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Did You Know? Spring 2006

Duty to an HIV-Positive Employee's Spouse: Did you know that Maryland's highest appellate court recently decided that an employer had no duty to an employee's spouse either to test

Deferred Compensation Arrangements: What To Do Before 12/31/06

To combat abusive compensation practices such as those perpetrated in recent years by high-profile companies and their executives, Congress added a new Section 409A to the Internal Revenue Code.

U.S. Supreme Court Decision in Medimmune v. Genetech (Reverse Licensing Payments)

George Ritchie presented on the webcast entitled, "U.S. Supreme Court Decision in Medimmune v. Genetech (Reverse Licensing Payments)."

SEC Imposes New Disclosure Requirements for 10-K and 10-Q Filings

Effective December 1, 2005, the SEC now requires that public companies filing Annual Reports on Form 10-K discuss their most significant risk factors in a new item of the Form 10-K and that these r

Federal Bank Regulatory Agencies Adopt Post-Termination Employment Restrictions for Their Senior Examiners

Effective December 17, 2005, the federal bank regulatory agencies finalized rules prohibiting their officers and employees from accepting compensation as an officer, an employee, a director or a co

Adoption of a Formal Email Policy

It is undeniable that email has revolutionized modern business. Organizations have ceased filling their files with paper correspondence, and now conduct most of their business via email.

Amending Business Associate Agreements to Comply with Security Rule

Health care providers that transmit health information in electronic form, large health plans (those with over $5,000,000 in premiums or claims) and billing clearinghouses were required to comply w

Did You Know? Winter 2005

Emergency Room Time and Triage Data Discovery: Did you know that an Illinois appellate court recently decided that triage acuity designations and time data related to patient treat

Liability for Business Associate's HIPAA Violation

On April 18, 2005, the Department of Health and Human Services (HHS) issued proposed regulations that clarify the liability of a covered entity (health care providers that transmit health informati

Wisconsin Court Strikes Down Medical Malpractice Cap

Opponents of medical malpractice tort reform won a victory earlier this year when Wisconsin's highest court struck down that state's statutory cap on non-economic damages in medical malpractice cas

When is Too Big Too Big?

Two recent cases demonstrate that the maintenance or attempted acquisition by health care providers of too large a market share may lead to antitrust challenges.

Maryland Regulatory News Winter 2005

1. In September, the Maryland Health Care Commission (MHCC) released the 2005 Maryland Ambulatory Surgery Provider Directory.

National Provider Identifier Number

Health care providers may now apply for a National Provider Identifier (NPI) number, the new identifier to be used in standard electronic health care transactions.

Maryland Social Security Number Law is Effective January 1, 2006 - Are You in Compliance?

Maryland's Social Security Number Privacy Law, HB 56 - Chapter 521, is effective January 1, 2006.

Baltimore Waterfront and Transportation Hub Development

Michael Powell and David Fishman spoke at the Baltimore Waterfront and Transporation Hub Development Conference, which was held at Pier 5 Hotel.Other speakers included:

Choosing an Electric Supplier: A Primer

Eighteen states have opted for electric utility deregulation, induding most of the states in the northeast from Virginia to Maine, and all of the mid-Atlantic.

Did You Know? Fall 2005

Hospital's Failure to Inform Patients of Doctor's Prior Lawsuits: Did you know that a Michigan court recently ruled that the failure of a hospital to inform a patient of the patien

Thumbs Up To Document Retention Policies In Arthur Andersen

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

Subpoenas For Medical Records--How The Rules Have Changed

Health care providers are often confronted with subpoenas or other legal requests to produce the medical records of their patients.

Medical Marijuana

During the last decade, California and a number of other states, including Maryland, have passed laws legalizing or otherwise protecting the use of marijuana for medical purposes.

More Q & A On Medical Magnets

The Maryland Self-Referral law prohibits health care providers, including physicians, from referring patients to a health care entity in which the referring provider has a financial interest.

Payment For The Treatment Of Illegal Immigrants

Health care providers are often called upon to treat individuals before learning much about the individual.

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.