Brunini, Grantham, Grower & Hewes, PLLC (Brunini) announced that George O’Connor, former trial attorney with the Federal Energy Regulatory Commission (FERC) and former Vice President for Entergy Corporation, is joining the law firm. O’Connor will bring his extensive energy and regulatory experience to Brunini’s Washington, D.C. office.
“George knows Washington, energy litigation and federal energy policy,” said Brunini’s Curt Hebert, Jr who is former Federal Energy Regulatory Commission Chairman. “Our country’s energy revolution is powering the American manufacturing renaissance. George, with his extensive FERC experience, including his leadership role on the drafting and passage of the Energy Policy Act of 2005, as well as his corporate and private legal practice background, is the right person to assist our clients in taking advantage of that revolution. George has the objective experience to see clients’ needs through many prisms and we are delighted George has chosen to join Brunini.”
O’Connor served as an advisor to the Federal Energy Regulatory Commissioner Charles A. Trabandt from 1985-1993 prior to working in FERC’s Office of General Counsel. George’s experience includes regulatory practice, FERC and Senate staff leadership and he has a proven record of working with Congress and at the FERC. From March 2008-November 2010, he was hired by Entergy Corporation as Vice President of Federal Governmental Affairs.
Brunini’s Energy Practice is regarded as a premier regulatory practice. In rating Brunini as a Band 1 Firm, Chambers USA 2012 Client’s Guide notes: “[The Firm] has a wealth of experience in energy regulation and litigation. Over the years, the team has undertaken a number of large projects throughout the South, providing a full range of services, including regulation, permitting, financing, real estate and contract advice.”
The U.S. Department of Health & Human Services, Office of Inspector General (OIG) issued its second Advisory Opinion of the year on February 12, 2014. In this opinion, the OIG concluded that it would not impose sanctions under the anti-kickback statute or civil monetary penalty law on Medicare supplemental health insurance (Medigap), preferred provider organizations (PPO’s) and hospitals participating in PPO networks. The OIG conducted analyses under both the anti-kickback statute and civil monetary penalty law.The OIG determined that the arrangement failed to meet the safe harbor for waivers of beneficiary coinsurance and deductible amounts, or the safe harbor for health plan reduced premium amounts under the anti-kickback statute analysis. Nevertheless, the OIG found the Proposed Arrangement presents a low risk of fraud or abuse because: (1) Medicare payments for inpatient services are fixed and would not affect waivers or reductions in beneficiary cost sharing; (2) the arrangement was not likely to increase utilization because the amount waived by the hospital was owed by the insurer, not the patient; (3) hospital competition would not be adversely impacted because participation in the PPO networks would be open to all Medicare-certified hospitals that meet state law; (4) the remuneration would not affect medical judgment because patient would not incur any additional cost based on their hospital selection and the physicians and surgeons would receive no remuneration; and (5) the Policyholders would be informed that they may select any hospital without penalty or increased cost.The OIG next analyzed the arrangement under the civil monetary provision because the premium credits were incentives to choose a network hospital. OIG concluded the premium credits are sufficiently similar in purpose and effect to differentials in coinsurance or deductible amounts and therefore, excepted from the definition of remuneration. The OIG also noted that the arrangement had the potential to decrease the costs to certain Medigap Policyholders without increasing costs to others and the potential to reduce state-insurance rates.
Brunini, Grantham, Grower & Hewes, PLLC is pleased to launch the Brunini Blog. While our firm was founded over a century ago, we strive to embrace the latest technological advances so that we may provide our clients the highest quality service possible. So, this blog is a fitting step for us to take in order to enhance our communication efforts with clients and potential clients.