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2017 Wisconsin Act 67 Makes Major Changes to Wisconsin Land Use Law

Friday, December 8, 2017

Zoning and Land Use 2
On Monday, Governor Walker signed a new law that makes major changes to how private property can be regulated in Wisconsin.  The legislative intent of these changes is to make it easier for property owners to obtain conditional-use permits and variances, maintain non-conforming structures, dredge private ponds and appeal assessments when a homeowner refuses to let the assessor inside the house.  In addition, these changes will make it easier for property owners to (1) sell or build on substandard lots if the lots were legal when created and recognized by law; and (2) oppose merger of lots, without consent.

Act 27 changes longstanding practices associated with conditional use regulations and proceedings.  In addition, the Act creates new statutory provisions that mark a significant departure from settled law.  If you have questions about your private property rights in Wisconsin, contact the knowledgeable attorneys at Pinkert Law Firm LLP.  Our attorneys use their experience to guide our clients through the constantly changing regulatory process.


Habitat For Humanity Closing

Wednesday, December 6, 2017

Door county Habitat Closing
Pinkert Law Firm LLP is proud to have participated again in the closing of Door County Habitat for Humanity's most recent home. Pictured at the closing, from left to right, are: Chris Loose - Lakeshore CAP; Attorney Amy M. Sullivan - Pinkert Law Firm; David Van Dyke - Executive Director, Door County Habitat for Humanity; Kendra Clarizio-Bilodeau - new homeowner; Glen Viste - President, Door County Habitat for Humanity; and Denise Plassmeyer - Knight Barry Title Services LLC.

Several announcements this month bring good news for Door County and rural communities across the country.

Tuesday, November 28, 2017

Revised Attorney No DLW (2) Web

First, Governor Walker announced his Rural Agenda this month - a multipoint plan to bolster Wisconsin's rural communities that includes increased support for our veterans, increased school aid, support for teacher recruitment and retention, technology and broadband access, and improving rural access to medicine by incentivizing more healthcare professionals to live in and serve rural communities (also calls for removal of regulatory barriers to serving as an EMT or volunteer firefighter.)
Building on that support at that state level, CMS celebrated National Rural Health Day on November 16.  As part of its Rural Health Initiative, CMS announced it has finalized policies that provide relief to Medicare beneficiaries that live in rural areas, and the rural hospitals and rural clinicians that serve them - for instance, lower cost of certain drugs in hospital outpatient setting, and two-year moratorium on the direct physician supervision requirements for rural hospitals and critical access hospitals, like our very own Door County Medical Center.  In addition, CMS recently released new telehealth payment codes so more services can be accessed in rural areas.  Pinkert Law Firm LLP has been serving the rural commuinity of Door County since 1937.
If you need legal assistance, contact your local attorneys at Pinkert Law Firm LLP today.

Progressive Insurance settles MSP False Claims Act action for $2 million dollars - another reminder to proactively manage your Medicare Compliance exposure

Tuesday, November 28, 2017

AEG Rotator
If you remember, back on October 20, 2017, I blogged about MAPs asserting their rights against RREs.  Here, a private citizen, the whistleblower, asserted that Progressive was not checking Medicare and Medicaid status of its members prior to enrolling them in their health first automobile insurance policies.  The U.S. Attorney's office prosecuted the action on behalf of the whistleblower and the litigation has now settled.

RREs need to be able to demonstrate that proactive steps are being taken to properly identify and address their Medicare Compliance exposures.  If you need assistance in developing and/or implementing best practices to protect against these exposures, please contact Attorney Amy E. Goyette.

From the desk of Attorney Amy E. Goyette: CMS expresses clear intent to take steps toward LMSA/NFMSA review process

Tuesday, November 28, 2017

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If you remember, earlier this year, CMS instructed providers to bill a beneficiary's LMSA/NFMSA.  However, CMS rescinded this MedLearn article after it generated a large amount of confusion in the provider community and the insurance industry.  Unfortunately, at the beginning of November, CMS reissued its MedLearn article.  In its reissued MedLearn article, CMS now generally references MSAs and states that Medicare is always secondary to liability, no-fault and workers' compensation insurance.  In addition, CMS issued an alert stating it "continues to consider expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance … and no-fault insurance MSA amounts."
Please continue to monitor this blog for updates and announcements.  In the meantime, please contact Attorney Goyette, if you would like to discuss your Medicare compliance obligations.

Real Property Dispute? Contact Pinkert Law Firm LLP

Friday, November 3, 2017

Adverse possession enables a party to obtain title of another's property by operation of law.
Case example:   Kruckenberg v. Krukar et al

Kruckenberg and Krukar are neighbors.  Kruckenberg purchased his 40 acre parcel in 1983 and Krukar purchased his 11.5 acre parcel in 2001.  Kruckenberg's parcel is generally west of Krukar's parcel, with the exception of a deeded one rod strip of land along the south boundary of Krukar's parcel.  An 1882 predecessor deed described a one rod (16.5 feet) strip of land "designed as a roadway."  Krukar's predecessor was required to construct and maintain a fence along the north margin of the road description.  The fence was never located within the one rod specification; rather, it encroached 10 to 12 feet onto Krukar's parcel along the length of the driveway.
The neighbors argued over the fence and the encroachment for 10 years.  Krukar's request to remove the fence was denied by Kruckenberg.  Along the way, Kruckenberg gave different people, including Krukar, permission to use the roadway for specific tasks, and he posted a "no trespassing" sign at the entrance.  Krukar eventually removed the fence without permission, and Kruckenberg sued.  Krukar moved for summary judgment, but it was denied.  The jury ultimately found adverse possession and awarded damages for removal of the fence.
On appeal, a court will search for any credible evidence that will support a jury verdict.  Here, the Court of Appeals determined there was credible evidence to support the verdict, holding that the circuit court properly denied Krukar's motion for summary judgment and granted judgment on the jury verdict.

If you have a property dispute, contact Jim Smith, Jon Pinkert or Amy Sullivan at Pinkert Law Frim LLP to discuss.

Land Use Law Practice Area

Medicare Compliance Update - NOW AVAILABLE! Fraud & Abuse WBT Course

Friday, October 27, 2017

Medicare Fraud & Abuse:  Prevention, Detection and Reporting Web-Basd Training (WBT) course is now available.

If you are interested in learning more about the WBT course or the laws governing fraud and abuse activities, contact Amy E. Goyette at Pinkert Law Firm LLP.

AEG Rotator

Medicare Compliance Updates - Transition from HICN to MBI

Friday, October 27, 2017

AEG Blog 2

CMS is working on the transition from Social Security Number based Health Insurance Claim Numbers (HICNs) to new numbers, known as Medicare Beneficiary Identifiers (MBIs).

If you would like more information on the transition to new Medicare nnumbers and cards, contact Amy Goyette at Pinkert Law Firm LLP.

Riparian Rights and Responsibilities

Thursday, October 26, 2017

Jim Smith Solo

Last weekend, Governor Walker attended the Leadership Summit of The Conference of Great Lakes and St. Lawrence Governors and Premiers to discuss the economic role our Great Lakes play and the stewardship responsibility to protect these resources for the future.Do you live on the water?  Are you considering purchasing land on the water?  If you have questions about your riparian rights or responsibilities contact Jim Smith at Pinkert Law Firm LLP today.

Recreational Immunity

Thursday, October 26, 2017

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Governor Walker announced yesterday that the Wisconsin Department of Natural Resources state forestry headquarters will be relocating from Madison to the DNR Rhinelander Service Center by the first of next year.
Through the Managed Forest Law and Forest Crop Law programs, some private forest lands are open to the public for recreational purposes.  Did you know that Wisconsin is in the minority of states that has recreational immunity protection for landowners?


If you have questions about recreational immunity protection for public use of your land, please contact Pinkert Law Firm LLP.