In the past decade, employers who sponsor pension plans have been subject to class actions brought by their employees, alleging the employers breached their fiduciary duty to pension plan participants by failing to rein in excessive fees. Now, that scrutiny has expanded to include employers who sponsor health plans, and who allegedly have not…Read More
With each passing year, many Maryland physicians are faced with a pressing question:What happens to my license when I retire? If a physician is approaching retirement, there are three options to consider: Inactive Status, Emeritus Status, and Voluntary Non-renewal. Inactive Status One option for physicians retiring in Maryland is to change the status of…Read More
In an effort to support reproductive health care privacy, as of December 23, 2024, providers must comply with a Final Rule promulgated by the Department of Health and Human Services (HHS). The Final Rule was issued in response to state abortion bans and other restrictions on reproductive freedom across the country following the U.S. Supreme…Read More
On October 7, 2024, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), issued a memorandum expressing her opinion on several topics, including her conclusion that “stay or pay” provisions in employment agreements violate the National Labor Relations Act (NLRA). Stay or pay provisions require employees to pay something or pay back something to…Read More
This article is an updated version of the Corporate Transparency Act Requires Reporting Companies to File with FinCEN. Updated 10/8/2024: 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…Read More
In SEC v. Jarkesy, the Securities and Exchange Commission (SEC) sought $300,000 in civil penalties from George Jarkesy for securities fraud. In June of 2024, the United States Supreme Court ruled that when the SEC seeks civil penalties for securities fraud, the defendant has the right to a trial by jury pursuant to the Seventh Amendment…Read More
In March 2024, the Medicare Payment Advisory Commission (MedPAC) released its report to Congress (Report) that addressed, among other topics, the increasing cost of Medicare Managed Care (MA). The Report acknowledges that aggregate Medicare payments to MA plans have always been higher than Medicare estimates of the amount Medicare would have paid for the same…Read More
In December 2022, the Office of Civil Rights (OCR) issued a bulletin (2022 Bulletin) warning Health Insurance Portability and Accountability Act (HIPAA) covered entities and business associates about the use of online tracking technologies, that are often part of an entity’s website or mobile application. In the 2022 Bulletin, the OCR stated that when individually…Read More
Election of Tax Structure LLCs are unique in that they offer flexibility in how they are taxed. The IRS will treat an LLC as either a corporation, partnership, or as a disregarded entity. By default, domestic LLCs with at least two members are classified as partnerships and single-member domestic LLCs are treated as entities disregarded…Read More
Pennsylvania has now joined the growing list of jurisdictions prohibiting the enforcement of certain non-compete and non-solicitation agreements for certain health care providers. Who is Covered? The Fair Contracting for Health Care Practitioners Act applies to medical doctors, doctors of osteopathy, certified registered nurse practitioners and certified registered nurse anesthetists and physician assistants. …Read More