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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

Sex and Medicine Don't Mix

In June of 2003, Maryland's mid-level appellate court, in Finucan v.

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.

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

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 

Fourth Circuit Holds Employees Can Select a Specific Weingarten Representative

The National Labor Relations Board and the courts have long held that an employee represented by a union has a right to have a union representative at an investigatory interview which the employee

Maryland Employers Beware! There is Nothing Unusual About Workplace Accidents When It Comes to Awarding Workers' Compensation

In order for an employee to be entitled to workers’ compensation benefits for an accidental injury, the injury must arise out of and in the course of the employment.

Did You Know? Summer 2003

Retiring Doctor's Recommendations: Did you know that a Florida trial court recently dismissed a claim by a whistleblower alleging violations of the Stark statute arising from a hos

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.

California Nurse-to-Patient Ratios

California is the first state to limit the number of patients that may be assigned to each hospital nurse.

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

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.

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.

Lessons Learned for Silicone Breast Implant Litigation, Mealey's Emerging Product Liability Conference

George Ritchie presented at the Mealey's Emerging Product Liability Conference.

Maryland Employer's Firing of an At-Will Employee for Consulting Attorney is Not a Wrongful Discharge

Maryland’s highest court ruled that an at-will employee has no general right to consult with an attorney before responding to an adverse employment action. The plaintiff in Porterfield v.

I'm Not Sleeping, I'm on Leave

The 7th Circuit Court of Appeals in Chicago recently ruled that the firing of an employee for sleeping on the job could violate the Family and Medical Leave Act (“FMLA”) and ordered that the employ

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.

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.

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.

Tenant Loses 1, Wins 1

One of the most significant expenses incurred by all health care providers is the rent that they pay for the space that they lease.

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