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