Zachary J. Crain News Archive

Posted November 25, 2020

Anti-Kickback Statute and Stark Law Regulations: Final Rules Issued

On November 20, 2020, the Department of Health and Human Services (HHS) published two final rules that aim to reduce regulatory barriers to care coordination and accelerate the transformation of the healthcare system to value-based care. The HHS Office of Inspector General (OIG) issued the final rule “Revisions to the Safe Harbors Under the Anti-Kickback Statute and Civil Monetary Penalty Rules Regarding Beneficiary Inducements,” and the Centers for Medicare and Medicaid Services (CMS) issued the final rule “Modernizing and Clarifying the Physician Self-Referral Regulations.” The regulations are effective on January 19, 2021.

Posted November 6, 2020 with Tags Health Care

Minnesota Assisted Living License Update

While the details have yet to be finalized, Assisted Living Facilities in Minnesota will need to transition to a new combined Assisted Living License by August 1, 2021.

Posted August 3, 2020 with Tags Health Care

New Liability for Minnesota Hospitals: Independent Contractors and Apparent Authority

The Minnesota Supreme Court issued an opinion* that reverses the long-held common-law understanding in Minnesota that hospitals are not liable for the actions of their physician independent contractors.

Posted October 29, 2019

Can Donors Control How A Charitable Endowment is Used? MN Court of Appeals Concludes No

A recent Minnesota Court of Appeals decision affirmed that funds like endowment funds, held by charitable organizations, will generally be considered gifts and not contracts.

Posted March 27, 2019

Top 10 Nonprofit Association Legal Questions for 2019

Nonprofit association attorneys Heidi Christianson and Zach Crain have compiled a list of the top 10 questions their association clients have been asking about in 2019.

Posted January 3, 2019

Nilan Johnson Lewis Announces New President and Attorney Promotions

Nilan Johnson Lewis is pleased to announce Heidi Christianson as the law firm’s next president, effective January 1, 2019. Christianson succeeds Stephen Warch, who will remain as a Board member, shareholder and co-chair of the firm’s health care group. At Nilan Johnson Lewis, Christianson previously served as the chair of the corporate and transactional services practice group and has an extensive background in health care law and nonprofit governance.

Posted November 27, 2017

“Philanthro-sales”: How the Tax-Bill Exception Could Provide a New Venue for Private Foundations

Outside-the-box-thinking could give private foundations a reason to be excited about an obscure provision in the tax bills passed by the House and currently pending in the Senate.

Posted June 7, 2016

Minnesota Enacts New Bill – A Litmus Test for Federal ADA Revisions?

Revisions to the Minnesota Human Rights Act (“MHRA”) enacted at the end of the just-completed legislative session are intended to provide businesses with additional protection against the recent trend of “drive-by” disability discrimination lawsuits – threats of litigation designed to pressure businesses, often small businesses, to agree to make early cash payoffs rather than face the cost of protracted lawsuits.

Posted June 4, 2015

Nilan Johnson Lewis Welcomes Attorney Zachary Crain

Crain brings nearly a decade of law firm and in-house experience representing corporate and individual clients in complex business and real estate transactions, as well as mergers and acquisitions, business succession planning, and commercial disputes.