Miller Trust Funds: Proper Usage Guide for Florida Medicaid Recipients

By Andrew J. Hull & JP Ellison —At our webinar earlier this month, we talked about Administration priorities as they relate to the FDC Act and noted that we expect much to remain the same with respect to enforcement.  One notable exception has been the Administration’s targeting of certain surgical procedures and the use of certain drugs for a particular intended purpose.  Specifically, these are procedures and drugs used in providing what HHS had, until recently, referred to as gender-affirming care.  The gray box at the top of the document at this link shows the change in position. We’re not trying to bury the lead here, but the battle of labeling these surgical and drug treatments is a political one.  The political battle went into gear on January 28, 2025, with an Executive Order titled “Protecting Children from Chemical and Surgical Mutilation.”  That EO contained instructions to the Department of Justice,…

Mental health injuries are becoming a growing concern in workplaces, including those in Southern Minnesota. Stress, anxiety, and other psychological challenges can have a significant impact on workers’ well-being, sometimes leading to conditions that qualify as workplace injuries. However, navigating workers’ compensation claims for mental health injuries is often complex. Understanding your rights and the legal framework specific to Minnesota is crucial in securing fair benefits. This guide will explore the key steps to filing a claim, common challenges workers face, and the resources available to assist you. Whether you’re an employee seeking support or an employer aiming to foster a healthier workplace, addressing mental health injuries is a vital step toward creating a more inclusive and supportive work environment. Overview Southern Minnesota’s Workers’ Compensation System Minnesota’s workers’ compensation system is designed to…

Ioanna Tourkochoriti (University of Baltimore School of Law; Harvard Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law) has posted LGBTQ WEDDING PARTY: CONSCIENTIOUS OBJECTIONS TO THE ENFORCEMENT OF ANTI-DISCRIMINATION LAW on SSRN. Here is the abstract: This article engages with cases that have recently emerged before courts related to conscientious exemptions in the enforcement of antidiscrimination laws regarding access to goods and services. The article proposes a rationale in favor of enforcing antidiscrimination law. Drawing on legal and normative principles, it argues that governments have a compelling interest in enforcing antidiscrimination law. It also analyzes the types of harm that discrimination in this area causes. The article distinguishes between primary and secondary expressive interests, arguing that regulation of secondary expressive interests is legitimate when manifested in the…

Understanding Your Rights After Unnecessary Surgery Undergoing surgery is a serious decision, often made with the belief that the procedure is necessary to improve your health. However, what happens when that surgery turns out to be unnecessary? Unfortunately, some patients in Pennsylvania fall victim to unnecessary surgical procedures, leading to physical, emotional, and financial hardships. Why Do Unnecessary Surgeries Happen? Unnecessary surgeries can occur for a variety of reasons. Sometimes, they result from a misdiagnosis or lack of thorough diagnostic testing. In other cases, medical professionals may recommend surgery without adequately considering non-surgical alternatives. There are even instances where unethical practices or financial incentives drive the decision to operate. The Impact on Your Life The consequences of unnecessary surgery can be profound. Physically, patients may suffer from surgical complications, infections, or long-term disabilities. Emotionally,…

[The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.] Christ Episcopal Church, Toms River, NJ. (Christ Episcopal Church)  The New York Times reports that the town of Toms River, New Jersey is planning to use eminent domain to condemn a church, raze it, and build a park and pickleball courts on the spot. The planned condemnation may be motivated by a desire to prevent the church from opening a small homeless shelter on part of its land: Leaders of Christ Episcopal Church in Toms River, N.J., were preparing for a Cinco de Mayo festival late one night when the news began to spread: The mayor planned to use eminent domain to seize their church and its 11 acres of land. Under his plan, the church, which was founded in 1865, would be replaced by 10 pickleball courts, a soccer field and a playground with a nautical theme, according…

Editor’s Note: As we move toward the midpoint of 2025, the themes shaping this month’s Five Great Reads reflect a maturing yet increasingly turbulent digital landscape. The rise of generative AI continues to push boundaries—not only in what’s possible, but also in what must now be safeguarded. From the unsettling security disparities among top LLM providers to the growing weight of transparency obligations at the highest levels of governance, the stories we feature this month reinforce a common thread: trust, once assumed, must now be earned and continually maintained. The EU’s operationalization of the European Vulnerability Database signals a welcome step toward coordinated cybersecurity resilience, while Estonia’s bold declarations at Latitude59 remind us that digital leadership is no longer measured solely by economic size, but by strategic clarity and speed. At the same time, our industry research reveals how core processes like data…

Sick leave has become more than just a workplace benefit—it’s a critical protection for public health and worker well-being. In 2020, New York State passed a comprehensive sick leave law that applies to most private-sector employers and employees across the state.  Whether you’re an employee trying to understand your rights or an employer looking to stay compliant, this guide breaks down the essentials. Who Is Covered Under the Law? The New York State Sick Leave Law applies to the vast majority of private-sector workers. That includes: Full-time, part-time, seasonal, and temporary employees Hourly and salaried workers Undocumented workers, who are protected under labor law regardless of immigration status A few groups are exempt, such as federal employees and certain city employees covered under different systems. However, most workers in New York are entitled to some form of sick leave, and every employer is expected to comply,…

Photo by Kristu00f3f Sass-Kovan on Pexels.comBy Teagan Raffenbeul Light & Wonder, a manufacturer of automated card-shuffling machines, recently found itself at the center of high-stakes antitrust disputes. With active cases in both New York and Chicago, these proceedings have the potential to reshape the antitrust and arbitration landscape. Class Arbitration Approved in Case Against Light & Wonder In 2021, more than 100 casinos filed claims alleging Light & Wonder attempted to monopolize the automated card shuffling market. The casinos allege Light & Wonder used fraudulent patent claims to establish a monopoly on automated card shufflers, thereby excluding competitors and maintaining market dominance. Since these casinos have arbitration agreements with Light & Wonder, they are required to resolve any disputes exclusively through arbitration.  In a landmark decision, John Wilkinson, an arbitrator with the American Arbitration Association,…

Sigrid Vendrell-Polanco (St. Mary's University Law School) has posted Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, and Other Options for Suffrage (89 Brook. L. Rev. 563 (2024)) on SSRN. Here is the abstract: The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions and deep entanglement with the United States. Neither does it account for the…

For the moment, in the American legal academy, there seems to be a fair amount of support for the idea that the burden of proof in fact-finding is centered around a vigorous contest between the plausibility of competing stories advanced by the litigants. Professors Ronald Allen and Alex Stein, two well-respected evidence law scholars have written widely about this “relative plausibility” theory of adjudication and the burden of proof.[1] They claim to “demonstrate that factfinders decide cases predominantly by applying the relative plausibility criterion guided by inference to the best explanation … .”[2] As they see American courtroom practice, the norm is “the relative plausibility mode of factfinding involving a rigorous comparison between the parties’ stories about the individual event.”[3] They insist that their “theory aligns with ordinary people’s natural reasoning.”[4] I am not so sure. Semantically, the…

Traffic stops are among the most common interactions between citizens and law enforcement in Florida. While most traffic stops end with a warning or citation, some escalate to vehicle searches that can lead to serious criminal charges. Our Fort Lauderdale criminal defense lawyers believe that understanding when police can legally search your vehicle is essential knowledge for every driver in Broward County. The Legal Framework for Vehicle Searches The Fourth Amendment Protection The Fourth Amendment to the United States Constitution provides the fundamental protection against unreasonable searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” While this protection…

Our grateful thanks to Mike Norman of Harrow Law Centre, our now designated person for housing law in Wales, for this detailed and thoughtful view on whether Wales will be left behind in retaining possession claims with no grounds required. Introduction It is often argued (including very frequently, by me) that Cardiff Bay has run the more progressive housing regime within our shared jurisdiction, since the expansion of Welsh devolution in 2011. With the flagship component of the pending Renters Rights Bill in England however proposing the end of section 21 by abolishing Assured Shorthold tenancies, a question arises as to whether Wales should consider itself ‘left behind’ if it doesn’t follow suit. I’m very aware saying this, that the recent legislative statement by the Counsel-General, Julie James (para 187 onwards) made clear that the Welsh Government’s focus during the remainder of the Senedd term will relate to homelessness rather than to any…

Hammersmith & Fulham Law Centre Housing Solicitor/ Caseworker Salary: £34,000 – £50,000 (depending on experience) Working hours: 35 per week, Hybrid working Contract: Permanent Benefits include 30 days annual leave plus bank holidays, compressed hours 4 day working week and flexible working. Our offices in Hammersmith are on the Piccadilly, District and Hammersmith & City Line tubes. We require a solicitor or caseworker for our small, friendly housing team. We are looking for someone who meets the LAA supervisor standard, although applications will be considered from those who do not meet the standard. The successful candidate will run their own caseload of legal help and certificated cases for clients and will participate in the HLPAS Scheme. Hammersmith & Fulham Law Centre is an equal opportunities employer and encourages applications from all candidates who meet the person specification regardless of age, religion, gender, sexual orientation,…

When you’re facing sex crime charges in New Jersey, the attorney you choose can make or break your case. And while any licensed criminal defense attorney can technically represent you, hiring someone who is local to Jersey City—and deeply familiar with Hudson County courts—offers a level of insight, access, and strategy that outsiders simply can’t match. Here’s why choosing a local jersey city sex crime law firm isn’t just a convenience—it’s a critical advantage. 1. Familiarity with Local Courts and Prosecutors Every courthouse has its own rhythms, procedures, and personalities. A local sex crime defense lawyer understands: How Hudson County judges typically rule on motions and sentencing Which prosecutors are more likely to negotiate versus push for trial The informal rules and preferences that aren’t written down but influence every case This kind of familiarity allows a local attorney to anticipate challenges, prepare…

As the work landscape continues to evolve after the COVID-19 pandemic, one issue that continues to surface for Ontario employees is the question of remote work reversals. Employers that permitted or even encouraged remote work during the pandemic are now calling workers back to the office after several years away. But in a post-pandemic world where remote work has become the norm for many, can your employer force you to return? This blog explores the legal and practical implications of returning to the office in Ontario, focusing on employees’ rights and obligations under employment law, the enforceability of return-to-office mandates, and potential legal recourse for employees affected by a reversal of remote work policies. The Rise and Reversal of Remote Work The shift to remote work in early 2020 was unprecedented, driven by public health imperatives rather than long-term planning. Many Ontario employers quickly adapted, and numerous employees embraced the flexibility,…

A tragic single-vehicle accident in Sebastopol has claimed the life of a driver after their Nissan crossed into oncoming traffic and struck a tree along Bloomfield Road. The incident, which occurred at approximately 4:04 p.m., serves as a sobering reminder of how quickly roadway accidents can turn fatal and the complex legal questions that often arise in their aftermath. Details of the Sebastopol Fatal Crash According to the California Highway Patrol (CHP), preliminary investigations reveal that the Nissan was traveling southbound on Bloomfield Road when it suddenly crossed the northbound lane. The vehicle continued onto the shoulder before colliding with a tree. The driver was immediately transported to Santa Rosa Memorial Hospital with life-threatening injuries but was later pronounced dead despite medical efforts. The cause of this fatal crash remains under active investigation by the CHP, with authorities working to determine what factors may have contributed to the vehicle…

Surrogacy can be a beautiful path to parenthood, but it also comes with intricate legal challenges, especially when undertaken overseas. In a recent and cautionary case from Queensland, Australia, a couple’s journey to parenthood through commercial surrogacy in North Cyprus ended not with joy alone, but with legal turmoil and potential criminal charges. This video unpacks the complexities of the Lloyd and Compton case, highlighting critical lessons for anyone considering surrogacy abroad. Drawing on decades of experience advising over 2,000 surrogacy journeys worldwide, Stephen Page from Page Provan Family and Fertility Lawyers sheds light on the pitfalls of overseas commercial surrogacy and the importance of expert legal guidance. The Lloyd and Compton Case: A Surrogacy Journey Gone Wrong The case of Lloyd and Compton, decided by the Federal Circuit and Family Court of Australia in January, involved a Queensland couple who sought surrogacy services in North Cyprus.…

Dentons has become the first large law firm in Australia to announce they have achieved a 0% median gender gay gap, after just completing the Workplace Gender Equality Agency (WGEA) Compliance reporti