August - September 1995

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  • The Pot of Gold: Monitoring Health Care Conversions Can Yield Billions of Dollars for Health Care

    When nonprofit corporations convert to for-profit status, they are obligated by the laws in most states to turn over their assets to another nonprofit organization dedicated to similar purposes. Without careful monitoring, however, health maintenance organizations and hospitals may successfully hold onto billions of dollars that are rightfully systems owed to the public. This article outlines the law relating to health care conversions and describes various advocacy strategies for recapturing billions of dollars owed to health care charities when a health plan converts from a nonprofit to a for-profit corporation.

    By Eleanor Hamburger, Jeanne Finberg, and Leticia Alcántar

  • The Civil Rights Remedy of the Violence Against Women Act

    The Violence Against Women Act, passed last September, declares that violent crimes motivated by the victim's gender are discriminatory and violate the victim's federal civil rights. This article discusses the back-ground to the passage of the Act, the elements of proof for the Act's civil rights remedy, and the various practice concerns plaintiffs are likely to encounter.

    By Julie Goldscheid and Susan Graham

  • Reengineering Social Security: Social Security Admistration's Plan for a New Disability Claim Process

    The Social Security Administration has undertaken a reengineering of the disability claims process. This article discusses the proposals and their potential impact on clients.

    By Robert E. Rains

  • Landlord Failure to Resolve Shared Meter Problem Breaches Tenant's Right to Quiet Enjoyment

    In Legg v. Castruccio, the Maryland appellate court recently held that, where tenants have a common meter and one tenant fails to pay his or her share of the utility bill, the landlord was liable for damages in the amount of the unpaid bill.

    By Roger Colton and Janet Labella

  • Implementation of Drug Addiction and Alcoholism Provisions in Disability Cases

    This column describes the implementation of provisions of the Social Security Administrative Reform Act of 1994 restricting disability benefit payments to drug and alcohol abusers. Among other things, the provisions impose a 36-month payment limitation on beneficiaries, require the suspension of benefits for noncompliance with treatment, and require beneficiaries to receive benefits through a representative payee.

    By Ethel Zelenske