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.
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
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
The Supreme Court recently reaffirmed its previous opinions which established the availability of an affirmative defense for employers in certain cases involving charges of sexual harassment by sup
On June 21, 2004, the U.S. Supreme Court unanimously ruled that an HMO providing coverage under an employer’s group health plan cannot be sued under state law for its benefit determinations.
The Pension Benefit Guaranty Corporation (PBGC) has proposed a new penalty structure for a plan administrator’s failure to notify participants of a plan’s underfunded status.
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
