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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)?

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.