ExperienceLegislative Advocacy and Strategic Advice
- Because of its broad representation of health care clients, Nielsen Merksamer is actively involved in the development of all major healthcare policies including provider scope of practice and licensing, health plan regulation and California’s implementation the federal Affordable Care Act. Notable legislative achievements include the development of Medi-Cal’s prescription drug rebate formulary program, negotiation on the state’s Managed Care Organization (MCO) tax, work on provider reimbursement rates, seismic retrofitting of hospitals and the landmark hospital provider fee, California Medical Information Act and increasing the scope of practice for a variety of provider categories.
- In providing representation to a diverse number of local government jurisdictions, the firm has been directly involved in every major legislative policy discussion addressing the fiscal relationship between state and local government over the last several decades. These issues include the allocation of tax revenues, land use planning, and funding of state-mandated public safety and health and welfare programs, including those recently realigned from the State to counties. Important legislative successes include protection of local property tax revenues in excess of the amounts designated for schools or redevelopment projects. In addition, Nielsen Merksamer has represented its client counties in successfully achieving legislative approval of budget allocations for local levee and water quality projects and establishing the restoration and preservation of the Sacramento-San Joaquin Delta as a state priority equal to the reliable conveyance of water to the State Water Project
- Nielsen Merksamer has unparalleled experience in tax policy matters and has represented several significant business coalitions including the California Business Defense, California Unitary Tax Council and Business for Economic Growth in California in their legislative efforts. Successes include the establishment of a $1.6 billion California motion picture production tax credit program, reinstatement of the small business qualified stock (QSBS) income exclusion, Employment Taxpayers Bill of Rights, independent judicial review of assessment appeals, single sales factor apportionment and manufacturer’s investment credit extension for software manufacturers. The firm has also successfully stopped legislation that would have increased taxes for a wide variety of businesses in California.
- The firm has been involved in numerous seminal legislative matters pertaining to its business clients. These include legislation relating to complex environmental issues, including hazardous materials, recycling, and energy efficiency, financial services, data security, tax credits and grant programs.