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Do I Need an Emergency List?

We frequently have questions related to the practical and financial panic after a death in the family when accounts, passwords, and assets are unknown. Sometimes, a family knows an estate plan was done but they cannot find the plan and don’t even know the law firm that drafted the plan. An emergency list can help to avoid these issues.

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We often see people lose their spouse, and have no idea how to access bank accounts, pay their bills, or even know what retirement accounts exist.

Because of this, we often recommend that clients compile a list of important assets, passwords, locations of important documents, etc.

In the event of an emergency, incapacitation, or even death, this list can help.

So what should you have on this emergency list?

  • If you work with any professional, such as your lawyers, physicians, financial advisors, etc., put their contact information on the list so that your loved ones can reach out to them, if necessary.
  • A list of all of your assets and how you can access them. Don’t forget to include pension information, retirement accounts, bank accounts, etc.
  • Put information about the location of your estate firm and contact information from the lawyer that drafted it.
  • Put information as to where all of your important documents are kept, such as your vehicle titles, deeds, Social Security cards, etc.

In an emergency situation, people don’t want to be scrambling to find important documents.

Life is full of uncertainties, but careful planning can help lessen the burden when you are already going through a tough situation.

Having a complete list can be incredibly helpful to your loved ones. It also ensures that your estate plan will be placed and carried out as intended.

It is also important to remember to update the list as your assets change. Keep the list current to eliminate confusion.

If you need help with your estate plan or creating an emergency list, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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Can Your EHR Template Land You in Prison?

If your electronic health record (EHR) template is set up incorrectly and leads you to be billed improperly, it could lead to prison time.

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In recent years, we have heard from many of our clients that their compliance plans received less attention than normal due to the pandemic, staffing issues, and other pressing concerns.

However, compliance enforcement is ongoing and it is essential to prioritize your compliance plan.

A Delaware physician was just convicted of a $5 million fraud scheme.

The physician billed Medicare for injections that he did not perform as billed. He billed for injections that he did not own the required equipment necessary to give the injections to patients.

He has not been sentenced, but faces up to 10 years of prison time for each of the 11 counts of fraud.

If you are using an EHR template, you need to make sure that your practice has it set up correctly. If it is not, it might indicate that you are using equipment that you don’t have or performing services that you cannot actually perform.

While that doesn’t appear to be the case with the Delaware physician, we have seen issues with the template leading to inappropriate automated selections and inappropriate billing that needs to be corrected.

Simple oversight or mistakes can lead to billing errors. It is essential that you have a thorough and effective compliance plan in place to find any issues and vulnerabilities, especially as it relates to your EHR.

We help our clients perform necessary functions to avoid fines and potentially prison time.

We often recommend that healthcare entities:

  • Audit their billing and EHR templates,
  • Update their policies and procedures,
  • Train their employees,
  • and ensure that all of their compliance programs are running smoothly.

If you have questions or need help with your compliance program, auditing, or EHR templates, contact Rickard & Associates today.

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What Happens When You Don’t Fund Your Trust?

After you work with your estate planning attorney to draft a carefully tailored estate plan, it is usually your responsibility to “fund” the trust.

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What does funding the trust mean?

Funding the trust is simply transferring assets into your trust.

If you have a trust, you will want to put your assets into the trust, by retitling bank accounts, re-designating beneficiaries of life insurance, etc. We walk our clients through the process, but we usually recommend that the clients make the transfers themselves.

If clients fail to make the transfers or fail to title them correctly, the assets will not be a part of the trust.

This means that the assets outside of the trust will still need to go through the probate court. Any assets in your name alone will require probate administration.

Probate administration is costly and can be time consuming. Avoiding probate is one of the main reasons people love using trusts. To fail to fund your trust is unfortunate, in that you will have taken the time to draft your trust, paid for your trust, and then your assets will still have to accrue the costs of probate.

Further, if the assets are not in your trust, they will not follow your wishes that you set out in the trust.

If you are overwhelmed by funding your trust, work with your attorney.

We help our clients understand the funding process and know exactly what they need to do to complete the funding. However, if our clients do not wish to fund their own trusts, we offer funding services.

It is essential to know that your trust is a living document that requires care during your life to get the full benefits of your trust. You need to ensure it is updated to reflect your wishes and assets, and that it is fully funded.

Once you have gone through the process of funding it initially, additional assets are easy to transfer in as you will know what to do and will only need to perform transfers as your assets increase.

Let us know if you have questions about your estate plan or funding your trust.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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How Can I Protect My Children in Estate Planning?

Many of our clients have concerns related to their children when planning estates. Concerns can range from making sure they are taken care of financially, choosing appropriate guardians, and more.

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Some of our clients biggest concerns are:

  1. I don’t want my child to blow all the money they inherit right away. We always tell clients the best way to ruin a great kid is by giving them tons of money. We work with clients to put a plan in place to help their children. One way we do this is to stagger their disbursements from a trust at certain ages. We usually allow the child to ask the trustee for money at any time for certain purposes. For example, if a child wanted money to pay for college, they would usually be able to get money from the trust for educational expenses. We work with our clients to alleviate their concerns regarding each of their children.
  2. I want to make sure my child will be cared for if something happens to me. This is almost always the primary concern of parents of young children. It is essential to draft documents and choose who would be the guardian of minor children, should something happen to the parents. We help our clients walk through this process to make sure they are comfortable with the language and guardians. We also help clients set up documents to keep assets in trust for minor children, should something happen to parents.
  3. I want to make sure my children will be taken care of if I die and my partner remarries. While this situation can be difficult to navigate, it is very important to consider and discuss while both parents are alive and well. Draft documents now so that you and your spouse know the plan and have documents in place to protect the children, should a parent retire after the death of a spouse.
  4. My children are no longer minors, but I want to be able to participate in their healthcare decisions if something happens to them. This is a major concern of parents with children away at college. As soon as your children turn 18, it is important to draft healthcare powers of attorney and even financial documents so that parents can still be aware of and involved in their care, should the child become injured or incapacitated.
  5. I want to make sure that my child is still able to do the things that are important to us, if something happens to me. For example, a client takes her child on vacation every year to the same location. If something happened to her, she wanted the appointed guardian to still take her child to their vacation spot each year. We were able to put language in her trust regarding the vacation and discuss this wish with her trustee. We also helped her draft a letter with helpful instructions.

Our clients all have unique concerns regarding their children. We help them tailor their estate plans to protect their children and protect against the concerns they have.

Estate planning requires thoughtful drafting to meet the needs of each individual.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

Contact us today with all your legal needs!

Are You Prepared for Russian Ransomware?

Recently, a health network in Pennsylvania was hacked by a Russian ransomware gang called BlackCat.

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BlackCat attacked a physician practice in Pennsylvania, but did not disrupt healthcare operations.

A ransomware payment was demanded, but refused by the healthcare system.

Sensitive information was accessed and the health system revealed the attack itself.

Is your practice prepared for a potential attack?

Does your staff know how to respond to a demand for ransomware? Is your healthcare data secure.

If not, now is the time to prepare.

Ransomware attacks continue to plague the healthcare system.

You need to make sure that your data is secure and your practice is protected against vulnerabilities.

How can you protect your practice against vulnerabilities?

Test your systems.

Know what security you have in place and make sure it is all up to date.

Look for any vulnerable areas and find out how best to patch them.

Make sure your policies, procedures and plans are accurate for your systems. They need to be truly representative of what actions you will take to protect your practice.

Train your employees on your policies and procedures.

All employees should be familiar with your breach readiness and response plans. Knowing how to act in the event of a breach can save your practice.

Your backups need to be secure to ensure that your data is safe.

If you need help updating your practice and protecting your systems and data, call us today.

If you have questions or need help with your healthcare practice, employee training, or security, contact Rickard & Associates today.

We know you’re busy. Subscribe to our blog to get updates and news sent directly to your inbox!

We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

FedEx Freight announces additional furloughs

FedEx Freight will furlough additional workers, the company confirmed Friday, a continuation of several months of cost-cutting measures by the logistics giant.

“In response to business conditions continuing to impact volumes, FedEx Freight is enacting another temporary furlough in some US markets to align our workforce with operational requirements,” the company said.

Some employees will be offered the opportunity to transfer to other markets and the furloughed employees will maintain health benefits and be provided other financial incentives, the company said. While the company did not say how many will be furloughed, it said the furlough period was “just under 90 days.”

A FedEx Freight Direct employee unloads a large package onto a driveway in a residential neighborhood.

A FedEx Freight Direct employee unloads a large package onto a driveway in a residential neighborhood.

“The company will continue to evaluate the environment and bring back furloughed employees as business circumstances allow,” the company said in a statement.

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The move comes on the heels of a Wednesday announcement the company will be cutting its officer and director team by more than 10%.

FedEx Freight had announced an initial round of furloughs in November due to slowing demand. The company also did not specify the number of workers impacted by that wave of furloughs.

Following a disappointing start to Fiscal Year 2023, FedEx in September announced plans to cut more than $2 billion across all divisions. In a second quarter earnings call, executives said the company was looking to cut an additional $1 billion.

All of the cuts have come amid a sustained drop in demand, which has been coupled with high operating costs.

“The FedEx team moved with urgency to make rapid progress on our ongoing transformation while navigating a weaker demand environment,” said FedEx President and CEO Raj Subramaniam on the second-quarter earnings call.

This article originally appeared on Memphis Commercial Appeal: FedEx Freight announced additional furloughs amid demand drop

Sheetz’s ‘smile policy’ for convenience store workers may not have teeth

Sheetz, the Pennsylvania-born convenience store chain, is reviewing an employee rule known as the “smile policy” after business news site Insider made inquiries about it.

The policy states that “applicants with obvious missing, broken, or badly discolored teeth (unrelated to a disability) are not qualified for employment with Sheetz.”

Sheetz spokesperson Nick Ruffner, reached for comment Wednesday, acknowledged the policy and said it “will continue to be under review.”

“Throughout our history to date we have embraced an appearance policy, because we know how important a smile is to the customer experience when serving hospitality. However, we are always reviewing our standing policies to make sure they best deliver on our values ​​and our commitment to our customers and employees,” Ruffner said.

The policy is “unusual and problematic,” Philadelphia employment lawyer Eric Meyer, of law firm FisherBroyles, said Wednesday. If the rule has an unequal impact on certain groups of workers it could be unlawful, he said, unless Sheetz can prove a legitimate business reason.

“Even taking into account the carve-out for people with disabilities … it could have the impact of discriminating against certain protected classes,” Meyer said. “There may be particular protected classes that have less access to dentists.”

For existing employees showing dental problems, the policy says, the issue should be resolved typically within 90 days.

“In the event that a current employee develops a dental problem that would limit their ability to display a pleasant, full, and complete smile, we cannot permit this situation to go on indefinitely,” it says, according to Insider. “In cases like this, the employee and store management, to include the District Manager and Employee Relations as necessary, will work to come up with a mutually agreed upon resolution.”

Sheetz, a family-owned chain based in Altoona, Pa., operates 669 stores throughout Pennsylvania, West Virginia, Virginia, Maryland, Ohio and North Carolina, and employs more than 23,500 people, according to the company’s website.

It’s also won rankings as a top workplace when it was No. 33 on Fortune magazine’s 2022 list of the 100 Best Companies to Work For, touting tuition assistance, 12 weeks of fully paid parental leave for new mothers, and other benefits offered to workers.

There are about 300 Sheetz locations in Pennsylvania, but none in Philadelphia. The closest locations to the city are in Morgantown and Reading, Pa., about 40 miles away.

Sheetz’s most noticeable presence in the Philadelphia region is in debate among Pennsylvania natives over which is better: Sheetz or Wawa, the similarly family-owned convenience store chain born in Delaware County. Some have even called for Sheetz to take over the retail spaces vacated by Wawa in Center City last year. A spokesperson for Wawa did not respond to a request for comment on Sheetz’s smile policy.

Meyer said employers generally should consider the business purpose when they’re writing appearance-based rules in the employee handbook.

“An appearance policy doesn’t really correlate with whether people are going to go to Sheetz, versus Wawa, versus Royal Farms,” ​​he said.

a trial over his tweets about Tesla

MICHAEL LIEDTKE Associated Press

SAN FRANCISCO — While still grappling with the fallout from a company he did take private, billionaire Elon Musk is now facing a trial over a company he didn’t.

Long before Musk purchased Twitter for $44 billion in October, he had set his sights on Tesla, the electric automaker where he continues to serve as CEO and from which he derives most of his wealth and fame.

Musk claimed in an Aug. 7, 2018 tweet that he had lined up the financing to pay for a $72 billion buyout of Tesla, which he then amplified with a follow-up statement that made a deal seem imminent.

But the buyout never materialized and now Musk will have to explain his actions under oath in a federal court in San Francisco. The trial, which began on Tuesday with jury selection, was triggered by a class-action lawsuit on behalf of investors who owned Tesla stock for a 10-day period in August 2018.

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Musk’s tweets back then fueled a rally in Tesla’s stock price that abruptly ended a week later, after it became apparent that he didn’t have the funding for a buyout after all. That resulted in him scrapping his plan to take the automaker private, culminating in a $40 million settlement with US securities regulators that also required him to step down as the company’s chairman.

Musk has since contended he entered that settlement under pressure and maintained he believes he had locked up financial backing for a Tesla buyout during meetings with representatives from Saudi Arabia’s Public Investment Fund.

The trial’s outcome may hinge on the jury’s interpretation of Musk’s motive for tweets that US District Judge Edward Chen has already decided was a falsehood.

Chen dealt Musk another setback on Friday, when he rejected Musk’s bid to transfer the trial to a federal court in Texas, where Tesla moved its headquarters in 2021. Musk had argued that negative coverage of his Twitter purchase had poisoned the jury pool in the San Francisco Bay Area.

Musk’s leadership of Twitter — where he has gutted the staff and released internal documents highlighting censorship of users and Twitter’s hand-in-glove relationship with federal agencies — has proven unpopular among Tesla’s current stockholders, who are worried he has been devoting less time steering the automaker at a time of intensifying competition. Those concerns contributed to a 65% percent decline in Tesla’s stock last year that wiped out more than $700 billion in shareholder wealth — far more than the $14 billion swing in fortune that occurred between the company’s high and low stock prices during the Aug. 7-17, 2018 period covered in the class-action lawsuit.

The lawsuit is based on the premise that Tesla’s shares wouldn’t have traded at such a wide range if Musk hadn’t dangled the prospect of buying the company for $420 per share. Tesla’s stock has split twice since then, making that $420 price worth $28 on an adjusted basis now. The shares closed last week at $122.40, down from its November 2021 split-adjusted peak of $414.50.

After Musk dropped the idea of ​​a Tesla buyout, the company overcame a production problem, resulting in a rapid upturn in car sales that caused its stock to soar and minted Musk as the world’s richest person until he bought Twitter. Musk dropped from the top spot on the wealth list after the stock market’s backlash to his handling of Twitter.

The trial is likely to provide insights into Musk’s management style, given the witness list includes some of Tesla’s current and former top executives and board members, including luminaries such as Larry Ellison, Oracle co-founder, as well as James Murdoch, the son of media mogul Rupert Murdoch. The drama may also shed light on Musk’s relationship with his brother, Kimbal, who is on the list of potential witnesses who may be called during a trial scheduled to continue through Feb. 1.