August 2016

Avoid the Affordable Care Act’s (Rising) Tax Penalty – Be Insured!

A key – and controversial – provision of the 2010 Affordable Care Act is the “individual mandate,” which requires that unless you qualify within one of a few, limited exemptions, you must obtain qualifying health insurance coverage or face paying a fee.  In 2016, that fee is the higher of either a) 2.5% of household income or the total yearly premium for the national average price of a plan rated “Bronze” through the Marketplace, or b) $695 per adult, $347.50 per child under 18, or a maximum of $2,085.  This fee and th

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Court Hands Major Victory to the Medical Marijuana Industry

In a major victory for those distributing and cultivating medical marijuana, the Ninth Circuit Court of Appeals, in United States v McIntosh, et. al. (August 16, 2016) has held that, at least for the time being, those who comply with the medical marijuana laws of their state cannot be prosecuted by the Department of Justice for federal crimes.
 

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Humboldt Cannabis Permit Deadline Approaching

Janssen Malloy LLP would like to remind everyone that the deadline to submit a Commercial Cannabis Activity Registration form for existing cultivation sites is August 23, 2016.
 
Janssen Malloy LLP is assisting persons with correctly filling out these forms and the Humboldt County Planning Department is also holding a workshop this Sunday to assist people in filling out the forms.
 

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The Times are A Changing

Centers for Medicaid and Medicare Services have reminded all states of its commitment to the privacy of nursing home residents.  In the wake of recent publicity about nursing home employees posting degrading pictures of residents on social media, the federal entity has added a requirement that nursing homes have and enforce social media policies.  In a letter sent this week to all state agencies who administer nursing home licensing and investigations, CMS reminded agencies that nursing home residents have the right to privacy and protection from abuse.

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Social Security Benefits vs. Retirement Benefits

If you are divorcing in Humboldt County and have a retirement plan, please remember that federal law bars a “set-off” from your spouse’s interest in Social Security benefits from your spouse’s community property interest in your retirement plan.
 
Pension/retirement benefits are community property under California Law. However, Social Security is deemed separate property under federal law. Since federal law preempts state law, this may lead to “an inequity” between the spouses.
 

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