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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

2004 Maryland Laws Update

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

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

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

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.

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

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.

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.

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

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

Maryland Regulatory News Winter 2003

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

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.

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,

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

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

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

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

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

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

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