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Did You Know? Spring 2005

HIPAA and Advanced Directives: Did you know that HIPAA may make it more difficult for the Agent that you have appointed under a Durable General Power of Attorney or an Advance Dire

Beyond Brand X - Using Another’s Trademark in Your Own Advertising

What do Budweiser, John Deere, The Energizer Bunny, Pebble Beach and Christian Dior have in common?Nothing.

Medical Staffs and Hospital Boards Clash Over Control

After poor care and fraud, the worst sin of hospital governance is for a hospital board to go to war with its medical staff. It is, therefore, surprising how relatively often such battles arise.

OIG Supplemental Compliance Program for Hospitals

On June 8, 2004, the Office of the Inspector General (OIG) issued a Draft Supplemental Compliance Program for Hospitals.

Subrogation: 'Don't Ask, Don't Tell'

In Maryland, people injured by a negligent driver or by another negligent party are entitled to recover the cost of their medical treatment from the negligent party.

Did You Know? Winter 2004

Medicaid Mental Health Services. Did you know that the Maryland General Assembly passed legislation in 2004 that prohibits the Secretary of the Department of Health and Mental Hygi

A Job Description for Board Members

While there is no mandate that all organizations have a board of directors, boards are, nevertheless, ubiquitous in the United States for both for-profit and not-for-profit companies.

FDIC Issues Update on Annual Audit and Reporting Requirements

On November 17, 2004, the Federal Deposit Insurance Corporation ("FDIC") provided guidance on the internal control attestation standards that auditors of insured institutions with $500 million or m

Federal Diversity Denied to National Banks

National banks beware! A recent court opinion substantially limits a national bank's access to federal courts in Maryland, North Carolina, South Carolina, Virginia, and West Virginia.

New Laws And Regulations Affecting Employee Benefit Plans November 2004

The federal government continues to enact new rules affecting employee benefits.  The following new laws and regulations require changes to most employers’ plans:

What's New In Stark II?

Health care professionals around the country have been patiently waiting for almost three years for the newest refinements to the Stark law.

Research and PHI: Let Me Count The Ways

The HIPAA privacy regulations were not intended to impede medical research.

Maryland Regulatory News Fall 2004

In May, Commissioner Samuel J.

Q & A on Maryland Magnets

Doctors often need to refer their patients for diagnostic tests, such as x-rays, magnetic resonance imaging, known as MRIs or magnets, or computed tomography, know as CTs, before the doctor recomme

HMOs Shield From State Malpractice Suits

This Summer, the U.S. Supreme Court held, in Aetna Health Inc. v.

Did You Know? Fall 2004

Retirement Assets Protected: Did you know that creditors cannot reach the qualified retirement plan assets of a solo practitioner?

Document Retention Policies

One of the most important functions computers perform for modern day business is the storage of information, and virtually every organization or company regardless of its size uses computers to con

Stacked Payee Checks are payable to any one of the Named Payees

It is now clear that, under Maryland law, checks drawn to more than one payee, listed in stacked format, with no grammatical connector, punctuation, or symbol indicating their relationship, are pro

No Private Right of Action for (Some) Violations of the Maryland Mortgage Lender Laws

Thrasher v. Homecomings Financial Network, Inc., 154 Md. App 77, 838 A.2d 392, cert. denied 380 Md. 619, 846 A.2d 402 (2003)

Balloon Payments Disclosures for 2nd Mortgages

Drew v. First Guaranty Mortgage Corporation,379 Md. 318, 842 A.2d 1 (2003)

Don't Respond to a Subpoena for Financial Records Until It Is Due

Bond v. Slavin et al., 2004 Md. App. LEXIS 96 (filed June 18, 2004)

Choice of Maryland Law - a Trap for the Unwary

Noteworthy Maryland CasesWells et al. v. Chevy Chase Banks, F.S.B. et al., 377 Md. 197, 832 A.2d 812 (2003) cert. denied 158 L. Ed. 2d 485, 124 S. Ct. 1875 (2004)