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, 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

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

gTLD, ICANN, Online Banking, Trademarks

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The Ritual of Renewal on Opening Day

The ritual of renewal that is Opening Day can be both transformative and defining. While it offers the opportunity for a new beginning, it is also invites reflection as to where we have been and where we are headed. And that…more

Baseball, Race Discrimination, Segregation

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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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Stark Updates Included in Final 2016 Physician Fee Schedule

With the final Medicare physician fee schedule (PFS) for 2016, the Centers for Medicare and Medicaid Services (CMS) has made a series of updates to the Stark physician self-referral regulations. The final rule is largely similar…more

CMS, Physician Fee Schedule, Physician Recruitment Agreement, Physician-Owned Hospitals, Stark Law

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CMS Releases the 2016 OPPS Proposed Rule

On July 15, CMS published its proposed policy changes, quality provisions, and payment rates for 2017 as they relate to the Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC)…more

Ambulatory Surgery Centers, CMS, EHR, Electronic Health Record Incentives, OPPS

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Board of Physician Reporting Requirements of Physician Privilege and Employment Changes

Attached is an annotated version of a letter I sent to the Board of Physicians (Board) regarding its proposed new regulations on mandatory hospital (and other healthcare facilities) reporting of any changes in privileges and…more

Adverse Action Report, Board of Physicians, Disciplinary Proceedings, Healthcare Facilities, Hospital Privileges

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Bankruptcy Courts Lack Subject Matter Jurisdiction Over Medicare Issues, Eleventh Circuit Rules

In a detailed opinion that likely constitutes the last word on the matter, the Eleventh Circuit recently held in Fla. Agency for Health Care Administration v. Bayou Shores SNF, LLC that bankruptcy courts lack jurisdiction over…more

Appeals, Bankruptcy Court, CMS, Contract Termination, Exclusive Jurisdiction

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OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness…more

Administrative Procedure Act, Anti-Retaliation Provisions, Arbitrary and Capricious, Delays, DOL

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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, Federal Acquisition Regulations (FAR), Federal Contractors

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Final 60-day Overpayment Rule

On February 12, 2016, CMS published a final rule addressing compliance with Section 1128J(d) of the Social Security Act. Section 1128J(d), which was added when the Affordable Care Act was enacted on March 23, 2010, imposes a…more

CMS, Due Diligence, False Claims Act (FCA), Final Rules, Look-Back Measurement Period

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Summary of Major Provisions in the Proposed 2017 Physician Fee Schedule

The proposed Physician Fee Schedule for 2017 (PFS) includes several changes covering a litany of topics spanning from telehealth services to expanding the Diabetes Prevention Program Model. The following is a high-level summary…more

CMS, Medicare Access and CHIP Reauthorization (MACRA), Medicare Advantage, Medicare Shared Savings Program, Physician Fee Schedule

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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

Uniform Trust Code

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Senate Finance Committee Report Concludes Stark Law Change Is Necessary to Drive Health Care Reform

In its report, Why Stark, Why Now? [PDF], released June 30, 2016, the Senate Committee on Finance outlines suggested changes to the physician self-referral law, 42 U.S.C. § 1395nn, (the Stark law) in order to facilitate and…more

Alternative Payment Models (APM), CMS, Congressional Reports, Fraud and Abuse, Healthcare Reform

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Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with Virginia…more

Audits, Civil Monetary Penalty, Corporate Counsel, DOL, Employer Liability Issues

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CMS Releases the 2016 OPPS Proposed Rule

On July 15, CMS published its proposed policy changes, quality provisions, and payment rates for 2017 as they relate to the Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC)…more

Ambulatory Surgery Centers, CMS, EHR, Electronic Health Record Incentives, OPPS

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CMS Issues CY 2016 Final Rule for Hospital Outpatient and Ambulatory Surgical Center Policy and Payment Changes

On October 30, 2015, CMS issued its final policy changes, quality provisions and payment rates for the Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System for…more

Ambulatory Surgery Centers, CMS, Hospitals, OPPS, Outpatient Quality Reporting

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District Court Issues First Decision Interpreting ACA's 60-day Rule

The first case to interpret when the clock begins to run on the “60-Day Rule” did not go well for health care providers. On August 3rd, the Southern District of New York rejected defendants HealthFirst, Inc.’s and Continuum…more

60-Day Rule, Affordable Care Act, DOJ, False Claims Act (FCA), Hospitals

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Jury Sides with Defendant in Whistleblower's Suit Alleging Defendant "Caused" False Claims

Abbott Laboratories recently won a jury verdict in a high profile qui tam lawsuit alleging that Abbott “caused” health providers to submit false Medicare payment claims for off-label use of biliary stents. U.S. ex rel. Colquitt…more

False Billing, False Claims Act (FCA), Health Care Providers, Jury Verdicts, Medical Devices

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Summary of Major Provisions in the Proposed 2017 Physician Fee Schedule

The proposed Physician Fee Schedule for 2017 (PFS) includes several changes covering a litany of topics spanning from telehealth services to expanding the Diabetes Prevention Program Model. The following is a high-level summary…more

CMS, Medicare Access and CHIP Reauthorization (MACRA), Medicare Advantage, Medicare Shared Savings Program, Physician Fee Schedule

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Yet Again, OIG Approves Medigap Policy Contracts with Preferred Hospital Network

On March 11, 2016, the U.S. Department of Health & Human Service, Office of the Inspector General (OIG) issued an advisory opinion approving the use of a preferred hospital network as part of Medicare Supplemental Health…more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, Hospitals, Medicare

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Stark Updates Included in Final 2016 Physician Fee Schedule

With the final Medicare physician fee schedule (PFS) for 2016, the Centers for Medicare and Medicaid Services (CMS) has made a series of updates to the Stark physician self-referral regulations. The final rule is largely similar…more

CMS, Physician Fee Schedule, Physician Recruitment Agreement, Physician-Owned Hospitals, Stark Law

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Supreme Court's Four-to-Four Decision in Hawkins v. Community Bank of Raymore Leaves Open Question About Application of Equal Credit Opportunity Act to Spousal Guaranties of Commercial Loans

In its first evenly split vote since the death of Justice Scalia, the U.S. Supreme Court last week affirmed an Eighth Circuit Court of Appeals ruling in Hawkins v. Community Bank of Raymore that spouses who guarantee commercial…more

Commercial Loans, ECOA, Family Status Discrimination, Hawkins v Community Bank of Raymore, Real Estate Development

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FBAR Deadlines Not as Close as You Think: New Tax Bill's Language Points to 2017 as Likely Timetable

Thank you for your interest in the 5th Annual IRS Hot Topic Seminar held in Jerusalem in July. In continuing our efforts to provide timely and extremely important updates on tax matters affecting U.S. citizens and green card…more

C-Corporation, FBAR, Filing Deadlines, Foreign Bank Accounts, Income Taxes

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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, Letters of Intent

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Bankruptcy Courts Lack Subject Matter Jurisdiction Over Medicare Issues, Eleventh Circuit Rules

In a detailed opinion that likely constitutes the last word on the matter, the Eleventh Circuit recently held in Fla. Agency for Health Care Administration v. Bayou Shores SNF, LLC that bankruptcy courts lack jurisdiction over…more

Appeals, Bankruptcy Court, CMS, Contract Termination, Exclusive Jurisdiction

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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, Property Tax, Recordation Taxes, Tax Exemptions

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Senate Finance Committee Report Concludes Stark Law Change Is Necessary to Drive Health Care Reform

In its report, Why Stark, Why Now? [PDF], released June 30, 2016, the Senate Committee on Finance outlines suggested changes to the physician self-referral law, 42 U.S.C. § 1395nn, (the Stark law) in order to facilitate and…more

Alternative Payment Models (APM), CMS, Congressional Reports, Fraud and Abuse, Healthcare Reform

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OIG Permits Copayment Coupon Arrangement for Statutorily Non-Covered Drug in Advisory Opinion 16-07

On June 20, 2016, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable Advisory Opinion 16-07 regarding a savings card program (Card Program) under which Medicare Part D…more

Anti-Kickback Statute, Coupons, Federal Health Care Programs (FHCP), HHS, Medicare Part D

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CMS Takes First Step to Reduce Payments for Clinical Laboratory Tests

CMS recently published a proposed rule that would substantially revise the methodology used to pay for clinical laboratory tests that continue to be compensated separately by Medicare. Medicare Program; Medicare Clinical…more

Clinical Laboratories, Clinical Laboratory Testing, CMS, Medicaid, Medicare

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The FTC's Three Current Hospital Merger Challenges: Will the FTC Ever Lose?

Beginning with the Federal Trade Commission’s 2007 decision in Evanston Northwestern Healthcare Corp., holding that a hospital merger in the North Chicago suburbs violated the antitrust laws, the FTC has experienced…more

Antitrust Violations, FTC, FTC Act, Hospital Mergers, Hospitals

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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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Drastic Changes in "Patient" Definition as HHS Releases the Long-Awaited Proposed 340B Omnibus Guidance

After years of fits and starts, the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) has finally released its proposed omnibus guidance for the 340B Drug Discount…more

Covered Entities, HHS, HRSA, Omnibus Guidance, Patients

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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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FBAR Deadlines Not as Close as You Think: New Tax Bill's Language Points to 2017 as Likely Timetable

Thank you for your interest in the 5th Annual IRS Hot Topic Seminar held in Jerusalem in July. In continuing our efforts to provide timely and extremely important updates on tax matters affecting U.S. citizens and green card…more

C-Corporation, FBAR, Filing Deadlines, Foreign Bank Accounts, Income Taxes

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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, Shareholder Litigation, Shareholders

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American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and…more

American Arbitration Association, Arbitration, Arbitrators, Construction Contracts, Construction Industry

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Proposed Enrollment Rule Changes - de Facto Exclusion?

Proposed rules, touted as enhancing the provider enrollment process, would provide CMS with sanction authority that closely parallels the OIG’s exclusion authority. Under the proposed rules, CMS would have expanded bases to deny…more

Administrative Appeals, Administrative Authority, CMS, Due Process, Enrollment

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Another Medigap/Preferred Hospital Network Arrangement Approved by OIG in Advisory Opinion 16-05

On May 3, 2016, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued another favorable advisory opinion, No. 16-05 [PDF], regarding an agreement between a Medicare Supplemental Health…more

Anti-Kickback Statute, CMP Waivers, HHS, Medicare Part B, Medigap

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Health Care Fraud Prosecutions: Strong Seas and High Winds Ahead for Individuals and Corporations

During the past nine months, the U.S. Department of Justice (DOJ) has made several significant policy pronouncements that impact health care organizations and individual providers. These directives and initiatives reflect that…more

CMS, Corporate Liability, Criminal Prosecution, DOJ, Enforcement Actions

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Is This the Beginning of an End to a Long Controversial Debate on Concurrent Surgeries?

Concurrent Surgeries and National Spotlight According to recent guidelines published by the American College of Surgeons (ACS) as Statements on Principles, concurrent (or simultaneous) surgeries occur when “the critical or…more

ACS, Health Care Providers, Hospitals, Surgery

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New CMS Final Fire Safety Regulations

The Centers for Medicare and Medicaid Services (CMS) has updated its fire safety regulations governing certain Medicare and Medicaid participating health care providers. These include hospitals, critical access hospitals (CAHs),…more

CMS, Fires, Health Care Providers, Healthcare Facilities, Hospitals

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Small Business Securities Bulletin: SEC Adopts Long-Awaited Crowdfunding Rules

A periodic bulletin keeping small businesses informed about current developments in securities law and related matters. By way of background, pursuant to Section 5 of the Securities Act of 1933 (Securities Act) and state…more

Crowdfunding, Disclosure Requirements, Funding Portal, Issuer Eligibility Criteria, JOBS Act

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Recent Enforcement Under Section 5 of the FTC Act: So That's What a Standalone Claim of Unfair Competition Looks Like

Last August, the Federal Trade Commission issued its Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Statement), in an effort to provide clarity with respect to the…more

Anti-Competitive, Antitrust Violations, Drug Testing, FTC, FTC Act

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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

Bid Protests, Bids, Board of Contract Appeals, Construction Contracts, Federal Contractors

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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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Telemedicine Gains Further Acceptance

Last month the American Medical Association (AMA) adopted ethical guidance related to the practice of telemedicine and telehealth which further expands upon the policy report on Coverage and Payment for Telemedicine [PDF] it…more

American Medical Association, CMS, Ethics, MPFS, New Guidance

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WEBINAR: Creating Stable Security and Compliance Relationships Between Health Care Organizations and Vendors

The Omnibus Rule implementing the HITECH Act made several changes to the HIPAA Privacy and Security Rules that profoundly changed the dynamic between health care providers and vendors. In addition, the Breach Notification Rule…more

Business Associates, Covered Entities, Health Care Providers, HIPAA, HITECH

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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
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • D.C.
  • Virginia
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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