers in the state are selected by the research team at Super Lawyers to receive this honor.
Attorney Ann Davies took on the responsibilities of Issue Editor for the October 2016 edition of the Wisconsin Journal of Family Law (WJFL). To serve in such a capacity requires a thorough and demonstrable understanding of the practice area --- its many challenges and multifaceted aspects. With a legal career committed exclusively to family law, Davies was the perfect fit.
Attorney Holly Slota published an article in the November/December issue of Our Lives magazine titled "Advances in Equality." In the article, she explains the recent victory for same-sex parental rights secured in part by another Pines Bach attorney, Tamara Packard, requiring the State of Wisconsin to issue birth certificates reflecting both same-sex spouses as parents of their children. To read Attorney Slota's article in full, click on the following link: http://ourlivesmadison.com/magazine/
Susan Crawford participated in a spirited panel discussion of Wisconsin's strict Voter ID law hosted by the American Constitution Society and the Federalist Society on October 27, 2016 in Madison. The panel also featured Wisconsin's solicitor general Mischa Tseytlin, Dane County Clerk Scott McDonell and University of Wisconsin Law School professor emeritus Bill Whitford. UW Law assistant professor Rob Yablon led the discussion. Read more about the event here: http://host.madison.com/ct/news/local/govt-and-politics/election-matters/wisconsin-solicitor-general-says-state-s-voter-id-law-is/article_4ea15b3d-7a84-5944-aea8-354d056f3ec0.html
Attorney Diane Welsh recently won a series of important rulings for Medicaid providers. The Wisconsin State Journal recognized the significance of the Waukesha County Circuit Court's findings by publishing an article about the matter in its Sunday edition. The story by David Wahlberg can be read on the newspaper's main site, or by clicking here.
On September 27, 2016, the Waukesha County Circuit Court ruled that the Wisconsin Department of Health Services may lawfully recoup past payments to Medicaid providers only if the Department cannot verify that the services were provided or if the Department determines that the amount paid was inaccurate or inappropriate for the services.
The Court also enjoined the Department from recouping Medicaid payments made to Medicaid-certified providers for medically necessary, statutorily covered benefits provided to Medicaid enrollees, based solely on findings of the provider's noncompliance with Medicaid policies or guidance where the documentation verifies that the services were provided.
Attorney Diane Welsh brought the suit on behalf of Professional Homecare Providers, a non-profit association of nurses who provide home-based care to patients with complex medical needs enrolled in the Wisconsin Medicaid program.
More than two years after marriage equality came to the State of Wisconsin, in September 2016, the Honorable Judge Barbara Crabb of the U.S. District Court for the Western District of Wisconsin ruled that the State of Wisconsin must issue birth certificates reflecting both same-sex spouses as parents of their children born to one of the spouses since Crabb's marriage equality ruling on June 6, 2014. This victory was achieved by the attorneys at Lambda Legal and cooperating local attorneys, including Tamara Packard. The Court has also issued an injunction, which describes the steps families should follow to obtain two-parent birth certificates.