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2004 Maryland Laws Update

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

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.

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

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.

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

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.

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

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 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.

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

Co-Management Under Scrutiny

Co-management of patient care has been targeted by the Department of Health and Human Services, Office of Inspector General (OIG), as a potential illegal kickback.

2003 Maryland Laws Update

The 2003 session of the Maryland General Assembly adjourned at midnight on April 7 after passing 629 bills. Many of these new laws affect financial service providers.

Electronic Disclosure of ERISA Documents

Federal law (ERISA) requires that employers provide certain documents relating to their employee benefit plans to the people who are covered by the plans. The U.S.

Welcome to Free Agency: The Antitrust Attack on the National Resident Match Program

Who is Yazoo Smith? If you don't know, you will by the end of this article.

No Hire Clauses - Are They Legal?

Contracts involving health care professionals often contain a provision where one side agrees not to hire the other side's employees.

Patient Referral Shortcuts

There are a myriad of laws that prohibit, in one way or another, a Maryland health care provider from earning a profit from the provider's ability to refer a patient for needed health care services

HIPAA Highlights Spring 2003

The Health Insurance Portability and Accountability Act (HIPAA) contains administrative simplification provisions that are designed to encourage health care providers and health plans to proces