F E B R U A R Y 2020

Nicole Gardner was named a North Carolina Employment Law Super Lawyer, one of the Top 100 Lawyers in North Carolina and one of the top 50 Women Lawyers in North Carolina

Jared Gardner was named a North Carolina Business Litigation Super Lawyer

Tyler Peacock was named a "Rising Star"
Federal Health Care Investigators to Audit Medicaid Telehealth in Behavioral Health in 2019, 2020
Several months ago, the Department of Health and Human Services’ Office of Inspector General (“OIG”) announced its plans, beginning in 2020, to examine how state Medicaid managed care organizations (“MCOs”) provide behavioral health services via telehealth. The OIG announced that it will review “monitoring and oversight” of telehealth services as well as state and MCO practices, for the purpose of understanding how to “maximize the benefits and minimize the risks” of behavioral services via telehealth. The OIG said it will focus its review on “selected” state MCO programs but has not yet announced any individual states. Medicaid MCO reimbursement requirements can vary from state to state and generally can be less restrictive than requirements for Medicare telehealth services. This new OIG audit of Medicaid MCO telehealth comes on the heels of a 2018 OIG audit of Medicare telehealth services, which found that more than half of telehealth claims reviewed by auditors did not meet Medicare documentation requirements. This new audit is expected to conclude sometime in 2020. To view the OIG’s audit announcement information, please click here: 

If you have any questions or would like to discuss telehealth issues for your organization, please contact Heather Skelton or Ethan Dunn .
Welcome, Florence Thompson!
Attorney at Law
Florence concentrates her practice in the areas of business litigation and employment law. Florence represents clients in matters related to breach of contract, unfair competition, non-competition and non-solicitation agreements, and wage and hour violations. She also prepares severance agreements and assists businesses with internal investigations and administrative proceedings, including defending against a wide variety of discrimination claims filed with the Equal Employment Opportunity Commission (EEOC).
Are You Personally Responsible for Business Tax Liability? Don't Be (Unpleasantly) Surprised.

Did you know that business executives and even rank-and-file employees can be held personally liable for corporate tax obligations in some circumstances? Where corporate obligations remain unpaid (for example where the employee share of taxes are withheld from paychecks but never remitted to the government) the IRS may go looking for a “responsible person“ – that is, someone whose position allowed them to complete the remittance but that person chose not to, directed employees / contractors / vendors not to pay the appropriate amounts, or knew or should have known that proper remittances weren’t made. In addition to coming after the company, the IRS can seek to require any “responsible person” to pay the corporate tax liability. 
Now is a good time to review the checks-and-balances your organization has in place to ensure that remittances are appropriately paid to the government.

If you have any questions or would like to discuss tax or corporate organization issues, please contact Fred Parker .
Gardner Skelton PLLC
505 East Boulevard, Charlotte, NC 28203
704.335.0350 phone / 704.390.7027 fax
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