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Author Archives: Barry Rosen

Corrections after 2010 can be costly

Editor’s Note: Click here for Part 1 of this column. Although an employer may correct any of the specific failures outlined in the notice at any time, special transition relief is available for corrections made by Dec. 31, 2010. If ...

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It’s time to correct those 409A mistakes

Many hospital administrators, doctors and others have severance or other deferred compensation arrangements. Unfortunately, many of these arrangements may inadvertently violate something called Section 409A of the Internal Revenue Code, because they were created before 409A came into existence or ...

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Avoiding the shoals of retroactive denials

In the health care reimbursement arena, there are two opposing interests.  On the one hand, providers deserve to be paid promptly for services performed.  For that reason, laws require payors to pay claims within a certain amount of time. On ...

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Md. adopts telemedicine regulations

Last year, the secretary of the state Department of Health and Mental Hygiene adopted regulations for the practice of telemedicine in Maryland. Among other things, the regulations require a physician to be fully licensed in Maryland if the physician practicing ...

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A mix of health care laws enacted

Some sessions of the Maryland General Assembly give birth to innovative health care reforms. Other sessions fill gaps and refine health care concepts. While the 2010 session has some examples of innovative reforms and gap fillers, it also has some ...

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Informed consent clarified, extended

Last year, in McQuitty v. Spangler, the Maryland Court of Appeals held that a physician is liable to his patient for harm that results from the physician’s failure to disclose the material risks and benefits of a proposed treatment or ...

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What if the HSCRC set doctors’ rates?

In the wake of Congress’ landmark legislation that provides health care to many of the nation’s uninsured, it should be remembered that Maryland has been successfully providing hospital services to the uninsured for 30 years. Amid all of the angst ...

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Rehab facility dooms center’s tax exemption

The Connecticut Supreme Court recently considered the question of whether a skilled nursing facility operated by a charitable organization, that provides both long-term chronic care and short-term rehabilitative services, is entitled to a property tax exemption. St. Joseph’s Living Center, ...

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Entities covered by HIPAA have new notification path

Effective Sept. 23, entities covered by the Health Insurance Portability and Accountability Act (HIPAA) must follow different notification paths to mitigate the effects of a security breach, depending upon whether the breach involves “secured” or “unsecured” protected health information (PHI). ...

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Ark. ruling may impact economic credentialing

Earlier this year, in Murphy v. Baptist Health, a case hailed as a victory for the preservation of the patient-physician relationship, the Arkansas Circuit Court of Pulaski County permanently enjoined Arkansas’s largest hospital system from enforcing its economic credentialing policy. ...

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