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HIPAA Highlights Fall 2002

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

Corporate Responsibility Checklist

Corporate responsibilities have increased dramatically since the recent passage of the Sarbanes-Oxley Act, the modifications to the corporate governance standards adopted by the New York Stock Exch

Court of Appeals Narrows Telephone Exemption Under Maryland Wiretap Act

The Maryland Court of Appeals ruled that equipment which the Injured Workers' Insurance Fund ("IWIF") used to monitor and record incoming and outgoing calls did not qualify as "telephone equipment

Social Security's New Policy on Mismatched Employee Information

The Social Security Administration (SSA) has revised its policies concerning employers who submit reports containing erroneous or "mismatched" information, i.e., where employees' names and social s

Swearing Is No Big Deal At Least When Filing An EEOC Complaint

It is okay to file now and swear later. The Supreme Court said as much recently in the decision Edelman v. Lynchburg College, 2002 U.S. LEXIS 1935, 122 S.Ct. 1145 (2002).

Supreme Court Strikes Down NLRB's Imposition of Liability Against Employer Who Filed Unsuccessful Lawsuit

BE&K Construction Company, a general contractor, was engaged to modernize a steel mill.

Sarbanes-Oxley Act of 2002: Sweeping Accounting Reform and Corporate Accountability

On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002 (the "Act"), which significantly increases federal regulation of accounting firms and corporate governance of compani

Continuing Violation Theory Extended

In order to file a discrimination lawsuit under Title VII of the Civil Rights Act of 1964, a plaintiff must first file a timely administrative charge with the Equal Employment Opportunity Commissio

Is There Such A Thing As Reverse Age Discrimination?

Employees over the age of 40 may sue under the Age Discrimination in Employment Act (ADEA) and claim they received less-favorable treatment than older workers, the U.S.

A Threat To One's Self Is Enough

The Americans with Disability Act of 1990 (the "ADA") prohibits employers from using qualification standards that screen out or that have a tendency to screen out an individual with a disability or

ERISA Plan Claims and Appeals:

In November, 2000, the U.S. Department of Labor issued new regulations governing claims and appeals for ERISA plans.

New Maryland Health Care Legislation Summer 2002

The following is a sampling of some of the more significant health care measures enacted by the Maryland General Assemb

Maryland Regulatory News Spring 2002

1. In January, the Maryland Health Care Commission (HCC) released its 2000 State Health Care Expenditures Report.

Alleged Discrimination Trumps Confidentiality of Peer Review

The Fourth Circuit Court of Appeals, the federal appellate court with jurisdiction for Maryland, Virginia, West Virginia, and North and South Carolina, has ruled, in Virmani v.

Drug Company Promotions

The Pharmaceutical Research and Manufacturers of America (PhRMA), which represents research-based pharmaceutical and biotechnology companies, has adopted a voluntary Code to address interactions be

Did You Know? Summer 2002

Medicare Managed Care: Did you know that a proposed rule is pending that improves the Medicare+Choice (M+C) appeal and grievance procedures, including giving M+C enrollees advance

HIPAA Highlights Summer 2002

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

Assisted Suicide

A federal judge recently thwarted Attorney General John Ashcroft's efforts to stall Oregon's physician-assisted suicide law.

2002 Maryland Laws Update

Some of these new laws may affect procedures or forms and may require action to be taken. We have highlighted these laws by our Action Alerts.

Employer Obligations for Privacy of Employee Health Information:

All employer-sponsored health plans (except those that have fewer than 50 participants and are administered in-house) must comply with new privacy requirements imposed by the HIPAA

D.C. Employers Beware! Employee Handbooks May Create Unintended Contracts --

For years employment lawyers have repeated the warning that every employee handbook must have a conspicuous and clear disclaimer of contractual intent.

Ergonomics - Redux

On April 5, the Bush administration announced a "comprehensive plan designed to dramatically reduce ergonomic injuries through a combination of industry-targeted guidelines, tough enforcement measu

Brother, Can You Spare A Pill?

Public opinion has forced federal and state governments to ponder solutions to the rapidly rising costs of prescription drugs.