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

No Shield Laws for Maryland

With the emergence of COVID-19, many businesses have carefully taken various precautions to prevent, where possible, viral exposures to their employees and customers. Consequently, the world has witnessed the birth of many new phenomena, such as social distancing and the deployment of remote-work teams. However, despite their good faith efforts to prevent further infections, many…Read More