The January 2010 issue of Link, the online journal of the AHRA, is now available. This issue includes a new column called Regulatory Review, the first installment of which is called “Healthcare Marketing–Navigating the Regulatory Landscape.” The column, to be a regular feature in Link, is authored by The Health…
Articles Posted in Health Law
Health Care Law Call for Articles
A health care law Call for Articles has been announced by the West Virginia Law Review. The announcement is set forth below: Call for Articles The West Virginia Law Review announces a call for articles and invites scholars, practitioners, and researchers to submit contributions for its upcoming issue focusing on…
Sebelius to “Galvanize” Public Health System
US Secretary of Health and Human Services Kathleen Sebelius presented the first US National Health Security Strategy (“NHSS”) in December 2009. The NHSS “is intended to galvanize efforts to minimize the health consequences associated with significant health incidents.” These incidents involve the “large-scale incidents” including terrorist attacks, hurricanes, SARS, H1N1,…
American Society of Nuclear Cardiology Takes Legal Action to Halt Implementation of the 2010 Medicare Physician Fee Schedule
On December 28, 2009, the American Society of Nuclear Cardiology (ASNC), joined by the American College of Cardiology (ACC), the Florida ACC Chapter, the Association of Black Cardiologist, and the Cardiology Advocacy Alliance, filed a complaint, as well as motions for a preliminary injunction and expedited discovery, against Health and…
CMS Amends Supervision Requirement for Outpatient Therapeutic Services and Outpatient Diagnostic Services in the 2010 OPPS
Effective January 1, 2010, the 2010 Outpatient Prospective Payment System (“OPPS”) amends the prior hospital outpatient supervision requirements. Reaffirming that Medicare will only cover outpatient therapeutic services that are furnished in the hospital (“in the hospital” defined as the areas included in the main buildings of the hospital that are…
False Claims Suit Settled in Michigan
Genesys Health System in Genesee County settled a claim by the U.S. Department of Justice that it violated the False Claims Act by billing Medicare at higher rates for evaluation and management services than were actually provided to cardiology patients. The fraud allegations, which were initiated by a whistleblower lawsuit,…
Physician Disruptive Behavior Can Lead to Staff Privileging Actions
In a recent survey by the American College of Physician Executives, 97% of respondents–doctors and nurses–reported behavior problems between doctors and nurses. This disruptive behavior, which over 55% of respondents reported happens at least monthly, included degrading comments or insults, inappropriate joking, and refusing to speak to or work with…
2010 Medicare Fee Schedule Announced
Medicare published the 2010 Fee Schedule in the Federal Register today. This new final rule reflects changes to the physician fee schedule and other Medicare Part B payment policies. The full text of the rule can be found here. For more information on how these changes might affect you, contact…
Health Care Data Breach
Health Net became the latest company that lost data containing personal, financial and medical information of hundreds of thousands of Connecticut residents. The data disappeared from Health Net in May, but the company never informed consumers (or authorities) about the breach of privacy until about two weeks ago (a six-month…
CMS Delays PECOS
On November 23, 2009, CMS sent a notice delaying implementation of its registration requirements for the Medicare Provider Enrollment, Chain and Ownership System (PECOS) which affects physicians and non-physician practitioners who order items or services for Medicare beneficiaries or who refer Medicare beneficiaries to other Medicare providers or suppliers, providing…