Insight

Preparing Your Work Force

by: Ronald M. Katzman

Although obtaining a patient’s acknowledgment of receipt of a covered entity’s Notice of Privacy Practices is one of the critical elements of HIPAA, compliance does not stop at this step.

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Supreme Court Addreses Assignability of Non-Competes

The recent Pennsylvania Supreme Court decision in Hess v. Gephart & Co., Inc. Pa. Supreme Court, Docket 104 MAP 2001, (Decided October 16, 2002) will most likely require employers and employees to re-examine their employment relationship where there has been a transfer of assets between companies and where those assets include employment contracts which contain restrictive covenants.

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Ten Trouble Spots That Can Put You In Hot Water

by: Thomas J. Weber

When a licensee faces charges before the State Board of Dentistry, one of the mechanisms to resolve the charges is through a Consent Agreement. This is an agreed-to penalty between the licensee and the prosecuting attorney which must be approved by the Board. Often times, such Agreements will include a probationary period.

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The Problems of Successors in Enforcing Non-Competes

The recent case of Savage, Sharkey, Riser & Szulborski Eyecare Consultants, P.C. v. Tanner continues a trend by Pennsylvania courts to strictly construe and enforce – to the letter – terms of restrictive covenants, and is another Pennsylvania case where a successor company was unable to enforce a covenant not-to-compete.

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The State Board of Dentistry—What Does It Mean To You?

by: Thomas J. Weber

There is very little instruction in dental school regarding your roles and responsibility under the State Board of Dentistry. Likewise, once you are out of school and focusing on your practice, there is little time to consider the State Board of Dentistry.

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Treating the Minor Patient

by: Thomas J. Weber

Treating the minor patient presents numerous unique issues. This article will address several of the most frequently questioned legal issues as they pertain to the treatment of a minor patient.

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Use of DUI Arrests in Administrative Hearing

by: Thomas E. Brenner

For many first time drivers arrested on a driving under the influence charge, entry into an Accelerated Rehabilitation Disposition Program (ARD) was believed to be a way to minimize the effect of the DUI charge. ARD provides that evidence of the criminal conviction will be expunged upon the completion of the program.

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Uses And Disclosure of Protected Health Information

by: Thomas J. Weber

The HIPAA regulations recognize that the most frequent use of patient confidential information is in relation to the furtherance of treatment, payment, or other health care operations (“TPO”). Treatment includes the use or disclosure of the information for the furtherance of medical care to the individual.

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Weather Related Slip and Fall Cases Involving School or Municipal Property

by: Thomas E. Brenner

There continues to be a proliferation of lawsuits asserting claims for personal injury from slip and fall cases, particularly from snow or icy weather. Plaintiff’s counsel in cases in which their clients have sustained significant injuries from a fall assert negligence by the property owners or property maintenance companies caused the fall.

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What Is HIPAA and Whom Does It Cover?

by: Thomas J. Weber

The HIPAA privacy regulations have their genesis from a law that has been around for some time. The law came about at a time when the Clinton administration was giving considerable consideration to modifying the health care system as it existed in the United States.

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What Is The Fiduciary Exemption?

by: Ronald M. Katzman

One issue raised in the litigation is the attorney-client privilege. Cases hold that this privilege is generally not applicable to communications between a fiduciary and its attorney.

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What They Did Not Teach You in Dental School

by: Thomas J. Weber

Dental school is geared toward providing you the education and experience to develop the tools necessary to practice the profession of dentistry with skill and competency. This article is intended to provide some highlights as to the more important business aspects of being a professional dentist.

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