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Did You Know? Summer 2004

Play or Pay in California: Did you know that California recently passed a law that will tax businesses with fifty or more employees if the businesses do not provide health coverage

Unrelated Business Taxable Income

Every Maryland hospital, except one, is a not-for-profit, tax-exempt, charitable organization.

Is It Time for an Injured Patients' Compensation Commission?

Recent medical malpractice reform initiatives in Maryland have targeted certain high cost issues, such as lowering Maryland's existing cap on awards for pain and suffering.  Although these "re

Kendra's Law

The Constitutionality of "Kendra's Law" has been upheld in New York.

New Maryland Legislation Summer 2004

Although there were no new "blockbuster" health care bills passed during the 2004

Coming Soon -- Medicare Prescription Drug Coverage

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 makes sweeping changes to the Medicare Program, including phasing in a prescription drug benefit over the next two years.

Supreme Court Limits Lawsuits Against HMO's

On June 21, 2004, the U.S. Supreme Court unanimously ruled that an HMO providing coverage under an employer’s group health plan cannot be sued under state law for its benefit determinations.

Supreme Court Reaffirms Availability of Employer's Affirmative Defense to Supervisor Sexual Harassment

The Supreme Court recently reaffirmed its previous opinions which established the availability of an affirmative defense for employers in certain cases involving charges of sexual harassment by sup

Business Law Institute: Licensing Agreements, Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL)

Ned Himmelrich presented at Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL).

2004 Maryland Laws Update

The 2004 session of the Maryland General Assembly adjourned on April 12.

Final COBRA Regulations Issued by DOL

On May 26, 2004, the Department of Labor (“DOL”) issued final regulations governing COBRA’s notice requirements.  The regulations will require most employers to revise their COBRA notices and

PBGC Proposes New Penalties

The Pension Benefit Guaranty Corporation (PBGC) has proposed a new penalty structure for a plan administrator’s failure to notify participants of a plan’s underfunded status.

New SEC Rules May Affect Health Care Attorneys and Clients

The Sarbanes-Oxley Act, enacted by Congress on July 30, 2002, required the Securities and Exchange Commission (SEC) to establish standards of conduct for attorneys.

Patients With Vision, Hearing or Speech Impairments

Title III of the Americans with Disabilities Act (ADA) mandates that individuals with disabilities have an equal opportunity to benefit from the goods and services offered by places of public accom

Health Care FSAs, HRAs, and HSAs May Cover Nonprescription Drugs

The IRS recently ruled that a health care flexible spending account (FSA) may reimburse a participant for nonprescription (also known as "over-the-counter" or OTC) antacids, allergy medicines, pain

Did You Know? Spring 2004

Kansas Blues Acquisition Blocked: Did you know that the Kansas Supreme Court, in Blue Cross and Blue Shield of Kansas, Inc. v.

Hospitals Held Liable For The Acts Of Independent Physicians

Two recent cases, one in Florida and the other in New York, allowed patients to pursue claims against hospitals for the alleged medical malpractice of independent physicians who provided services a

Banks have a 'reasonable time' to act on writ of garnishment

The Maryland Court of Appeals held that U.C.C.

Trademark Law and Practice, Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL)

Ned Himmelrich presented at Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL). This topic was originally presented in 2003 and updated for 2004.

Where Does The Buck Stop?

In <i>Ethel Louise Hill v. Lockheed Martin</i>, 354 F.3d 277, decided January 5, 2004, the U.S.

Did You Know? Winter

HIPAA Privacy Withstands Attack: Did you know that, not only has the U.S. Court ofAppeals for the Fourth Circuit, in South Carolina Medical Association v. Thompson,

Maryland Regulatory News Winter 2003

1. The new Chairman of the Health Services Cost Review Commission (HSCRC) is Irvin W. Kues. Mr.