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New Maryland Legislation - Summer 2005

The 2005 Maryland General Assembly Session turned out to be a very busy, a very reactive and a very creative Session in regard to health care, with several truly novel laws being enacted.

Testimony Preparation

Health care providers, administrators and insurers often find themselves testifying before regulatory bodies or otherwise being questioned under oath, for example, in a deposition.

The Six Sources of Fair Market Value

The federal Stark law prohibits physicians from referring patients to entities in which they have an ownership interest or with which they have a compensation relationship.

Supreme Court Gives Thumbs Up to Document Retention Policy in Arthur Andersen Case

In a unanimous decision, the Supreme Court overturned the conviction of Arthur Andersen for destroying Enron-related documents.

2005 Maryland Laws Update

Bank Robbery Increased PenaltiesHB 663 - Chapter 567 (effective June 1, 2005)

Commercial Leases: Frequently Negotiated Provisions, Maryland Institute for Continuing Professional Education of Lawyers (MICPEL)

Bill Shaughnessy presented for the Maryland Institute for Continuing Professional Education of Lawyers (MICPEL).

Did You Know? Spring 2005

HIPAA and Advanced Directives: Did you know that HIPAA may make it more difficult for the Agent that you have appointed under a Durable General Power of Attorney or an Advance Dire

Maryland Hospital Safety Initiatives

Last year was a big year for hospital safety initiatives in Maryland.

Trouble For Exclusive Contracts Between Hospitals and Doctors

Excluded doctors usually fail when they challenge exclusive contractual arrangements between hospitals and other doctors. However, two recent cases are clear exceptions to this rule.

When Is An Operating Room Not An Operating Room

When is an operating room not an operating room? When it is a "procedure room." For the owners of ambulatory surgery centers in Maryland, this distinction can make a world of difference.

Beyond Brand X - Using Another’s Trademark in Your Own Advertising

What do Budweiser, John Deere, The Energizer Bunny, Pebble Beach and Christian Dior have in common? Nothing.

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.

Did You Know? Winter 2004

Medicaid Mental Health Services. Did you know that the Maryland General Assembly passed legislation in 2004 that prohibits the Secretary of the Department of Health and Mental Hygi

Medical Staffs and Hospital Boards Clash Over Control

After poor care and fraud, the worst sin of hospital governance is for a hospital board to go to war with its medical staff. It is, therefore, surprising how relatively often such battles arise.

OIG Supplemental Compliance Program for Hospitals

On June 8, 2004, the Office of the Inspector General (OIG) issued a Draft Supplemental Compliance Program for Hospitals.

Subrogation: 'Don't Ask, Don't Tell'

In Maryland, people injured by a negligent driver or by another negligent party are entitled to recover the cost of their medical treatment from the negligent party.

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:

Did You Know? Fall 2004

Retirement Assets Protected: Did you know that creditors cannot reach the qualified retirement plan assets of a solo practitioner?

HMOs Shield From State Malpractice Suits

This Summer, the U.S. Supreme Court held, in Aetna Health Inc. v.