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Did You Know? Spring 2002

Solicitation of New Safe Harbors and Special Fraud Alerts: Did you know that HHS has solicited proposals for developing new, and modifying existing, safe harbor provisions under th

Health Care Workers Called To Military Duty

Health care workers, as well as other workers, have been called to military service because of the September 11 tragedies.

HIPAA Highlights Spring 2002

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

Disguised Dividends

Many physician groups routinely pay all of their profits to their owners at the end of each year as bonuses.

Physician-Shareholders Are Employees Under Employment Discrimination Laws

In Wells v. Clakamas Gastroenterology Associates, P.C., the U. S.

FMLA Leave, By Any Other Name, Is Still FMLA Leave

On March 19, 2002, the Department of Labor (DOL) regulations implementing the Family & Medical Leave Act (FMLA) were dealt another blow.

Employers Should Update Anti-Harassment Policies and Practices

We recommend that all employers periodically review and update their anti-harassment policies and provide training to their employees on workplace harassment issues.

Entities that Submit Compliance Plan by October 1, 2002 Granted One-Year Extension of Deadline for Transaction Standards

The HIPAA Administrative Simplification transaction standards that were issued in 2000 required compliance by October 16, 2002.

Covered Employers are Required to Post OSHA 200 Log in February

As discussed in a previous Bulletin, New OSHA Record-Keeping Requirements (December, 2001), major revisions to the record keeping requirements under the Occupational Safety and Health Act be

Hazardous Waste Regulation and the Health Care Provider

Health care providers generate hazardous waste, and they face serious liability if they do not handle and dispose of that waste properly.

Choice of Entity for Multi-Disciplinary Practices

The Maryland Professional Service Corporation Act permits physicians, chiropractors, dentists, osteopaths, podiatrists and psychologists to practice in corporate form through a "professional servic

Charging for Copies of Medical Records

There is much confusion as to whether a Maryland health care provider may or may not charge a patient for copying his or her medical record, upon the request of the patient.

Did You Know Winter 2001

New Name for HCFA: Did you know that the Health Care Financing Administration, commonly known as HCFA, is now known as the Centers for Medicare & Medicaid Services (CMS)?

Future Heirs Beware

As discussed in detail in the Fall edition of TOPICS, the Economic Growth and Tax Relief Reconciliation Act of 2001 (the 2001 Act) significantly reduces the amount of federal estate taxes payable u

What's New in Stark II

January 4, 2001, "Phase I" of the long-awaited and continually postponed Stark II regulations were released.

Maryland Regulatory News Winter 2001

The Governor has appointed Lynn Etheridge, a health care consultant, and Dr.

Technology Transfer Agreements; Don’t Be an Amateur

It used to be that Olympic athletes competed only for the love of the game, unconcerned about professional and commercial success.  So too, it used to be that university professors and governm

When Is A Commission Due?

The Maryland Court of Special Appeals, in a decision issued on December 4, 2001, held that Maryland's Wage Payment & Collection Act prohibits an employer from conditioning payment of a commissi

Employer Obligations Regarding Employees Called to Duty in Uniformed Services

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C.

Truth in Lending Problems for Maryland Lenders

A troubling court decision has come home to roost for Maryland creditors. Maryland creditors should review their TILA forms and procedures.

No Investigation Without Representation

On November 2, 2001, the U.S. Court of Appeals for the D.C. Circuit issued a decision in Epilepsy Foundation v.

New OSHA Record-Keeping Requirements

Changes to the Occupational Safety and Health Administration (“OSHA”) record-keeping requirements will become effective January 1, 2002.

Accord and Dissatisfaction!

Wickman V. Kane, 136 Md. App. 554, 766 A.2d 241 (2001)Holding:

California Dental Associations' Advertising Restrictions Live On

Earlier this year, the California Dental Association (CDA) prevailed in its 8 year battle with the Federal Trade Commission (FTC) over CDA's advertising guidelines.

Estate Planning for Physicians

A version of this article was published in The Daily Record on October 15, 2001.