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HIPAA Highlights Spring 2003

The Health Insurance Portability and Accountability Act (HIPAA) contains administrative simplification provisions that are designed to encourage health care providers and health plans to proces

New SEC Rules Focus on Financial Accountability

A version of this article was published in The Daily Record on March 20, 2003.

Toxic Mold Liability & Litigation, Harkins Builders

George Ritchie presented for Harkins Builders in Columbia, MD.http://www.harkinsbuilders.com/

Employer Obligations to Members of the Military

In light of the activation of national guard and armed forces reserve units, employers should make sure they understand their obligations to employees and applicants for employment who are members

D.C.'s Top Court Retreats from Anti-Employer Decisions re: Employee Handbooks

UPDATE: In June, 2002 we warned employers about decisions of the District of Columbia's highest court which found that the employers could not rely on conspicuous and clear disclai

Implementing the New Disclosure Controls

Under the mandates of the Sarbanes-Oxley Act, public companies are now required to establish and evaluate disclosure controls and procedures in addition to the accounting controls and procedures.

HIPAA Highlights Winter 2002

The Health Insurance Portability and Accountability Act (HIPAA) contains administrative simplificatio

Good Samaritan Laws Within Hospitals Walls

Good Samaritan laws nationwide provide civil immunity for an individual who renders aid to an injured person.

HMO Trade Secrets

In a Pennsylvania malpractice suit arising out of an alleged failure to diagnose prostate cancer on a timely basis, a patient alleged that his injuries were caused in part by the financial incentiv

Did You Know? Winter 2002

Bystander Emotional Distress: Did you know that the California Supreme Court has ruled that a bystander may recover damages for emotional distress caused by observing medical malpr

Maryland Regulatory News Winter 2002

1. In October, both the Maryland Health Care Commission (HCC) and the Health Services Cost Review Commission moved their offices across Patterson Avenue to Reisterstown Road Plaza in Pikesville.

Supreme Court OKs State Independent Review Law

There has been much confusion surrounding the ability of the fifty states to regulate health benefits provided by employers to their employees. During the past year, however, the U.S.

Pennsylvania Limits Joint and Several Liability

Pennsylvania enacted legislation in 2002 that abolishes joint and several liability for most personal injury defendants who are liable for less than sixty percent of the dollar amount of damages aw

When is A Commission Due? (Updated)

UPDATE: The Maryland Court of Appeals has ruled that Maryland's Wage Payment & Collection Act (the "Act") prohibits an employer from conditioning payment of a commission upon a

UCC Forms Revised

The International Association of Corporate Administrators made a minor revision to the form Financing Statement, the form Financing Statement Addendum and the form Financing Statement Amendment whi

New IRS Guidance on Health Reimbursement Accounts

Over the last several years, "defined contribution health plans" have been in the news as a way for employers to reduce health plan costs.

Court of Appeals Extends Wrongful Discharge Tort

In an unusual plurality decision, the Court of Appeals extended the wrongful discharge exception to the at-will doctrine to protect witnesses who report suspected crimes to law enforcement authorit

Health Benefits for Domestic Partners

Employers are increasingly considering offering health benefits to their employees' domestic partners. Employers who offer such benefits must make plan design decisions.

Sarbanes-Oxley Act, Maryland Bankers Association

Abba Poliakoff presented at the Maryland Bankers Association.http://mdbankers.com/

Nursing Shortage Hindered By Immigration Snafus

Tired of paying exorbitant fees to temporary nursing agencies to fill the nursing shortage, many health care employers are recruiting and hiring foreign nurses.

Hidden "Fair Market" Gem in Stark II Regulations

The federal law generally known as "Stark" prohibits physicians from referring Medicare patients to receive certain services from entities with which the physician has a financial relationship.

Clinically Integrated Physicians May Jointly Negotiate Payor Contracts

In February of 2002, the Federal Trade Commission (FTC) decided not to challenge a physician group's plan to operate as a clinically integrated joint venture and jointly to negotiate contracts with

Did You Know? Fall 2002

Resident Matching: Did you know that a class-action lawsuit has been filed challenging the National Resident Matching Program on antitrust grounds?

"Professional" Medical Witnesses

Two recent Maryland appellate decisions, Witte v. Azarian and Wrobleski v. de Lara, affect doctors who testify in medical malpractice and personal injury cases.