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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.

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)?