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BMD Makes 2023 U.S. News & World Report "Best Law Firms" Edition

Client Alert

Brennan Manna & Diamond (BMD) is pleased to share the news that our firm is recognized among the “Best Law Firms” in the U.S. News & World Report 2023 edition in 14 practice areas.  “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.    

This year, BMD is recognized in the metropolitan areas of Akron (Akron office), Cleveland (Cleveland office), and Fort Myers (Bonita Springs office) for professional excellence in: 

Metropolitan Tier 1
Akron

  • Health Care Law 
  • Litigation - Trusts & Estates 

Metropolitan Tier 2
Akron

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law 
  • Corporate Law 
  • Litigation - Intellectual Property 
  • Litigation - Labor & Employment 
  • Trusts & Estates Law 

Cleveland 

  • Corporate Law 

Fort Myers (Bonita Springs)

  • Real Estate Law 

Metropolitan Tier 3 
Akron 

  • Closely Held Companies and Family Businesses Law 
  • Tax Law 
  • Trademark Law 

Cleveland 

  • Health Care Law 
  • Litigation - Labor & Employment 

Congratulations to our attorneys who are recognized for their professional excellence. 


Proposed Laboratory Arrangement Draws Heightened Scrutiny from the OIG

On September 25, 2023, the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 23-06 (AO). The Opinion involved a proposed arrangement between an independent laboratory and other physician laboratories for the purchase of the technical component of anatomic pathology services. The OIG ultimately concluded that the arrangement at issue, if it was entered into with the requisite intent, would implicate the Federal Anti-Kickback Statute (AKS) and constitute grounds for sanctions.

SMALL BUSINESS ALERT: January 1, 2024 - Beneficial Ownership Information Reporting

Beginning on January 1, 2024, many small businesses across the United States will have to report personal information about their owners, beneficial owners, and others who own or exercise control over the company. The information will have to be reported to, and maintained by, the Financial Crimes Enforcement Network (“FinCEN”) as part of the Beneficial Ownership Information Rule. FinCEN is a bureau of the U.S. Department of the Treasury.

Health Care Inclusivity for the LGBTQIA+ Community

Healthcare providers, regardless of practice setting, should be aware of the healthcare disparities for LGBTQIA+ individuals, and ways in which they can be more inclusive of these individuals by making modifications to their practices.

Obtaining Patient Consent

Patients have autonomy to choose what can and cannot be done to their bodies. Therefore, informed consent is required before any treatments or procedures commence. This is a stark contrast to the previously recognized paternalistic approach, which relies solely on the decision-making of the provider. However, in order for patients to really choose whether or not to submit themselves to a particular healthcare service, they must actually understand what the service is. Therefore, patient consent should help the patient understand the risks and benefits, as well as any alternative treatment options.

Over-the-Counter Contraceptive Pills Are Coming, But Will Insurance Cover Them?