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(link is external), 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 … Read More
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. In the McIntosh case, five co-defendants allegedly … Read More
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. The Humboldt … Read More
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 … Read More
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 … Read More