New CON Regulations

In October 2023, the Maryland Health Care Commission (MHCC or Commission) reviewed and approved for public comment Proposed Final Regulations making significant changes to the Procedural Regulations for Health Care Facilities and Services. This is the latest step in a multi-year process of updating the certificate of need (CON) regulations to conform with significant statutory…Read More

Are IV Businesses “Compounding” Prescriptions?

IV hydration businesses are popping up in major cities across the country, including here in Maryland. Most hydration businesses offer a variety of products to their customers, including infusions of vitamins and other elements promoted to improve health or reduce stress. Since these businesses are relatively new, they remain largely unregulated.  However, recent guidance from…Read More

Corporate Transparency Act Requires Reporting Companies to File with FinCEN starting January 1, 2024

This article is an updated version of the Corporate Transparency Act Requires Reporting Companies to File with FinCEN. On January 7, 2021, Congress passed the National Defense Authorization Act, which includes the Corporate Transparency Act (“Act”).  The Act, which takes effect on January 1, 2024, requires “reporting companies” to file information on beneficial owners, key decisionmakers,…Read More

The Corporate Transparency Act

The United States Congress passed the Corporate Transparency Act (CTA) in 2021 to help prevent and combat money laundering, terrorist financing, tax fraud and other illicit activity. Among other things, the CTA requires private companies operating in the United States to report information regarding their beneficial owners and key decision makers to the Financial Crimes…Read More

Mid-Atlantic Health Law TOPICS

Maryland’s Aggressive Climate Legislation’s Impact on Providers Every health care provider rents or owns the space in which they treat patients. Therefore, every Maryland health care provider will be significantly impacted by Maryland’s very aggressive climate legislation. In 2022, the Maryland General Assembly passed The Climate Solutions Now Act (CSNA), which is one of the…Read More

Apparent Agency

In July 2022, Maryland’s highest appellate court issued a decision in Williams v. Dimensions Health Corporation, dealing with a hospital’s liability for the negligence of an independent contractor treating emergencies at the hospital. The Doctrine Generally, a principal is liable for the negligence of its agents. More specifically, an employer is responsible for the negligence…Read More

“But For” Whistleblowing

In 2002, the Maryland General Assembly passed the Maryland Health Care Worker Whistleblower Protection Act (Act) which bars health care organizations from firing or otherwise retaliating against employees who in good faith “blow the whistle” on their employer’s alleged illegal conduct. In 2022, Maryland’s intermediate appellate court, for the first time addressed the proof needed…Read More

Behavioral Health Parity for Employer Sponsored Group Health Plans

With increasing regulatory scrutiny and litigation by employees against employer-sponsored group health plans, now would be a good time to find out if your employer-sponsored group health plan is compliant with behavioral health parity rules. MHPAEA and the Consolidated Appropriations Act, 2021 In 2008, the U.S. Congress passed the Mental Health Parity and Addiction Equity…Read More

D.C. Bans Non-Competes

On October 1, 2022, the District of Columbia will begin implementing a new non-compete law that prohibits the use of non-compete clauses in newly signed employment agreements affecting most everyone who works in the District of Columbia, except highly paid doctors. The new law also prohibits employers from restricting an employee’s right to moonlight pursuant…Read More