Please ensure Javascript is enabled for purposes of website accessibility

Author Archives: Barry Rosen

Rosen & Kessler: New health care laws in Maryland

The Maryland General Assembly’s 2022 legislative session resulted in the enactment of many new health care laws that will impact health care facilities, providers and insurers in the State. Here are some of the highlights from the 2022 session. Value-based ...

Read More »

The ins and outs of no-poach provisions

No-poach provisions are agreements that prohibit one company from hiring another company’s employees. This article addresses whether no-poach provisions violate applicable antitrust laws, and more specifically, the conditions under which no-poach provisions are legal. No-poach provisions are often horizontal restraints; ...

Read More »

The No Surprises Act’s transparency rules for health plans

The federal No Surprises Act (NSA) generally protects patients from receiving large unanticipated bills for out-of-network care.  To implement the NSA, transparency rules have been issued that require self-insured and insured health plans to include deductibles and out-of-pocket maximums on ...

Read More »

Key health care provisions of the American Rescue Plan Act

One year ago, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) into law, and final rules implementing ARPA were issued in January of 2022. While ARPA is a broad piece of legislation, its key health care ...

Read More »

Rosen and Montanio: New Stark rules: Compensation and cybersecurity

The U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services (have issued new rules modernizing the Stark law. As discussed in a previous Daily Record column, the most transformative part of the rules, now in ...

Read More »

Rosen & Katz: No COVID-19 shield laws for Maryland

With the emergence of COVID-19, many businesses have carefully taken various precautions to prevent, where possible, viral exposures to their employees and customers. However, despite their good-faith efforts to prevent further infections, many employers and businesses now are concerned about ...

Read More »

Rosen and Montanio: New value-based Stark and anti-kickback rules

The U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services have issued new rules modernizing the Stark and anti-kickback laws. The rules, now in effect, update both laws to reflect the industry trend of encouraging ...

Read More »

Ending the federal antitrust exemption for health insurers

On Jan. 13, 2021, then-President Trump signed into law the Competitive Health Insurance Reform Act of 2020 (CHIRA), which repeals the McCarran Ferguson Act’s federal antitrust exemption for health insurers. The McCarran Ferguson Act, enacted in 1945, gave states the ...

Read More »

Rosen and Montanio: New rule on information blocking

When relying on a variety of different health care providers for care, patients frequently encounter challenges accessing their medical records or transferring information from one provider to another. Health care professionals encounter the same roadblocks when their practices transition to ...

Read More »