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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)

New Maryland Legislation Summer 2004

Although there were no new "blockbuster" health care bills passed during the 2004

Unrelated Business Taxable Income

Every Maryland hospital, except one, is a not-for-profit, tax-exempt, charitable organization.

Kendra's Law

The Constitutionality of "Kendra's Law" has been upheld in New York.

Coming Soon -- Medicare Prescription Drug Coverage

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 makes sweeping changes to the Medicare Program, including phasing in a prescription drug benefit over the next two years.

Is It Time for an Injured Patients' Compensation Commission?

Recent medical malpractice reform initiatives in Maryland have targeted certain high cost issues, such as lowering Maryland's existing cap on awards for pain and suffering.  Although these "re

Did You Know? Summer 2004

Play or Pay in California: Did you know that California recently passed a law that will tax businesses with fifty or more employees if the businesses do not provide health coverage