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Author Archives: Barry Rosen

Stopping recoupment of Medicare overpayments (access required)

Under federal law, health care providers that want to contest the government’s recoupment of Medicare overpayments, or a termination of their Medicare provider agreement, must exhaust their administrative remedies within the Medicare bureaucracy before going to court. Unfortunately, due to ...

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Two-room ambulatory surgery facilities (access required)

Effective Jan. 15, 2018, the Maryland Health Care Commission has created a process for establishing an ambulatory surgery facility (ASF) with two operating rooms through an exemption from the certificate of need review. By creating a less onerous process for ...

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Marijuana:  Here come the feds? (access required)

Immediately after the first legal medical marijuana dispensaries opened in Maryland in December, the Trump administration issued a memo reversing Obama-era policy that allowed states to determine their marijuana rules largely without interference from federal prosecutors. The potential for renewed ...

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New requirements for informed consent (access required)

Two recent state court decisions indicate that the burden for patients receiving sufficient information to give informed consent remains squarely with physicians, even as more medical services are being provided by non-physicians, including nurse practitioners and physician assistants. Shinal v. ...

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Lengthening and liberalizing contracts with tax-exempt entities (access required)

Health care organizations that qualify for tax-exempt status under Internal Revenue Code Section 501(c)(3) are able to issue tax-exempt bonds to finance the construction of a health care facility. To protect against such bonds becoming taxable bonds, a health care ...

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Maryland’s new health care laws (access required)

Another Maryland legislative session is in the books, and many recently enacted laws will affect both Maryland health care providers and Maryland health insurers. Here is a summary of some legislative highlights of the 2017 session. The opioid epidemic Tackling ...

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