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Medical Marijuana

During the last decade, California and a number of other states, including Maryland, have passed laws legalizing or otherwise protecting the use of marijuana for medical purposes.

More Q & A On Medical Magnets

The Maryland Self-Referral law prohibits health care providers, including physicians, from referring patients to a health care entity in which the referring provider has a financial interest.

Payment For The Treatment Of Illegal Immigrants

Health care providers are often called upon to treat individuals before learning much about the individual.

Subpoenas For Medical Records--How The Rules Have Changed

Health care providers are often confronted with subpoenas or other legal requests to produce the medical records of their patients.

Thumbs Up To Document Retention Policies In Arthur Andersen

In a unanimous decision, the United States Supreme Court overturned the conviction of Arthur Andersen for destroying Enron-related documents.

Did You Know? Summer 2005

Malpractice Coverage for FSHC Doctors: Did you know that a federal court recently ruled that the Department of Health and Human Services (HHS) must reconsider its denial of malprac

FTC/DOJ Report on Competition in Health Care

In 2004, the Federal Trade Commission and the Department of Justice (the Agencies) issued their joint report titled "Improving Health Care: A Dose of Competition." The report is the result of 27 da

Gainsharing Rides Again

In 1999, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services announced that "gainsharing" arrangements are generally against the law.

New Maryland Legislation - Summer 2005

The 2005 Maryland General Assembly Session turned out to be a very busy, a very reactive and a very creative Session in regard to health care, with several truly novel laws being enacted.

Testimony Preparation

Health care providers, administrators and insurers often find themselves testifying before regulatory bodies or otherwise being questioned under oath, for example, in a deposition.

The Six Sources of Fair Market Value

The federal Stark law prohibits physicians from referring patients to entities in which they have an ownership interest or with which they have a compensation relationship.

Supreme Court Gives Thumbs Up to Document Retention Policy in Arthur Andersen Case

In a unanimous decision, the Supreme Court overturned the conviction of Arthur Andersen for destroying Enron-related documents.

2005 Maryland Laws Update

Bank Robbery Increased PenaltiesHB 663 - Chapter 567 (effective June 1, 2005)

Commercial Leases: Frequently Negotiated Provisions, Maryland Institute for Continuing Professional Education of Lawyers (MICPEL)

Bill Shaughnessy presented for the Maryland Institute for Continuing Professional Education of Lawyers (MICPEL).

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

Maryland Hospital Safety Initiatives

Last year was a big year for hospital safety initiatives in Maryland.

Trouble For Exclusive Contracts Between Hospitals and Doctors

Excluded doctors usually fail when they challenge exclusive contractual arrangements between hospitals and other doctors. However, two recent cases are clear exceptions to this rule.

When Is An Operating Room Not An Operating Room

When is an operating room not an operating room? When it is a "procedure room." For the owners of ambulatory surgery centers in Maryland, this distinction can make a world of difference.

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.

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.

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

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.