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

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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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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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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OIG Issues Favorable Advisory Opinion Regarding Employee Lease Arrangement Between Related Entities

Reviewing an arrangement involving the lease of employees and other operational and management services between a health system and its related psychiatric hospital, the OIG issued a favorable advisory opinion, Advisory Opinion…more

Advisory Opinions, Anti-Kickback Statute, CMS, Healthcare, Hospitals

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Open Payments Update: End of CME Exception for Sunshine Reporting

On July 17, 2015, CMS announced updates to the Law and Policy page on the Open Payments website to provide additional guidance regarding the termination of the continuing medical education (CME) exception for reporting under the…more

CME, CMS, Medicare, Open Payments, Reporting Requirements

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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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CMS's "At a Collection Agency" Bad Debt Policy - Confusion Continues

As we reported in previous Payment Matters articles, the United States District Court for the District of Columbia has issued inconsistent opinions regarding Medicare's policy not to allow bad debt when that bad debt is still at…more

Appeals, Bad Debt, CMS, Collection Agencies, Healthcare Providers

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Construction Industry Listed as a Top Priority for Misclassification Audits

Earlier this year, the U.S. Department of Labor (DOL) announced its 2015 Misclassification Initiative aimed at combatting misclassification of employees as independent contractors. At the top of its target list? Employers in the…more

Audits, Construction Industry, DOL, Independent Contractors, Misclassification

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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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King v. Burwell: An Interchangeable Exchange

The Supreme Court ruled recently in favor of the Obama Administration and its defense of another provision of the Patient Protection and Affordable Care Act (ACA or the Act). King v. Burwell, No. 14-114 (U.S. June 25, 2015). The…more

Affordable Care Act, Chevron Deference, Federal Health Insurance Exchanges, Health Insurance Exchanges, Individual Mandate

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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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Employee Health Care Plans: Tips for Navigating the Affordable Care Act Requirements

The United States Supreme Court upheld the Affordable Care Act (the "Act") in a recent decision involving the use of the insurance exchanges. Employers are now certain that they must deal with the requirements of the Act…more

Administrative Interpretation, Affordable Care Act, COBRA, Employer Group Health Plans, Employer Mandates

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OIG Approves Limited, Free Drug Program

On August 12, 2015, the Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 15-11, approving two pharmaceutical manufacturers’ free starter drug program. Citing the limited scope…more

Anti-Kickback Statute, Cancer, Cost-Sharing, Free-Drug Programs, Health Insurance

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Home Health, CY 2016 Proposed Rule: Emphasis on Value-Based Purchasing

On July 10, 2015, CMS published the calendar year (CY) 2016 home health prospective payment system (PPS) proposed rule [PDF]. While the proposed rule updates and revises certain payment rates and quality measures, it also places…more

Affordable Care Act, CMS, Home Health Care, IMPACT Act, Inpatient Quality Reporting

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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 Issues FY 2016 Final Inpatient and Long-Term Care Hospital Rule

On July 21, 2015, CMS issued a final rule updating the fiscal year (FY) 2016 Medicare payment polices and rates under the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment…more

Bundled Payments, CMS, Hospitals, Inpatient Prospective Payment System, Inpatient 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, Hospitals

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Provider Fights Back Against Whistleblower's Taking of Provider's Documents

Among the challenges for health care providers facing whistleblower lawsuits is the discovery that a whistleblower has secretly taken the provider’s documents or data. What options are available to the provider? In the recent…more

Confidential Documents, Discovery, False Claims Act, Health Care Providers, Misappropriation

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CMS Issues FY 2016 Final Inpatient and Long-Term Care Hospital Rule

On July 21, 2015, CMS issued a final rule updating the fiscal year (FY) 2016 Medicare payment polices and rates under the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment…more

Bundled Payments, CMS, Hospitals, Inpatient Prospective Payment System, Inpatient 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, Hospitals

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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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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, Letter of Intent

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Value-Based Payments Transition to Post-Acute Care: The FY 2016 Skilled Nursing PPS Rule

CMS published the final FY2016 Skilled Nursing Facility Prospective Payment System rule on August 4, 2015. In addition to updating the overall payment rate, the new rule implements key features of the Protecting Access to…more

CMS, IMPACT Act, Inpatient Quality Reporting, Medicare, PAMA

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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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Key Ingredients of CMS' Proposed Comprehensive Care for Joint Replacement Model

On July 14, 2015, CMS released a proposed rule regarding a new, alternative payment model: the Comprehensive Care for Joint Replacement (CCJR) program. Modeled in large part on the Bundled Payments for Care Improvement (BPCI)…more

Alternative Payment Models (APM), BPCI, Bundled Payments, CCJR, CMS

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OIG Approves Limited, Free Drug Program

On August 12, 2015, the Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 15-11, approving two pharmaceutical manufacturers’ free starter drug program. Citing the limited scope…more

Anti-Kickback Statute, Cancer, Cost-Sharing, Free-Drug Programs, Health Insurance

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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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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, Fee-Shifting Statutes, 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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Value-Based Payments Transition to Post-Acute Care: The FY 2016 Skilled Nursing PPS Rule

CMS published the final FY2016 Skilled Nursing Facility Prospective Payment System rule on August 4, 2015. In addition to updating the overall payment rate, the new rule implements key features of the Protecting Access to…more

CMS, IMPACT Act, Inpatient Quality Reporting, Medicare, PAMA

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Criminal Prosecutions of Health Care Fraud: The Stakes Continue to Rise for Individual Providers

On June 18, 2015, the U.S. Department of Justice (DOJ), in collaboration with the U.S. Department of Health and Human Services (HHS), announced criminal charges against 243 individuals located in 14 states for various health…more

Criminal Prosecution, DOJ, Fraud, Health Care Providers, Healthcare Fraud

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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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Federal Trade Commission Guidance Addresses Stand-alone Claims of Unfair Competition Under Section 5 of the FTC Act

Section 5 of the FTC Act, in effect since 1914, authorizes the FTC to pursue claims of unfair competition beyond the reach of both the Sherman and Clayton Acts. 15 U.S.C. § 45(a)(1). Until now however, the FTC has been reluctant…more

Antitrust Violations, FTC, FTC Act, Section 5, Sherman 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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Proposed 2016 Physician Fee Schedule Would Impact Medicare Shared Savings Program

The proposed Physician Fee Schedule for 2016 [PDF] contains several provisions that are likely to have an impact on the Medicare Shared Savings Program (MSSP). These provisions focus in large part on quality measures and the…more

ACOs, Alternative Payment Models (APM), Beneficiary Designations, CMS, Exceptions

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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
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  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
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Locations
Other U.S. Locations
  • D.C.
  • Virginia
Number of Attorneys

100+ Attorneys

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