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OIG Telemedicine Fraud Alert

On July 20, 2022, the Department of Health and Human Services, Office of Inspector General (OIG) released a Special Fraud Alert entitled “OIG Alerts Practitioners To Exercise Caution When Entering

Maryland’s Aggressive Climate Legislation’s Impact on Providers

Every health care provider rents or owns the space in which they treat patients.

Did You Know? - Spring 2023

Buprenorphine: Did you know that the Consol-idated Appropriations Act, 2023 (CAA 2023) revoked the federal requirement that individual health care practitioners need to obtain an a

If You Play the Business Judgment Card, I’ll Play the Interested Director Card

The decisions of boards of directors in Maryland, including boards of directors of health care corporations, are generally entitled to the benefit of something called “the business judgment rule.”

MOBILE Health Care Act

With strong bipartisan support, Congress passed the Maximizing Outcomes through Better Investments in Lifesaving Equipment (MOBILE) Health Care Act at the end of 2022, which greatly expands the abi

HIPAA Update – Electronic Transmissions

On December 21, 2022, the Department of Health and Human Services (HHS) proposed a rule (Proposed Rule) that: would adopt new Health Insurance Portability and Account-ability Act (HIPAA) standards

HIPAA Update– Tracking Technologies

In December 2022, the Office of Civil Rights (OCR) issued a new bulletin warning Health Insurance Portability and Accountability Act (HIPAA) covered entities and business associates about the use o

Paid Family Leave Comes to Maryland

*The original version of this article can be found here.

Be Broad in Defining “Confidential Information”

Think broadly when considering how the term “Confidential Information” is defined in a confidentiality or nondisclosure agreement or clause.

Newest 2022 Survey of CFPB UDAAP Actions Released

We have updated our recurring article: A Survey of Activities Id

SCOTUS May Not Break the Internet, Yet

The Supreme Court may not be ready to readjust the internet just yet.

Maryland Legal Alert - February 2023

In This IssueCFPB Credit Card Late Fee ProposalFDIC Doubles Fines for Repeat RESPA Violations

Make Archival Copies of Software; The Law Usually Allows It

It is not an infringement of a copyright for the “owner of a copy of a computer program” to make a copy of the software for the purpose of having an archive to use if the origin

Copyright in A.I. and A.I. on Copyright: The Law and What A.I. Declares

Works created by artificial intelligence (A.I.) raise two core copyright questions: is the work an infringement, and is the work protectable? Some answers are easier than others, and what A.I.

Don't Go Offsides Using Your Sport's Team's Branding

Your football team has made the playoffs this year after a drought (Go Ravens!).

California (Cars) Here We Come (Part II)

As readers of my earlier memo California (Cars) Here We Come (Part I) know, Maryland is adopting the Advanced C

SECURE 2.0 Act Imposes New Rules on Retirement Plans

The SECURE 2.0 Act, embedded in the spending bill enacted in December 2022, imposes extensive new rules on pension, 401(k) and 403(b) plans.

Maryland Legal Alert - January 2023

In This IssueDC "Debt Collector" Provisions

Maryland Regulatory News

1. In October 2022, the Health Services Cost Review Commission (HSCRC) announced emergency regulations that place a moratorium on hospital applications for full rate reviews for 18

New MDPCP Tracks

As the Maryland Primary Care Program (MDPCP) pilot continues, the Maryland Department of Health announced planned expansions for the program that will go into effect in 2023.

ACO Changes for 2023

In November 2022, the Centers for Medicare and Medicaid Services (CMS) issued the Calendar Year 2023 Physician Fee Schedule final rule.  The final rule includes proposed changes to various Med

COVID-19 Misinformation

In September 2021, Tennessee’s Board of Medical Examiners adopted a statement that notified physicians who generate and spread COVID-19 vaccination misinformation or disinformation that they are “r

No Surprises Act—Final Rule

The No Surprises Act (NSA), effective January 1, 2022, generally protects patients from receiving unanticipated bills for emergency care rendered by providers who do not participate with the patien

New MarylandSaves Retirement Program

On September 15, 2022, Maryland launched the Maryland Small Business Retirement Savings Program.

Amendment to D.C. Ban on Non-Competes

Effective October 1st, 2022, the District of Columbia began implementing a new non-compete law that prohibits the use of non-compete clauses in newly signed employment agreements for many employees