Mid-Atlantic Health Law TOPICS

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Did You Know? Fall 2000

Outpatient Do Not Resuscitate Orders: Did you know that Maryland health care providers, other than certified/licensed emergency medi­cal (EMS) personnel, may now provide, withhold or withdraw, treatment in accordance with an outpatient EMS "Do Not Resuscitate Order" (DNR), if the health care provider sees either a EMS/DNR order or a valid, legible and patient-identifying EMS/DNR bracelet? Previously, only certified or licensed emergency medical services personnel could implement a EMS/DNR order in Maryland.

Anti-Kickback: Did you know that just because the Justice Department does not pursue a. kickback case, the targets are not necessarily off the hook? DHHS plans to review kickback cases passed on by the Justice Department and may use its civil monetary penalty (CMP) authority in that regard. Though violators may avoid criminal sanctions, they may not be able to escape aggressive enforcement of admin­istrative penalties.

UBIT: Did you know that the IRS announced in a private letter ruling that the lease of unused space by a charitable teaching hospital to an unrelated charitable rehabilitation hospital does not constitute an unrelated trade or business within the meaning of the IRS Code and conse­quently, will not result in debt-financed taxable income within the meaning the Code? The ruling is significant since many charitable hospitals are currently operating below their licensed bed capacity, and as such are looking for alternative uses for excess space.

Robin]. Siegel
410-576-4166 •
rsiegel@gfrlaw.com

Date

September 12, 2000

Type

Publications

Teams

Health Care