Knowing Your Healthcare Rights and Responsibilities

Article: Knowing Your Healthcare Rights and Responsibilities 

Most Nevadans understand that the basics of effective healthcare begins with an honest assessment of genetics and environment in which they live. While a healthy diet and moderate exercise help in the process, effective healthcare goes beyond a basic understanding of these principles. In fact, effective healthcare includes a proactive approach and requires an understanding of patient, and the family’s, rights and responsibilities including: The Affordable Care Act, Health Insurance Portability and Accountability Act, Family Educational Rights and Privacy Act, Powers of Attorney, and Health Care Directives.

Basic Healthcare Tips:

Review your Healthcare Records periodically.
Make sure your Health Care Directives, Power of Attorney, Living Wills etc. are up-to-date.
Know your Medicare and Medicaid rights.
and many more.

Read Mike Pavlakis’ complete article at Northern Nevada Business Weekly.

Mike Pavlakis is a shareholder in Allison MacKenzie Law Firm in Carson City, Nevada with primary practice in Business, Healthcare, and Education Law. Mike is a Nevada attorney dedicated to client success and serves the greater Carson City, Reno, Sparks, Fernley, Gardnerville, Minden and South Lake Tahoe area.

Mike was admitted to practice in 1979. He is well respected for his representation of hospitals and school districts, and is often called upon by individuals and companies for general business matters. Mike can be reached at 775.687.0202 or [email protected].

A Family Law Series: Joint Petitions and the Initial Custody Determination

Kyle A. Winter of Allison MacKenzie Law Firm in Carson City, Nevada is creating a series of educational articles regarding Family Law issues effecting Nevada families. The first in an informational series, this release specifically addresses Joint Petitions and Initial Custody Determination.

Kyle is a Carson City native. Kyle A. Winter returned home and accepted associate position with Allison MacKenzie Law Firm in Carson City, Nevada effective September 8, 2015. This home grown talent will focus his practice in the areas of family law, estate planning, guardianships and probate.

Click here to read the complete article. CarsonNow.org

Local Talent Returns to Carson City to Pursue Legal Career with Allison MacKenzie Law Firm

Kyle A. Winter Joins Allison MacKenzie Law Firm as New Associate Attorney

Carson City native, Kyle A. Winter returns home and accepts associate position with Allison MacKenzie Law Firm in Carson City, Nevada effective September 8, 2015. This home grown talent will focus his practice in the areas of family law, estate planning, guardianships and probate law.

After graduating from Carson High School in 2005, Kyle attended the University of Nevada, Reno. In 2009, he graduated with a degree in Criminal Justice and an emphasis in Philosophy. In 2013, he obtained his Doctor of Jurisprudence Degree from Gonzaga University, located in Spokane, Washington. Dedicated to serving the Northern Nevada community, Kyle returned to the area to begin his legal career clerking for the Honorable James E. Wilson, Jr. at Nevada’s First Judicial District Court, in Carson City, and then for the Honorable Jerome M. Polaha at Nevada’s Second Judicial District Court, in Reno.

Kyle was admitted to practice in Nevada in 2013, and is a member of the State Bar of Nevada, and the Carson City and Washoe County Bar Associations.

Aside from his professional endeavors, Kyle is an active supporter of United Blood Services and donates blood whenever possible. He looks forward to exploring and supporting other area volunteer opportunities in the future. Kyle and his wife currently live in Reno with their new born son and two dogs. They enjoy a variety of outdoor activities including fishing and golfing.

“I am happy to be returning to my hometown, and am pleased that I will be able to serve the citizens of this wonderful community. Not only is Allison MacKenzie Law Firm well respected within the State of Nevada but it is also recognized nationally for its outstanding contributions to the legal field and the communities it serves. The attorneys are professional and wonderful to work with. Our staff is supportive and knowledgeable. I look forward to providing our clients with effective, comprehensive representation,” said Kyle about his new association.

Allison MacKenzie Law Firm was recently recognized by Martindale-Hubble as a US Top Ranked Law Firm for 2015. This determination was made after LexisNexis® Martindale-Hubbell® researched over 1.2 million lawyers and firms, in over 160 countries, and identified the top law firms in the United States. Additionally, Allison MacKenzie Law Firm was recognized by US News and World Report as one of the 2015 “Best Law Firms” in the country and was honored with a Metropolitan Tier 1 ranking in the practice area of Energy Law.

The talented legal team of Allison MacKenzie Law Firm is pleased to welcome Kyle to the organization. The firm is confident Kyle will provide exceptional, personalized service to clients as well as assist clients in successfully navigating the often complex litigious landscape of the many practice areas served by the firm. For more information, contact Allison MacKenzie Law Firm at 775.687.0202, or visit AllisonMacKenzie.com.

For over 140 years, LexisNexis® Martindale-Hubbell® has been the authoritative resource for information on the legal profession around the world. This impressive history yields Martindale-Hubbell as an international authority on peer review ratings for local lawyers who achieve the highest levels of ethical standards and professional excellence. 

LexisNexis® Martindale-Hubbell® has announced Allison MacKenzie as one of the 2016 US Top Ranked Law Firms. This determination was made after LexisNexis® Martindale-Hubbell® researched over 1.2 million lawyers and firms, in over 160 countries, and identified the top law firms in the United States. To achieve this exceptional ranking, the law firms must be have more than ten lawyers in their organization with at least one out of three lawyers achieving the AV Preeminent® Peer Review Rating.

The AV Preeminent® Peer Review Rating is the highest rating available and indicates the evaluated lawyer has been deemed by his or her peers to have demonstrated the highest level of ethical standards and legal ability.

Allison MacKenzie Law Firm of Carson City, Nevada has been recognized as one of the 2016 “Best Law Firms” by US News and World Reports.

Allison MacKenzie Law Firm was honored with a Metropolitan Tier 1 ranking in the practice area of Energy Law.

To see the complete 6th Edition of the Best Law Firms 2016 publication click here or on the image below.

Northern Nevada Attorney Honored for Outstanding Dedication to Legal Principles and Welfare of the Community

Allison MacKenzie Law Firm is pleased to announce Ryan Russell, a partner at Allison MacKenzie Law Firm in Carson City, Nevada, has been elected as a member of The Fellows of the American Bar Foundation. Ryan’s new membership follows the endeavors of notable attorney and co-founder of Allison MacKenzie Law Firm, Andrew “Andy” MacKenzie, who is also a member of The Fellows. Andy holds the distinguished status of Life Fellow with the American Bar Foundation.

In order to receive this honor, Ryan was nominated by area members of The Fellows and subsequently elected by the Board of the American Bar Foundation. Membership in The Fellows is limited to less than one percent of lawyers licensed to practice in each jurisdiction.

The American Bar Foundation is a 501 (c) (3) charitable organization dedicated to advancing justice and serving legal professionals and the public through rigorous research on the impact of law, lawyers and the legal process on our society.

Instrumental in supporting the efforts of the American Bar Foundation, The Fellows is an honorary organization of lawyers, judges, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.

Following in Allison MacKenzie Law Firm’s rich tradition and dedication to community service, Ryan serves as Carson City’s representative on the State Bar of Nevada’s Board of Governors as well as on the Boys and Girls Club of Western Nevada’s Board of Directors. Further, Ryan continues his service as a Judge Pro Tempore for the Carson City Justice and Municipal Courts which he commenced in 2010.

“I am honored to have been nominated and elected into this elite association and am humbled to be in such distinguished company as our firm’s co-founder, Andy MacKenzie. Andy has been instrumental in encouraging all of us in our organization to be civic minded. At Allison MacKenzie Law Firm, we take this to heart and strive to make our community a better place to live through positive actions,” said Ryan Russell on his recent election.

Ryan Russell joined Allison MacKenzie in 2004. Ryan is a 4th generation Carson City, Nevada native who graduated from Carson High School. After graduating from the University of Nevada, Reno in 2000 with a Bachelor of Science in Business Management, Ryan pursued and obtained his law degree from the University of Nevada, William S. Boyd School of Law in 2003. He was admitted to practice law in Nevada in 2003. Ryan’s areas of legal practice include: Administrative Law, Business Entity Formation, Business Law, Family Law, Education Law, Healthcare Law and Litigation.

Allison MacKenzie Law Firm is proud of Ryan’s nomination and election into this prestigious association. The firm remains dedicated to civic service and encourages its team of talented attorneys and staff to support area non-profits and community organizations.

See the article at: Carsonnow.org

Article-Change Happens by Thoran Towler

Allison MacKenzie associate, Thoran Towler was recently asked to do an article for Northern Nevada Weekly’s special publication Business Law 2015. Thoran used the opportunity to expand on his article series on Employment Law issues that effect businesses in the state of Nevada.

Thoran Towler practices labor and employment law at Allison MacKenzie Law Firm in Carson City and serves clients in Northern Nevada areas such as: Reno, Sparks, Fernley, Gardnerville, Minden, Lake Tahoe, Dayton and Carson City. Prior to joining the firm, he served as the State of Nevada Labor Commissioner from 2011 through 2014. Thoran is experienced in the areas of wage and hour, labor and employment law, union issues, prevailing wage and public works.

To read the full article in the publication click here or the image below.

Carson City, Nevada Attorney Thoran Towler

Thoran Towler continues his educational series on Employer Rights and Responsibilities with High Expectations for Employers. Featured in Carson Now, Thoran Towler explores Nevada law and its effect on Employment Law for local businesses.

Nevada is one of 23 states with laws protecting the medical use of marijuana. Although the laws vary widely in each of the 23 states, the standard rule is that individuals with qualifying medical conditions may legally use marijuana. The big question for employers is whether an employee can be terminated for medical marijuana use. Many employers have drug-free workplace policies that prohibit the use of illegal drugs both on and off the clock. Regardless of Nevada’s position on medical marijuana, marijuana use is still illegal according to federal law. Nevada employers may be at a loss on how to handle violations of their drug-free workplace policies by employees who carry “medicinal marijuana cards.”

Read the complete article at CarsonNow.org.

By Thoran Towler

Employer Rights and Responsibilities—A Series

On March 25, 2015, the United States Supreme Court delivered its opinion on a case relating to treatment of pregnant workers that is of interest to businesses. In Young v. United Parcel Service, Inc., 575 U.S. ___ (2015), the Court evaluated the requirements for bringing a disparate (discrimination) treatment claim under the Pregnancy Discrimination Act.

The Pregnancy Discrimination Act was subsequent language added to the Civil Rights Act of 1964. In synopsis, the additional language clarifies that sex discrimination includes discrimination on the basis of pregnancy, childbirth, or related medical conditions (see 42 U. S. C §2000e (k)). Additionally, it states that employers must treat “women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work.”

In Young v. United Parcel Service, Inc., 575 U.S.___ (2015), Young asked the Court to determine how the latter provision applied in the context of an employer’s policy that accommodates many, but not all, workers with non-pregnancy related disabilities. The plaintiff, Ms. Peggy Young, was employed by United Parcel Service, Inc. (UPS), who generally required employees to be able to lift 70 lbs.

In 2006, after Young had suffered several miscarriages, she became pregnant. Ms. Young’s doctor had restricted lifting to 20 lbs. Since her condition did not meet qualifications for “light duty,” Young was not accommodated by UPS. However, light duty was available for on-the-job injuries, employees with Americans with Disabilities Act (ADA) qualified conditions, and those who lost Department of Transportation (DOT) certification.

The United States Supreme Court’s 2015 ruling held that an employee could make a disparate treatment claim through indirect evidence. This ruling means that when Young was denied her request to accommodate her lifting restriction, the company, in turn, would be required to show that the reasoning for non-accommodation was legitimate. Legitimacy does not include costs incurred by the company or inconvenience. Thus, if the employer grants an accommodation to other employees with similar limitations, the company must grant pregnant employees the same accommodation.

It should be noted that this incident happened before the enactment of the 2008 pregnancy amendments to the ADA, which have been expanded in such a way that Ms. Young could have applied for protection under the ADA.

To read the full opinion of the United States Supreme Court in Young v. United Parcel Service, Inc., 575 U.S. ___ (2015) visit:

http://www.supremecourt.gov/opinions/14pdf/12-1226_k5fl.pdf

The legal areas of Labor and Employment Law are constantly changing and it is imperative for employers to stay abreast of laws that impact their policies and procedures. It is important for employers to have access to a professional team of lawyers who are current on this ever changing legal landscape, and its ultimate effect on businesses.

Thoran Towler practices labor and employment law at Allison MacKenzie Law Firm in Carson City. Allison MacKenzie Law Firm serves diverse client interests in Northern Nevada areas such as: Carson City, Dayton, Reno, Sparks, Fernley, Lyon County, Lake Tahoe, Washoe Valley and more. Prior to joining Allison MacKenzie, Thoran served as the State of Nevada Labor Commissioner from 2011 through 2014. Thoran brings an expertise in the areas of wage and hour, labor and employment law, union issues, prevailing wage and public works. Thoran can be reached by email at [email protected] or by calling him at 775.687.0202.

Thoran Towler of Allison MacKenzie Law Firm in Carson City, Nevada recognizes the necessity to educate Nevada employers on Labor and Employment Law issues. Thoran has created a series of talking points and recommended NRS statutes for review by Northern Nevada businesses leaders. The first in an informational series, this release specifically addresses employee record retention.

For a downloadable pdf of the entire press release click here or image below.