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Did You Know? Winter 2003

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

Health Reimbursement Accounts

Over the last several years, "defined contribution health plans" have surfaced as a meansof attempting to control the cost of employee health benefits. One form of these plans

State Sponsored Stopgap Prescription Drug Programs

Congress has recently expanded the Medicare Program to cover prescription drugs.However, while awaiting that action several states initiated their own prescription drug

Changes to EMTALA On-Call Regulations

New EMTALA rules went into effect on November 10, 2003. Each hospital with anemergency department must now maintain an on-call list of physicians to respond to

Supreme Court Limits Punitive Damage Awards

Doctors are suing health insurers and HMOs in regard to alleged improper paymentpractices, and such suits often seek the recovery of punitive damages in addition to

Trumping the Decisions of Health Care Agents

Many individuals have carefully arranged for health care decisions to be made on theirbehalf in the event of their incapacity. These individuals have designated a close relative

A New Breed of Copyright Issues

Don’t worry, we’ll get to the Napster Case.

FMLA Update December 2003

The Department of Labor’s Wage-Hour Division reported that the number of FMLA claims increased slightly in the fiscal year which ended September 30, 2003.  1,567 of the 3,565 FMLA claims filed

New Certification for Foreign Health Care Workers

In late July, the Department of Homeland Security (DHS) announced that it will require foreign health care workers to comply with additional certification requirements, documenting professional com

Any Willing Provider Laws Survive

Several states require health insurers to contract with any doctor, and certain other health care providers, who are willing to abide by the insurers' contractual terms, including the insurer's fee

Any Willing Provider' Laws Survive

Several states require health insurers to contract with any doctor, and certain other health care providers, who are willing to abide by the insurers' contractual terms, including the insurer's fee

Sex and Medicine Don't Mix

In June of 2003, Maryland's mid-level appellate court, in Finucan v.

Health Care Flexible Spending Account Debit Cards

Under a health care flexible spending account (FSA), an employee elects to have his or her pay reduced in exchange for reimbursement of medical expenses that are not covered by the employee's other

Concerted Refusals to 'Take Call'

Two San Diego anesthesiology groups have agreed to settle Federal Trade Commission (FTC) charges that they jointly agreed to fix prices for medical services and otherwise engaged in anticompetitive

Did You Know? Fall 2003

Hospital's Failure to Use Donated Funds: Did you know that Connecticut Attorney General Richard Blumenthal has filed a lawsuit against Yale-New Haven Hospital alleging that the hos

Maryland Regulatory News Fall 2003

1. In May, the Maryland Health Care Commission (HCC) released its web-based performance report on ambulatory surgery facilities. It can be found at amsurgguide.mhcc.state.md. us.

Health Care Flexible Spending Accounts and Health Reimbursement Arrangements May Reimburse For 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

USA Patriot Act

USA Patriot Act Section 326: Highlights of Consumer Identification Program Rules for Depository Institutions  

Maryland Employers Beware! There is Nothing Unusual About Workplace Accidents When It Comes to Awarding Workers' Compensation

In order for an employee to be entitled to workers’ compensation benefits for an accidental injury, the injury must arise out of and in the course of the employment.

Fourth Circuit Holds Employees Can Select a Specific Weingarten Representative

The National Labor Relations Board and the courts have long held that an employee represented by a union has a right to have a union representative at an investigatory interview which the employee

Maryland Regulatory News Summer 2003

1. The Maryland Health Care Commission (HCC) has two new members: Hon. Casper R. Taylor, Jr., the former Speaker of Maryland's House of Representatives and Stephen J.

Did You Know? Summer 2003

Retiring Doctor's Recommendations: Did you know that a Florida trial court recently dismissed a claim by a whistleblower alleging violations of the Stark statute arising from a hos

New Maryland Health Care Legislation - Summer 2003

Despite its preoccupation with the budget and slot machines, the Maryland General Assembly, nevertheless, found time to address some broad, as well as some narrow, health care concerns during its 2

California Nurse-to-Patient Ratios

California is the first state to limit the number of patients that may be assigned to each hospital nurse.