Foulston Siefkin Library

In today’s competitive and ever changing business environments, it takes a cutting edge group of people like the attorneys of Foulston Siefkin to stay abreast of the latest legal trends and developments. This section can help keep you informed by providing access to selected articles and papers authored by Foulston Siefkin attorneys covering a wide variety of legal issues and topics.

Minus icon2017
Is Your Emergency Preparedness Plan Consistent with CMS Standards?
July 05, 2017
By Brooke Aziere, Amanda Wilwert
Natural and man-made disasters in recent years have highlighted how disasters can disrupt the environment of health care and change the demand for health care services. As a result, the Centers for Medicare & Medicaid (“CMS”) issued a final rule establishing national emergency preparedness and coordination requirements for 17 different provider and supplier types including, but not limited to: Ambulatory Surgical Centers, Hospices, Hospitals, Critical Access Hospitals, Long-Term Care Facilities, Rural Health Clinics, Federally Qualified Health Centers, Psychiatric Residential Treatment Facilities, Community Mental Health Centers, and Intermediate Care Facilities for Individuals with Intellectual Disabilities. MORE

Plus icon2016
Federal Court Puts FLSA Salary Increases on Indefinite Hold
November 23, 2016
By Forrest Rhodes
In a ruling that comes as a huge surprise to most employment law practitioners and employers, late yesterday afternoon a federal judge in Texas granted a nationwide preliminary injunction against the enforcement of the Department of Labor’s (“DOL”) new salary rules for exempt status under the white-collar exemptions to the Fair Labor Standards Act (“FLSA”). This unexpected ruling occurs barely a week ahead of the December 1st implementation deadline for the new rules. MORE

CMS Clarifies Off-Campus Provider-Based Billing Prohibition
November 15, 2016
By Brooke Aziere, Justan Shinkle
Late last year, Congress enacted Section 603 of the Bipartisan Budget Act of 2015, which prohibits provider-based billing at new off-campus outpatient departments created after November 1, 2015. By enacting this provision, Congress intended to eliminate payment differentials between freestanding facilities and off-campus outpatient departments. In the Final Rule published on November 14, 2016, CMS addresses implementation of Section 603 and its chilling impact on the provider-based billing rules. MORE

Estate and Gift Tax Proposed Regulations Limit Valuation Discounts
September 19, 2016
By Matt Bish
We have prepared this issue alert to notify you of a recent estate and gift tax development for which you or your clients may desire to take current action. Those affected by these changes should act quickly, as the window for addressing the problem is closing quickly. MORE

Department of Labor Issues Long-Awaited Updates to Key Fair Labor Standards Act Overtime Exemptions
May 26, 2016
By Forrest Rhodes
After over two years of employers’ collective waiting, guessing, and worrying, last week the Department of Labor (“DOL”) issued its Final Rule amending the white-collar exemptions under the Fair Labor Standards Act (“FLSA”). These exemptions apply to employees working in bona-fide executive, administrative, and professional positions. MORE

New HIPAA Guidance Removes Roadblocks to Patient Access: But at What Cost to Providers?
March 23, 2016
By Brooke Aziere, Amanda Wilwert
Year after year, the individual right of access to protected health information (PHI) continues to be in the top five complaints investigated by the Office for Civil Rights (OCR) with corrective action implemented. To combat this perceived non-compliance, last month OCR issued a fact sheet and a series of Frequently Asked Questions (FAQs) more fully explaining the right to access, including the fees that providers may charge for individuals exercising their right to receive copies of PHI. For the first time, OCR explicitly states that a per-page fee for producing electronic copies of PHI is prohibited. MORE

CMS Issues Final 60-Day Overpayments Rule: It’s All About A Provider’s Risk Tolerance
February 24, 2016
By Brooke Aziere, Amanda Wilwert

Plus icon2015
CMS Clarifies “Incident-To” Billing Rules: Billing Physician Must Supervise Incident-To Services
November 17, 2015
By Brooke Aziere, Justan Shinkle
Earlier this year, the Centers for Medicare & Medicaid (CMS) included proposed revisions to the ever-confusing “incident-to” billing rules in its 2016 Medicare Physician Fee Schedule Proposed Rule. This attempt to provide clarification only further muddied the waters, leading many healthcare stakeholders to believe that the “clarification” represented a significant change in policy that would require the physician supervising the incident-to services to be the same physician ordering and treating the patient. Good news! The Final Rule published in the Federal Register on November 16, 2015, relieved the confusion and concern. Most healthcare stakeholders will see no change in how they bill Medicare in accordance with the incident-to rules. MORE

Federal Contractors Will Have to Provide Paid Sick Leave
October 05, 2015
By Boyd Byers, Sarah Macke
On Labor Day, President Obama issued an Executive Order (“EO”) directing the Secretary of Labor to issue regulations by September 30, 2016, implementing mandatory paid sick leave for employees of federal contractors and subcontractors. Assuming regulations are issued on schedule, the rules will apply to new federal contracts beginning January 1, 2017. MORE

Bank Misclassified Appraisers as Exempt from Overtime Pay, Court Says
October 02, 2015
By Boyd Byers, Sarah Macke
This summer a federal court ruled that a class of current and former residential real estate appraisers were improperly classified as exempt from overtime pay under the Federal Labor Standards Act (“FLSA”). In doing so, the court rejected the bank’s argument that the appraisers fell under the administrative, professional, and highly compensated employee exemptions. The case involved two classes—one comprised of residential appraisers, and another made up of review appraisers. Both groups of appraisers alleged that the bank misclassified them as exempt from overtime under state and federal law. Last fall the parties settled the claims of the review appraisers for approximately $5.8 million, leaving only the residential appraisers pursuing their claims. MORE

NLRB Joint Employer Ruling
September 28, 2015
By Charles McClellan
A new ruling by the National Labor Relations Board (NLRB) threatens to destroy the line separating corporate entities and the corresponding limitations on liability by dramatically expanding the definition of “joint employer” in the labor context. MORE

OFCCP Publishes Final Pay Transparency Regulations for Government Contractors
September 25, 2015
By Charles McClellan
The OFCCP recently published final Pay Transparency regulations for government contractors. Mandated by Executive Order, the new regulations protect applicants and employees from adverse treatment for sharing pay information, establish employer defenses to pay-transparency discrimination claims, and impose publication requirements on contractors. MORE

How Will the Supreme Court’s Ruling on Same-Sex Marriage Impact Kansas Employers?
July 07, 2015
By Jason Lacey, Teresa Shulda
The Supreme Court has had a busy summer. Between ruling in favor of religious dress accommodations in EEOC v. Abercrombie and Fitch, fashioning a new test to apply in pregnancy bias cases in Young v. UPS, and ensuring the viability of the Affordable Care Act in King v. Burwell, you’d think that the Supreme Court had given employers enough to contemplate. But the nine Justices waited until the end of their term to deliver one of the most hotly anticipated decisions all year in Obergefell v. Hodges. By a 5 to 4 margin, the Court held that state bans on same-sex marriage are unconstitutional. Now, same sex couples can legally wed in all 50 states, and presumably, will be entitled to the same state and federal marriage-related rights and benefits that opposite-sex married couples enjoy. MORE

Plus icon2014
December 2014 Affirmative Action Update
December 12, 2014
By Boyd Byers, Charles McClellan, Sarah Macke
2015 will bring a sea of change for companies that have federal government contracts or subcontracts (contractors). The Office of Federal Contract Compliance Programs (OFCCP), the agency within the U.S. Department of Labor that enforces affirmative action and equal employment opportunity laws applicable to contractors, has issued several new sets of regulations (implementing Executive Orders) that are or will become effective in 2015. Changes include: • New requirements, including new data collection and analysis obligations, for Affirmative Action Programs for individuals with disabilities and protected veterans. • EEO policies must be expanded to include sexual orientation and gender identity. • $10.10 per hour minimum wage for construction and service contracts. • Submission of annual pay data to OFCCP for analysis, and mandatory policies that prohibit discrimination against employees for discussing their pay (likely coming in 2015). These and other new requirements are discussed in the Affirmative Action Update at the link below. In short, it is no longer “business as usual” for government contractors and subcontractors. MORE

CMS Offers to Settle Appeals of Denied Inpatient Claims for Hospital Stays Beginning Before October 31, 2013
September 08, 2014
By Justan Shinkle
Is your hospital trudging its way through the seemingly endless levels of inpatient claims appeals? We have good news! Last week, due to the unprecedented backlog of appeals, CMS proposed to settle certain inpatient claims appeals for 68% of the claim. MORE

Why did the Lesser Prairie-Chicken cross the road?
May 13, 2014
By David Traster
Answer: Because a Lesser Prairie-Chicken, now an Endangered Species Act “threatened species,” can do whatever it wants ... on your land, on land that you operate, even on land where you provide services. But this is no joke—harming this bird, or just harming its now-protected habitat, can result in substantial monetary penalties or even land you in prison. MORE

2014 Kansas Legislature Redefines the Practices of Architecture, Engineering, and Landscape Architecture
May 12, 2014
By Wyatt Hoch
Over the course of the last 4 years the Kansas industry groups for architects, engineers, landscape architects, surveyors, and geologists have worked to develop consensus for updating their Kansas licensing statutes. That effort culminated on April 18 with Governor Brownback’s signature of Senate Bill 349, which goes into effect July 1. The statutory revisions, according to AIA Kansas, are intended to provide “clarity for the affected professions.” MORE

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ONC Focuses on HIPAA Security With Release of Security Risk Assessment (SRA) Tool
April 04, 2014
By Brooke Aziere
Health care providers received a gift from the U.S. Department of Health and Human Services (HHS), Office of the National Coordinator for Health Information Technology (ONC) last week. On March 28, 2014, ONC, the HHS agency driving federal efforts on health information technology, released a new Security Risk Assessment (SRA) Tool to assist health care providers with completion of the risk assessment required under the HIPAA Security Rule. Although HHS indicated that the SRA Tool is designed to assist small-to medium-sized providers, the SRA Tool also contains guidance that assists larger providers and business associates with completion of the required assessment. MORE

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Plus icon2004
New Rules Affect Executive Compensation Plans (Jim Rankin, Doug Hanisch, Jason Lacey)
OIG 2005 Work Plan Identifies Enforcement Priorities (Gary Ayers)
Group Health Plans: Are You Ready for New COBRA Notice Rules Effective in 2005? (Jay Rector, Doug Hanisch, Jason Lacey)
New Stark Phase II Regulations Released (Stan Andeel, Scott Palecki)

Kansas Employment Law Blog

Debate Continues on Whether Title VII Prohibits Discrimination Based on Sexual Orientation (Authored by: J. Steven Massoni, 04/05/2017)

The federal courts continue to wrestle with whether sexual orientation is protected by Title VII – the law that prohibits discrimination based on sex. Although most circuit courts of appeal (including the 10th Circuit that covers Kansas) hold that Title VII does not cover sexual orientation, recent court decisions have brought the debate to the forefront.

We told you in a post last August that the 7th Circuit Court of Appeals had rejected the EEOC’s position that discrimination based on sexual READ MORE


Tort Law Desk Reference: A Fifty-State Compendium (Co-Author, Kansas Section) (Daniel J. Buller)

A Big-Picture Viewpoint May Help You Make Better Hiring Decisions (Boyd A. Byers)
EEOC Proposes Changes to EEO-1 Reports to Collect Pay Data (Boyd A. Byers)
Health Law Chapter (Brooke Bennett Aziere)
Health Law Chapter (Justan R. Shinkle)
Health Law Chapter (Alex W. Schulte)
Health Law Chapter (Amanda M. Wilwert)
IRAs Demystified (Jeremy L. Graber)
Lawyer Parenting (Holly A. Dyer)
Like a Good Neighbor: Extending Anti-Trafficking Protections to Mexican Unaccompanied Children (Anne M. Harrison)
Norton Seventh Circuit Bankruptcy Review (David L. Ferguson)
Planning With the End in Mind
President's Column (James P. Rankin)
President's Column (James P. Rankin)
President's Column (James P. Rankin)
President's Column (James P. Rankin)
The BOTS Act: A Small Step for Fankind When a Giant Leap is Needed (Robert (Bob) J. McFadden)

“Ban-the-box” movement making its way in Kansas and across the country (Tara Eberline)
Abraham Lincoln, Alexis de Tocqueville, and George Takei Walk into a Bar... (Holly A. Dyer)
ACA back in front of the Supreme Court
All I Really Need to Know About HR I Learned in Kindergarten? (Boyd A. Byers)
An ACA anniversary
Can Angry Birds make employees happy (and productive)? (Boyd A. Byers)
Christmas Vacation, Free Beer, and the FLSA (Boyd A. Byers)
Court Invalidates DOL change to companionship exemption
Defining Liberty (James P. Rankin)
Defining Liberty (James P. Rankin)
Defining Liberty (James P. Rankin)
Defining Liberty (James P. Rankin)
Defining Rule of Law (James P. Rankin)
Defining Rule of Law (James P. Rankin)
Defining Rule of Law (James P. Rankin)
Defining Rule of Law (James P. Rankin)
DOL continues to add states to employee misclassification initiative
DOL proposes significant increase in required salary for FLSA exemptions
DOL spouse rule on hold in four states
Federal legislation would clarify wellness plan treatment under ADA and GINA
For Discrimination, it depends on what the meaning of the word “sex” is (J. Steven Massoni)
Give and Take? Procedure, Practicalities, and Policy in Naturalization Appellate (Kelsey N. Frobisher)
Governor rescinds anti-discrimination protection for LGBT state employees
Health Law Chapter (Brooke Bennett Aziere)
How will the Supreme Court's ruling on same-sex marriage impact Kansas employers?
How will the Supreme Court's ruling on same-sex marriage impact Kansas employers?
J-Law and the 'Hustle' for Equal Pay (Boyd A. Byers)
Kansas Legislature (finally) finishes record-setting 2015 session (Tara Eberline)
Kiddo (Holly A. Dyer)
Like a Girl Superbowl commercial
Make sure you're not singing the summertime blues
New ACA FAQs Clarify the Preventive care mandate
New IRS Q&As clarify ACA reporting issues
New OSHA reporting rule goes into effect
NLRB election rule challenged
NLRB quickie election rule faces Congressional attack
No More inference of contractual right to lifetime retiree health benefits
Oh, What a Bar! (Holly A. Dyer)
PewDiePie (Holly A. Dyer)
Supreme Court upholds AVA tax credits in federal exhanges
Swing and a Miss: The Missouri Court of Appeals Attempts to Interpret Delaware Corporation Law (David L. Ferguson)
Ten Questions for the New WBA President (Holly A. Dyer)
Termination goes south
The Save American Workers Act
Top ten most frequently cited OSHA standards for FY2014
What's going on under the green dome?
Wolfpack (Holly A. Dyer)
Wrestling over equal pay

"Fountain Lady" Teaches Lesson in Unemployment Benefits (Boyd A. Byers)
2015 inflation adjusted amounts for HSAs and HDHPs
A freaky non-compete non-sequitur
Affirmative Action Update - December 2014
Affirmative Action Update - December 2014
Affirmative Action Update - December 2014
Analyzing a Trade Secret Case in Kansas (Jeffrey B. Hurt)
Analyzing a Trade Secret Case in Kansas (Anthony (Tony) F. Rupp)
Civil Procedure Chapter (Scott C. Nehrbass)
CMS FAQ clarity HIPAA health plan identifier (HPID) requirement
CMS indefinitely delays HPID implementation
CMS offers to settle appeals of denied inpatient claims for hospital stays beginning before October 31, 2013
Considering the scope and impact of the Supreme Court's Hobby Lobby decision
Corporate media policy runs afoul of the National Labor Relations Act
Court Affirms No Bonus Guarantee for At-Will Employee (Tara Eberline)
Court of Appeals weighs in on H-2B wage rule
Criminal Forfeitures: The Supreme Court Gives Unbridled Discretion to Curtail the Sixth Amendment (Robert (Bob) J. McFadden)
DOL delays proposed amandments for white collar exemptions
DOL proposes rule to raise minimum wage for federal contract workers
DOL tries to wring Southwestern Bell for alleged OSH Act retaliation (Tara Eberline)
DOL updates COBRA notice regulations and model COBRA notices
Drunk employee who fell through roof still gets workers' comp
EEOC catches grief over wellness plan litigation
EEOC challenges another wellness plan under the ADA
EEOC concern about targeted job advertisements
Employement & Labor in Missouri - Lexology Q & A
Employment & Labor in Missouri - Lexology Q & A
Facebook like Protected concerted activity
Foreign student employment
Happy Labor Day!!!
Health Law Chapter (Brooke Bennett Aziere)
HHS addresses same-sex spouses under HIPPA
HIPPA settlement highlights focus on security concerns
IRS and HHS rein in minimum value plans
IRS clarifies impact of health FSA carryover on HSA eligibility
Jury awards nearly $1 million to employee who slept on the job (Tara Eberline)
Kansas Case Law Update (David M. Traster)
Kansas Supreme Court describes tool to determine employment status under KWPA
Municipalities subject to new empolyment rules relating to handguns
New 125 plan election change addresses key AVA concern
New ACA FAQ addresses elimination of contraceptive coverage
NLRB opens company email up for employee use in organizing campaigns
ONC focuses on HIPPA Security with releease of Security Risk Assessment Tool
PCORI fee increases slightly
Royals, Royals, Royals
The Fair Labor Standards Act (Forrest T. Rhodes Jr.)
The lessons of the recent Ebola outbreak
They Buy Ugly Houses: Loan Modifiers and Foreclosed Properties Investors (Matthew (Matt) D. Stromberg)
They Buy Ugly Houses: Loan Modifiers and Foreclosed Properties Investors (Scott C. Nehrbass)

’Gimme that back’ – big changes to Kansas Wage Payment Act (Boyd A. Byers)
2013 Kansas Annual Survey, Volume XXIII, Torts (Bradley D. Serafine)
Can You Make Employees Give More Notice Than the Pope? (Boyd A. Byers)
Civil Procedure Chapter (Scott C. Nehrbass)
Earth and Wind Industries Playing With Fire: The Concurrent Rights of Wind Farm Operators, Oil and Gas Developers, and Landowners in Kansas (David R. Green)
Employee’s workers’ comp claim hasn’t raced its last lap yet (Teresa L. Shulda)
Federal Contractors Subject to Historic Regulations (Boyd A. Byers)
FLSA liability: It can get personal (Teresa L. Shulda)
FLSA liability: It can get personal (Sarah Burch Macke)
Gaga Over the FLSA Monster (Boyd A. Byers)
If you can't say something nice, it really is better to say nothing (Sarah Burch Macke)
Kansas Bar Association’s 2013 Annual Survey (Justan R. Shinkle)
New Law Triggers Need for Kansas Public Employers to Examine Weapons Policies (Wesley J. Kimmel)
Nontelepathic employer can't accomodate applicant who didn't ask (Sarah Burch Macke)
OT 2012 U.S. Supreme Court Opinions: Summary & Analysis (Toby Crouse)
Poor performance is valid reason for firing despite leave request (Teresa L. Shulda)

After the tempest: 2012 Kansas legislative session in review (Boyd A. Byers)
Another shot across the bow: NLRB challenges ‘at-will’ statements (Jeffrey B. Hurt)
Civil Procedure Chapter (Scott C. Nehrbass)
Court snaps Twigg's retaliation and FMLA claims (Joshua T. Hill)
Derailing FELA’s Causation Standard: The Supreme Court’s Misinterpretation of FELA in McBride and Suggestions to Restrict the Potential for Unlimited (Trent R. Byquist)
Don’t Judge a Crook by His Cover (David R. Green)
Don’t judge a crook by his cover (Teresa L. Shulda)
Healthcare reform survives: What’s next for employers? (Jason P. Lacey)
Kansas Bar Association’s 2012 Annual Survey (Justan R. Shinkle)
Kids in Candyland: DOL audit reminds employers about child labor (Forrest T. Rhodes Jr.)
OT 2011 U.S. Supreme Court Opinions: Summary & Analysis (Toby Crouse)
Section 1983 and Dispositive Motions (Toby Crouse)
The next wave of social media disputes: Who owns the account? (Donald D. Berner)
Winning the social media war (Donald D. Berner)

Copyright Infringement in the Ether: RAM Buffering and the Copyright Act’s Duration Requirement
Drafting Support and Discretionary Trusts: Navigating the Perils and Possibilities (Timothy P. O'Sullivan)
Employee's Failure to Cooperate Spells End of Harassment Claim (Teresa L. Shulda)
Employers with Salaried Non-Exempt Employees Beware! New DOL Regulations Change How You May Pay These Employees (Forrest T. Rhodes Jr.)
ERISA fiduciary liability for following the plan's terms? (Jason P. Lacey)
Fun in the Sun? Not While on FMLA Leave (Tara Eberline)
Kansas Bar Association's 2011 Annual Survey, Torts Chapter (Brooke Bennett Aziere)
Kansas Supreme Court makes Husky Hogs squeal (Boyd A. Byers)
Misclassification of Workers as Independent Contractors (Tara Eberline)
New Kansas Workers’ Compensation Act offers something for everyone (Boyd A. Byers)
New Notice Rule Reaches out to Union and Nonunion Employers Alike (Forrest T. Rhodes Jr.)
No Taxation Without Representation (And Only if Both can be Within the Realm of Our Legislative Control) (David L. Ferguson)
Oh baby! Employee's pregnancy bias claim fails to bear fruit (Teresa L. Shulda)
Prosecutorial Liability
The Fair Labor Standards Act (Forrest T. Rhodes Jr.)
The sky's not the limit-reining in the Lilly Ledbetter Fair Pay Act (Charles E. McClellan)
Truck driver’s ADA claim reaches the end of the road (Sarah Burch Macke)
Water Use and Reuse: The New Hydrologic Cycle (John C. Peck)
Worker Classifications Taking on New Importance (Vaughn Burkholder)
Worker Classifications Taking on New Importance (Tara Eberline)
Wrong number - please try again (Teresa L. Shulda)
Kansas Employment Law Newsletter

Each month, the Kansas Employment Law Letter KS Masthead delivers the practical, hands-on advice you need to manage your Kansas workforce safely and in compliance with Kansas and federal laws. That’s because the newsletter’s editors are Kansas attorneys who defend and counsel employers statewide. This link will give you information on how to subscribe to the newsletter and will let you view a sample of articles that appear in the printed newsletter.

Kansas Legislative Insights
Foulston Siefkin Kansas Legislative Insights Newsletter (June 9, 2017)

Kansas Legislative Insights is a weekly email newsletter publication KS Legislative Insights developed by the Public Policy Law and Governmental Relations practice group of Foulston Siefkin. It is designed to inform business executives, HR and governmental relations professionals about developments occurring in current Kansas legislation. Published regularly during the Kansas Legislative Session, it focuses on issues such as Business, Health Care, Insurance, Taxation, Financial Services, Agribusiness, Energy, Environment, Real Estate, and Labor and Employment. Bill summaries are by necessity brief, however, for additional information on any issue before the Kansas Legislature contact Foulston Siefkin’s Public Policy Law and Governmental Relations Practice Group Leader, James P. Rankin at 785.233.3600 or If you would like to receive future email issues of Foulston Siefkin’s Kansas Legislative Insights, please contact Matt Knoblauch at

Summer Associate Program Expectations
Practical Experience
Getting to Know the Firm

Summer Associate Program: Expectations

Summer Associate Program: Practical Experience

Summer Associate Program: Getting to Know the Firm

Proud of Foulston Siefkin

Proud of Foulston Siefkin


Issue Alerts
ACA Reporting Considerations in 2016
ONC Security Risk Assessment Tool
Kansas Legislature Redefines the Practices of Architecture, Engineering, and Landscape Architecture

ACA Reporting Considerations in 2016

ONC Security Risk Assessment Tool

Kansas Legislature Redefines the Practices of Architecture, Engineering, and Landscape Architecture

Attorney Profiles
Jack M. Epps
Karl N. Hesse
Wyatt A. Hoch

Jack M. Epps

Karl N. Hesse

Wyatt A. Hoch

Jason P. Lacey
Scott C. Nehrbass
Michael J. Norton

Jason P. Lacey

Scott C. Nehrbass

Michael J. Norton

James D. Oliver
Timothy P. O'Sullivan
Scott C. Palecki

James D. Oliver

Timothy P. O'Sullivan

Scott C. Palecki

James P. Rankin
Harvey R. Sorensen
Craig W. West

James P. Rankin

Harvey R. Sorensen

Craig W. West

Estate Planning
What to expect in the estate planning process
Estate planning principles
Probate Avoidance Techniques

What to Expect in the Estate Planning Process

Estate Planning Principles

Probate Avoidance Techniques

Medicaid and Long-Term Care Planning
Considerations for Second Marriages
Planning for a Mental Disability

Medicaid and Long-Term Care Planning

Considerations for Second Marriages

Planning for a Mental Disability

Disclosing Estate Plan to Children
Creating Separate Shares for Minor Children
Naming Children as Fiduciary of Estate

Disclosing Estate Plan to Children

Creating Separate Shares for Minor Children

Naming Children as Fiduciary of Estate

Protecting the Integrity of the Estate Plan
Asset Protection Strategies
Farm and Family Business Succession Planning

Protecting the Integrity of the Estate Plan

Asset Protection Strategies

Farm and Family Business Succession Planning

Employee Benefits & ERISA
Qualified Retirement Plans

Qualified Retirement Plans


2014 Foulston Siefkin Employment Law Seminar

2014 Foulston Siefkin Employment Law Seminar


Holiday Cards
2016 Holiday Card
2015 Holiday Card
2014 Holiday Card

2016 Holiday Card

2015 Holiday Card

2014 Holiday Card

2013 Holiday Card

2013 Holiday Card

J-1 Waivers: Another Means to Bring Physicians to Underserved Communities (Authored by: Don Berner)
  • A short summary of the J-1 Visa and how it operates
  • An overview of the J-1 Visa waiver process
  • A general timetable of the process
Kansas Estate PlanningKS Estate Planning

It has been said that most individuals spend more time planning their family vacation than they do planning their own estate. The failure to devote sufficient time to the management and disposition of one’s estate in the event of disability or death can result in consequences far more severe than experiencing a “bad trip.” However, willingness to devote adequate time to the effort will not in and of itself ensure adoption of an appropriate estate plan. Proper planning also requires knowledge of all relevant factors and choices.

This 156-page book is designed by an attorney in our estate planning department to be an objective discussion of most factors involved in the estate planning process. Unlike most estate planning books designed for the general public, it specifically addresses the impact of Kansas laws on estate planning issues and techniques. The author believes this book is one of the most comprehensive and informative overviews available to assist Kansas residents in either implementing an estate plan or reviewing an existing estate plan.

This book should not be considered as legal advice or a “do it yourself” guide. Due to the inherent complexity of estate planning issues, the strategies or principles discussed in this or any other book should not be implemented without the counsel of a competent estate planning attorney. To see a description of what is covered in the book and to print an order form, click here.

HIPAA Privacy Implementation Handbook for Health Care Providers (Newly Revised for 2013)
HIPAA Handbook

In response to significant demand from health care providers throughout Kansas, Foulston Siefkin attorneys have developed a comprehensive HIPAA Handbook for Health Care Providers. The Handbook includes reference tools, sample forms, and sample policies and procedures you can utilize in developing your HIPAA implementation program. Unlike products marketed nationwide, these materials have been developed over a two year period to address unique aspects of Kansas law. Included with the Handbook is a CDROM containing all of the documents in Word format. If you prefer, our lawyers can assist in customizing these documents for an additional charge. For more detailed information about our HIPAA Handbook for Health Care Providers, please click here.

FMLA Compliance Manual & Forms (Newly Revised for 2013) FMLA Cover

Complying with the Family and Medical Leave Act (“FMLA”) can be costly and confusing for employers. Foulston Siefkin’s FMLA Compliance Manual & Forms can help you deal with the legal and practical complexities of the FMLA.

This manual, newly revised for 2013, contains everything you need to bring your policies and forms up to date. The manual is a complete reference guide to the FMLA and regulations to help you understand how these requirements apply to your organization. Model policies, notices, letters, certifications, and other forms you need to process and manage leave requests are included in both print and electronic format to help you save time, money, and headaches.

New HAZCOM Standard Training Presentation HAZCOM CD

OSHA's amendments to the Hazard Communication ("HAZCOM") standard required employers to provide training to their employees on the new label elements and new safety data sheet by December 1, 2013. While that deadline has passed, covered employers can (and should) still become compliant by providing the training. If OSHA conducts an audit, employers who have provided the training before OSHA arrives (even if it was a little late) will be in a much better position to avoid potential monetary fines than those who haven't yet provided the training. The scope of the HAZCOM standard is broad and applies to any employers with employees who may have access to any hazardous chemical in the course of their work duties. The standard is not limited to only manufacturing companies or chemical producers.

In order to assist employers with this requirement, attorneys at Foulston Siefkin have prepared a presentation-ready PowerPoint that meets OSHA’s requirements for the mandatory training. This presentation provides detailed explanations of the new label elements and safety data sheet changes, and offers an easy to navigate, do-it-yourself format.

The presentation includes:
  • PowerPoint Slides
  • Speaking Notes to assist the presenter
  • A sample Chemical Label compliant with the new requirements
  • Side by Side comparison of the old and new Hazard Communication Standards
  • Detailed Explanations of the new label elements and safety data sheet