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 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 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 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.
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
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.
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
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.
New EMTALA rules went into effect on November 10, 2003. Each hospital with anemergency department must now maintain an on-call list of physicians to respond to
HIPAA Privacy Withstands Attack: Did you know that, not only has the U.S. Court ofAppeals for the Fourth Circuit, in South Carolina Medical Association v. Thompson,
HIPAA Privacy Withstands Attack: Did you know that, not only has the U.S. Court of Appeals for the Fourth Circuit, in South Carolina Medical Association v.
Over the last several years, "defined contribution health plans" have surfaced as a meansof attempting to control the cost of employee health benefits. One form of these plans
Congress has recently expanded the Medicare Program to cover prescription drugs.However, while awaiting that action several states initiated their own prescription drug
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
Many individuals have carefully arranged for health care decisions to be made on theirbehalf in the event of their incapacity. These individuals have designated a close relative
