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Maryland Legal Alert - May 2006

FINAL ACTION DELAYED ON MONTGOMERY COUNTY LENDING DISCRIMINATION LAW

Continue Pre-July 1, 2001 UCC Financing Statements Before June 30, 2006...or Lose Perfection

UCC financing statements filed in Maryland (and most other states) before July 1, 2001 that expire June 30, 2006, or later, MUST be continued by filing a continuation statement in the appro

2006 Maryland Laws Update

The 2006 session of the Maryland General Assembly adjourned on April 10 and the Governor held his last bill signing session May 26, but declined to sign many bills and instead permitted them to bec

Trustees Foreclosing on Real Property May be Debt Collectors

Wilson v. Draper & Goldberg, P.L.L.C., 2006 U.S. App. LEXIS 8243 (4th Cir. April 5, 2006)Some bad facts

Maryland Mortgage Loan Originators Must be Licensed (Registered) by January 1, 2007

Chapter 590 of the 2005 Laws of Maryland (introduced as HB 1040) establishes a new licensing regime for mortgage loan originators who work for some Maryland-licensed mortgage brokers and lenders.

Summary of Montgomery County Council Bill 36-04

Montgomery County Council Bill 36-04 entitled Commission on Human Rights - Discrimination in Housing Amendments was introduced by Montgomery County Council President Perez and Council Members Subin

Medical Directors: A Good Job to Have, But You Better Do A Good Job

Medical directors of nursing facilities in Maryland have a "good job," but now the Centers for Medicare and Medicaid Services (CMS) is trying to ensure that these medical directors actually "do a g

Medicare Part D-Join Now or Pay Later

Medicare Part D - Medicare's first prescription drug program-became effective on January 1, 2006. The benefit is available to anyone who is eligible for Medicare.

PSQIA: On Your Mark, Get Ready, Stop

On July 29, 2005 President Bush signed the Patient Safety & Quality Improvement Act of 2005 (PSQIA).

Fraud-Busting 'MEDICs'

In the past, if you heard the word MEDIC, you likely thought of Radar O'Reilly or Klinger from M*A*S*H.

Back to the Future - Are Tax-Exempt Hospitals Headed for 1968?

By virtue of their charitable status, almost every hospital in Maryland enjoys exemptions from federal, state and local taxes.

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.