Ober|Kaler

Fee-Shifting Corporate Bylaws: What's the Law in Maryland?

In May 2014, the Supreme Court of Delaware held that a non-stock corporation could enact bylaws that could force a shareholder to pay the corporation’s legal fees, costs, and expenses if the shareholder sues the corporation and…more

Bylaws, Fee-Shifting, Fee-Shifting Statutes, Shareholder Litigation, Shareholders

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Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the…more

Automotive Industry, Automotive Loans, Canada, Cars, Leases

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WHITE PAPER: .bank is here!

A white paper from OBER/KALER describing what you need to know about .bank - Sunrise is on the horizon for .bank. A new Internet land rush begins mid-2015 for websites bearing the extension .bank, the financial world’s…more

.bank, gTLD, ICANN, Online Banking, Trademarks

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WHITE PAPER: .bank is here!

A white paper from OBER/KALER describing what you need to know about .bank - Sunrise is on the horizon for .bank. A new Internet land rush begins mid-2015 for websites bearing the extension .bank, the financial world’s…more

.bank, gTLD, ICANN, Online Banking, Trademarks

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Ober|Kaler's Construction Group Helps Client Win Bid Protest in Connecticut and Secure $153,000,000 Public Works Contract

Joseph C. Kovars and Jackson B. Boyd of Ober|Kaler's Construction Group recently helped a client win a bid protest in Connecticut and secure a contract worth over $153,000,000 to improve and expand a water pollution control…more

Bid Protests, Bids, Construction Contracts, Invitation for Bids (IFB), Public Works

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Social Media Compliance Issues for Community Banks

Andy Campbell presented “Social Media Compliance Issues for Community Banks,” a look at the benefits and risks for banks cultivating a social media presence. Andy’s presentation included discussion of: - regulatory…more

Banks, Community Banks, Compliance, FFIEC, Social Media

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Virginia General Assembly Addresses Fourth Circuit Decision to Uphold Statutory Cap on Recovery by Public Works Contractors for Changed Work

In Carnell Construction Corp. v. Danville Redevelopment & Housing Authority, 745 F.3d 703 (2014), the United States Court of Appeals for the Fourth Circuit upheld the trial court’s ruling that, without government approval, the…more

Change Orders, Construction Contracts, Damage Caps, Modification, Proposed Amendments

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Two Laboratories Settle Claims Regarding Specimen Processing Fees

Continuing the scrutiny of laboratory arrangements with referring physician practices, the United States Department of Justice (DOJ) recently announced the settlement of False Claims Act allegations against two cardiovascular…more

Corporate Integrity Agreement, DOJ, False Claims Act, Laboratories, OIG

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Medicare Access and CHIP Reauthorization Act: Paving the Way for Broader Gainsharing Activities

On April 16, 2015, President Obama signed into law H.R.2, the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), a critical piece of health care legislation which represents significant movement towards a health care…more

CHIP, Civil Monetary Penalty, Gainsharing, HHS, Hospitals

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Fee Policies for Missed Appointments

Providers may charge for missed appointments, but… Policies for missed-appointment fees must be clear and conspicuously posted, and are best acknowledged in writing by practice patients. However, when charging a Medicare…more

CMS, Disclosure Requirements, Fees, Healthcare, Medicare

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Challenge to DSH Adjustment Estimates Barred by Statute

In a decision issued on March 31, the United States District Court for the District of Columbia dismissed a challenge by Florida Health Sciences Center, Inc., also known as Tampa General Hospital, to the calculation of its…more

Affordable Care Act, CMS, DSH, DSH Adjustments, Hospitals

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Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition…more

Construction Industry, Contract Disputes, Court of Federal Claims, FAR, Federal Acquisition Regulations

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Medigap Deductible Discount Proposal Approved by OIG

The Office of Inspector General (OIG) recently issued Advisory Opinion 15-03 and concluded that a licensed provider (the Requestor) of Medicare Supplemental Health Insurance (Medigap) would not be sanctioned under the civil…more

Anti-Kickback Statute, CMP Law, Hospitals, Medicare, Medicare Part A

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What Employers Need to Know - Requests for Medical Information and the Genetic Information Nondiscrimination Act: Avoiding a Hidden Pitfall

The Genetic Information Non-discrimination Act took effect in November 2009. It should also be noted that many States, including Maryland, have separate statutes prohibiting the acquisition of genetic information and…more

Discrimination, EEOC, Employer Liability Issues, Genetic Materials, Genetic Testing

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Comparison of Maryland Trust Act to Current Maryland Law and the Uniform Trust Code

To incorporate the Maryland Trust Act (“MTA” or “Act”) into Maryland law, the Act is added as new Title 14.5 of the Estates and Trusts Article, with ten subtitles. Existing Title 14, Subtitle 1 of the Estates and Trusts Article…more

Maryland Trust Act, Uniform Trust Code

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Medigap Insurer's Contract with Preferred Hospital Network Approved (Yet Again)

On April 22, 2015, the Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 15-05 [PDF], approving a Medigap insurer’s proposed contract with a preferred hospital network. The OIG’s…more

CMP Law, Health Insurance, HHS, Hospital Networks, Medicare

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CMS Issues DSH Ruling 1498-R2

CMS recently issued Ruling 1498-R2 (Ruling), dated April 22, 2015, amending its 2010 Ruling 1498-R. The new Ruling addresses the calculation of the Medicare fraction of the disproportionate share hospital (DSH) adjustment for…more

CMS, DSH Adjustments, MACs, Medicare, Medicare Part A

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Small Business Securities Bulletin: SEC Proposed Pay-Versus-Performance Disclosure Rules

A periodic bulletin keeping small businesses informed about current developments in securities law and related matters. As required by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and…more

Disclosure Requirements, Executive Compensation, Pay-for-Performance, Proposed Amendments, SEC

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CMS Retracts Hospice Preauthorization Requirements for Part D Drugs

On July 18, CMS released new guidance retracting a major portion of its controversial preauthorization requirement for hospice beneficiaries. The new guidance supersedes portions of the March 10, 2014 guidance [PDF] that…more

CMS, Healthcare, Hospice, Medicare, Medicare Part D

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Pricing Issues Affecting Laboratories

Craig Holden co-presented "New Compliance Red Flags Workshop," a workshop hosted by G2 Intelligence. Over the past five years, the Departments of Justice and Health and Human Services have recovered $19.2 billion from…more

Affordable Care Act, Anti-Kickback Statute, Clinical Laboratories, Compliance, DOJ

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The Pitfalls of Settling Qui Tam Lawsuits

In a recent federal court case, the federal government and the State of California successfully enforced an oral settlement agreement of a qui tam lawsuit against a health care provider. United States v. North East Medical…more

Administrative Remedies, False Claims Act, Managed Care Contracts, Medicaid, Qui Tam

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Prime Contractors Beware: Small Business Means Small Business

As of August 15, 2013, prime contractors on federal projects must take on increased responsibility and accountability for hiring small business subcontractors. The U.S. Small Business Association (SBA) has implemented certain…more

Contractors, SBA, Small Business

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Specialty Pharmacy Per-fill Fee Rejected by OIG

On August 15, 2014, the U.S. Department of Health & Human Services, Office of Inspector General (OIG) issued a “negative” opinion regarding a specialty pharmacy’s proposal to pay a per-fill fee to local pharmacies for support…more

Anti-Kickback Statute, Fraud and Abuse, HHS, OIG, Patient Referrals

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New and Improved RACs

During the CMS Hospital/Quality Initiative Open Door Forum call on February 24, 2015, CMS issued a 4-page document summarizing the improvements it has implemented to the RAC program. CMS introduced 20 changes to address concerns…more

CMS, Health Care Providers, Hospitals, RACs, Transparency

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Maryland Changes Rules for Enforcement of Rights and Remedies Under Loan Documents Secured by Residential Property

The Maryland General Assembly has enacted legislation (House Bill 274/Senate Bill 708) that significantly impacts secured lenders’ rights to enforce financing documents secured by residential property. The legislation -- which…more

Lenders, Loan Documentation, Loans

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Letters of Intent: What Do They Really Do?

A construction project usually contains a web of contractual relationships, such as between owner-contractor, contractor-subcontractor, subcontractor-supplier, owner-architect, architect-engineer, and so forth. To make things…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Letter of Intent

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CMS Releases Proposed IPPS Rule

On April 17, 2015, CMS released a copy of its proposed changes and updates to the Medicare inpatient prospective payment system (IPPS) for fiscal year 2016. The official version appears in the April 30th Federal Register, and…more

BPCI, CMS, Disproportionate Share Adjustments, EHR, Hospitals

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Maryland Court Affirms that Unpaid Recordation Tax on Indemnity Deed of Trust is not an Obligation of Beneficiary

In good news for foreclosing lenders in Maryland, the Circuit Court for Howard County has affirmed a Maryland Tax Court Memorandum and Order concluding that the recordation tax payable on an indemnity deed of trust ("IDOT")…more

Beneficiaries, Indemnity Deed of Trust, Property Tax, Recordation Taxes, Tax Exemptions

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State Action Doctrine Tested by Supreme Court for Second Time in Two Years

After nearly two decades of silence on the state action doctrine, on October 14, 2014, the United States Supreme Court heard oral argument in the Court’s second case on the subject in two years: The North Carolina Board of…more

FTC, Market Participants, NC Board of Dental Examiners v FTC, Oral Argument, SCOTUS

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Medicare Access and CHIP Reauthorization Act: Paving the Way for Broader Gainsharing Activities

On April 16, 2015, President Obama signed into law H.R.2, the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), a critical piece of health care legislation which represents significant movement towards a health care…more

CHIP, Civil Monetary Penalty, Gainsharing, HHS, Hospitals

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Medigap Insurer's Contract with Preferred Hospital Network Approved (Yet Again)

On April 22, 2015, the Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 15-05 [PDF], approving a Medigap insurer’s proposed contract with a preferred hospital network. The OIG’s…more

CMP Law, Health Insurance, HHS, Hospital Networks, Medicare

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OIG Nixes Arrangements Involving Free Tests

Labs Attempt to Counter Exclusive Lab Arrangements - With increasing frequency, clinical laboratories have found themselves unable to receive any payments for tests performed for individuals whose third-party insurer…more

Alternative Fee Arrangements, Anti-Kickback Statute, Clinical Laboratories, Laboratories, Medicaid

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Anatomy of a Provider-Merger Antitrust Challenge (Part 6)

This is the concluding installment of a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for…more

Affordable Care Act, Antitrust Violations, Competition, FTC, Healthcare

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Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the…more

Automotive Industry, Automotive Loans, Canada, Cars, Leases

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New Federal Health Care Facility Regulations Could Mean More Construction Work

On April 16, 2014, the Centers for Medicare & Medicaid Services (CMS), an agency of the U.S. Department of Health and Human Services, published proposed rules that would amend the fire safety standards for hospitals, long-term…more

CMS, Construction Contracts, Construction Workers, Contractors, Healthcare

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Guidance, Not Regulations, Expected for 340B Drug Pricing Program

The long-awaited 340B “mega rule,” promised by the Health Resources and Services Administration (HRSA) to be published last summer, has now been officially nixed. HRSA recently announced that it will not release the “mega-rule,”…more

340B, HRSA, New Guidance, Prescription Drugs

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OIG Approves Free Diapers and Playpen in Connection with Medicaid Program Promoting Pre- and Post-Natal Care

On January 26, 2015, the U.S. Department of Health & Human Services, Office of Inspector General (OIG) issued an advisory opinion approving an entity’s practice of advertising and providing free diapers and free portable playpen…more

Advertising, Advisory Opinions, Anti-Kickback Statute, Children's Products, Civil Monetary Penalty

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New Baltimore City Law Limits Employee Criminal Record Checks: How Health Care Employers Are Affected

Effective August 13, 2014, certain Baltimore City employers will be restricted from asking applicants and employees about their criminal history. However, many health care employers will be exempt from this new law either…more

Assisted Living Facility, Background Checks, Ban the Box, Criminal Background Checks, EEOC

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FATCA – 2013 and Beyond

Tax lawyer Stuart Schabes co-presented “FATCA – 2013 and Beyond” at The Perfect Storm: US Tax Legislation and IRS Compliance 2013, a program hosted by Philip Stein & Associates and ERM. The discussion included: -…more

Bilateral Agreements, Compliance, Enforcement, EU, FATCA

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Commercial Real Estate Sellers - Ten Additions to a Buyer's Contract

When a seller and a buyer agree upon the terms for the sale of a commercial property the next step is often for the buyer to prepare the first draft of a Contract, which embodies those terms, as well as other customary…more

Commercial Real Estate Market, Contract Drafting, Purchase Agreement, Real Estate Transfers

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Fee-Shifting Corporate Bylaws: What's the Law in Maryland?

In May 2014, the Supreme Court of Delaware held that a non-stock corporation could enact bylaws that could force a shareholder to pay the corporation’s legal fees, costs, and expenses if the shareholder sues the corporation and…more

Bylaws, Fee-Shifting, Fee-Shifting Statutes, Shareholder Litigation, Shareholders

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OHCQ Mandates Submission of Policies on Resident Access to Medical Records

Maryland nursing homes must submit their policies and procedures for resident access to and requests for medical records to the Maryland Department of Health and Mental Hygiene's Office of Health Care Quality (OHCQ) by February…more

Department of Health, Nursing Homes, Policies and Procedures, Reporting Requirements

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Worthless Services Investigations and Settlements: The Enforcement Trend Continues

In recent years, state and federal governments have shown their willingness to criminally pursue skilled nursing home owners and operators for allegedly administering “worthless” or substandard quality of care to their…more

Compensatory Damages, Criminal Prosecution, DOJ, Enforcement Actions, False Claims Act

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Good Governance for General Counsel: What Your Board Needs to Know Now

A host of regulatory and finance reforms have ushered in significant changes for health care entities, and likewise, for the boards that guide them. How can general counsel broach these changes with their boards and steer…more

Affordable Care Act, Board of Directors, Compliance, Conflicts of Interest, Corporate Counsel

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Selected CMS Guidance for Billing for Skilled Nursing Facility Services

Skilled nursing facilities (SNFs) should take note of the updates and clarifications set forth in Medlearn Matters article 8997, issued by the CMS on March 13, 2015. Medlearn Matters article 8997 updates the chapters in the…more

Billing, CMS, Medicare, Medicare Benefit Policy Manual, Medicare Claims Processing Manual

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Open Season on Provider-controlled Licensing Boards

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015),…more

Administrative Procedure Act, Antitrust Litigation, Dentists, FTC, Immunity

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Does the 72-Hour Rule Allow a Contractor in Maryland to Fix a Mistake in its MBE Participation Schedule After Bid Opening?

A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts…more

72-Hour Rule, Bid Protests, Bids, Board of Contract Appeals, Construction Contracts

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OIG Calls PODs "Inherently Suspect"

Making its most strongly worded statement to date, the Department of Health and Human Services Office of Inspector General (OIG) issued a Special Fraud Alert on Physician-Owned Entities on March 26, 2013, calling physician-owned…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Client Referrals, Fraud, Healthcare

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New Clarifications Affect Physician and Hospital Medicare Part B Billing for Services Provided by Nursing and Other Staff "Incident to" Physician's Services

CMS recently released rules changing the requirements for Medicare coverage of services furnished incident to a physician’s, NP’s, or PA’s services. Howard Sollins, Donna Senft and Susan Turner explain the effect of the changes…more

CMS, Healthcare, Medicare, Medicare Part B, New Regulations

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Think You Are Covered By An Additional Insured Endorsement? Recent Opinion Serves as a Reminder to Read the Coverage Language

The United States Court of Appeals for the Fifth Circuit issued an opinion this month that should serve as a reminder to prime contractors to review the coverage granted to them as additional insureds on their subcontractors’…more

Additional Insured Endorsements, Commercial General Liability Policies, Construction Defects, Contractors, Due Diligence

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Expedited Licensure Process Supports the Continued Growth of Telemedicine

All signs show that the use and acceptance of telemedicine within the health care industry is growing. Until recently, state medical boards were not as quick to support the provision of medical services across state lines…more

Interstate Medical Licensure Compacts, Nurses, Physicians, Professional License, Special Licenses

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Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition…more

Construction Industry, Contract Disputes, Court of Federal Claims, FAR, Federal Acquisition Regulations

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A New Sheriff in Town: Federal Trade Commission Enforcement of Medical Information Security

A recent court decision found that the Federal Trade Commission (FTC) has authority to enforce the requirements for security of Protected Health Information, or PHI, as defined under the Health Information Portability and…more

Data Protection, EHR, FTC, Healthcare, LabMD

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Contact

100 Light Street
Baltimore, MD 21202, United States

  • 410.685.1120
  • 410.547.0699

Practice Groups
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
See more
Locations
Other U.S. Locations
  • D.C.
  • Virginia
Number of Attorneys

100+ Attorneys

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