Healthcare Law Briefs




	Tucker Arensberg Healthcare Law Briefs November 10, 2005 2006 MCARE Surcharge Malpractice Cases Not Reported Stark DHS Includes Nuclear Medicine October 17, 2005 P4P News: Any Impact? OIG Proposes E-Prescribing Safe Harbor Stark and E-Prescribing October 11, 2005 Asset Protection Announcement OIG Reiterates Support Of Gain Sharing Arrangements California Court Rules PPO May Exclude Providers P4P Advocates Support Additional Reimbursement September 23, 2005 Ohio Physician Recovers $6,000 From Malpractice Lawyer CMS Announces EHR Beta-Test HHS Appoints Blue-Ribbon Panel On Healthcare Information Project September 8, 2005 CMS Issues Stark Advisory Opinion Stating That Stock Interest In Non-Profit Practice Organization Is Not A Stark Financial Interest HGSA Issues Medlearn Matters For NPPS August 15, 2005 New "Incident To" Rules Effective July 25, 2005 CMS Will Not Process Non-HIPAA Compliant Medicare Claims Past 10/01/2005 CMS Proposes Rules To Permit Requests For Waiver Of Medicare Exclusions August 3, 2005 - Special Alert CMS PROPOSES 2006 PHYSICIAN FEE August 1, 2005 IMMUNITY FOR EMPLOYMENT REFERENCES July 18, 2005 Tennessee Supreme Court Bans Restrictive Covenants Highmark Defines Concurrent Care Reimbursement Policies July 1, 2005 PAY FOR PERFORMANCE (P4P) June 13, 2005 Medical Staff Members Not Liable For Harm To Patients Retirement Plan Update Medicare Physician Fee Schedule Increase May 23, 2005 Does HCQIA Immunity Protect Physicians Who Complain About Malpractice Testimony? Where Do Interpreters Stand Now? May 9, 2005 Top Compliance Enforcement Initiatives Antitrust Enforcement Moves East JCAHO -- The Latest Medical Staff By-Laws Requirements April 15, 2005 Pennsylvania IRA Update March 18, 2005 Pennsylvania Superior Court Limits Restrictive Covenant to Actual Market Area February 18, 2005 JCAHO Releases Professional Liability Report Medicare Pay-For-Performance Demonstration Project OIG Approves Cardiology Gain Sharing Arrangements January 14, 2005 Malpractice Reform OIG Anti-Kickback Advisory Opinions Highmark Announces Policy Restricting Concierge Medical Practices November 12, 2004 PHYSICIAN FEE SCHEDULE FINAL RULE October 29, 2004 IRS NEWS: - IRS Release Annual Changes in Retirement Plan Limits for Calendar Year 2005 - Non-Profit Hospital's Participation in LLC Imaging Venture does not Jeopardize Tax-Exempt Status HIPAA NEWS: - New York State Court Limits Defendant Hospital's Access to Treating Physicians - IRS Exempts Itself From HIPAA - Rush Limbaugh's Medical Records Properly Seized October 19, 2004 Pennsylvania Supreme Court Adopts New Rules for Reducing Jury Damages Awards in Malpractice Cases CMS Announces Coding To Increase Payment for Cancer Treatment GAO Issues Report On Medicare Physician Payments (GAO-05-85) October 11, 2004 PENNSYLVANIA BLUE SHIELD REVISES AUDIT PROCESS September 21, 2004 STATE BAR ASSOCIATION MALPRACTICE TASK FORCE August 27, 2004 Information Technology: Stark, Other Anti-Fraud Laws Block Advancement On Health Care IT, GAO Says First HIPAA Conviction: Identity Theft Antitrust: Federal Court Dismisses Residents' Claims, Says Congressional Exemption Bars Suits Overtime Regulations: Violations Likely to Exist August 6, 2004 Hospitals May Be Liable for Non-Employee Physicians EEOC Files Suit For Partnership Denial Blue's Cash Surpluses Become Public July 23, 2004 Specialty Hospitals Revitalize Con Debate CMS Clarifies Incident-To Billing Feds Plan New HIPAA Rules for Fall July 8, 2004 Pennsylvania Malpractice Reform Tabled Tucker Attorney Reappointed to PBA Malpractice Reform Task Force Fraud And Abuse Developments Compliance Guidance Issued June 11, 2004 West Virginia Supreme Court Decides Exclusive Contract Case on Tortured Logic HIPAA Compliance Alert May 28, 2004 MCARE Reporting Obligations California Court Enforces Nurse Staffing Ratios Compliance Developments April 16, 2004 MALPRACTICE UPDATE Federal Tort Reform Pennsylvania Tort Reform Asset Protection Program April 2, 2004 Concierge Medicine: OIG Says No Tipping March 19, 2004 CREDENTIALING NEWS: Exclusive Credentialing Developments March 5, 2004 CMS FINALIZES REASSIGNMENT RULES February 17, 2004 Credentialing Litigation News Malpractice Insurance News Medicare Act Expands Reassignment January 30, 2004 Revocation of Surgical Privileges Does Not Constitute Age Discrimination Malpractice Study Finds Premiums Lower in States With Damage Caps CMS Publishes National Provider Identifier Number Regulations Mcare Abatement Application Deadline Attorney Michael A. Cassidy Publishes Credentialing Article in AHLA Health Lawyers News January 16, 2004 Treasury, IRS Detail Requirements Governing Health Savings Accounts CMS for Fourth Time Delays Stark Rule Compensation Provision Health Spending in U.S. Hits $1.6 Trillion, With Government Paying Nearly One-Half January 2, 2004 Mcare Update: Healthcare Provider Retention Program 100% Abatement for Certain Providers Payment of Mcare Assessments Practice Pledge/Retention Exclusions December 19, 2003 OIG Posts FY 2003 Semiannual Report HHS Announces New Web Site to Streamline Grants Process Mcare Abatement Decided December 4, 2003 Tucker Arensberg Attorney Receives Healthcare Lawyer of the Year Award Medicare Update 2,800 Privacy Complaints U.S. Supreme Court to Hear ERISA Preemption Cases Federal District Court Grants Physician Access to Peer Review Records November 17, 2003 U.S. Supreme Court Denies Review of Federal Appeals Court HIPAA Ruling Federal Court Allows Retaliation Claim by Physician Whistleblower Government Collects Record $2.1 Billion in False Claims Act Recoveries in FY 2003 Federal Judge Orders Rx Depot Shuttered Final Phase II Stark Regulation Sent to Office of Management and Budget October 20, 2003 Service-Line Joint Ventures Guidance Regarding Interpretation Requirements Third Circuit Decision States Doctor/Shareholders Not Employees for Title VII U.S. Supreme Court Stays Out of Healthcare Cases October 2, 2003 NLRB Ruling Allows Residents, Fellows of Illinois Hospital to Collectively Bargain Fraud and Abuse: University of Washington Professor Sentenced for Health Care Billing Fraud CMS Announces Web-Based Manual Court Decision Provides Some Relief on False Claim Cases OIG Posts 2004 Work Plan September 24, 2003 CMS announces it will accept HIPAA non-compliant electronic transactions after October 16, 2001. September 19, 2003 HIPAA-Compliant Claims Submitted To Medicare Low, as Deadline Looms PMSLIC Seeks to Increase Primary Base Rate for Medical Malpractice Insurance Premiums September 5, 2003 GAO Finds No Simple Answer to Malpractice-Access Problem Medical Malpractice Lawsuits Filed in Philadelphia Decrease Healthcare Reform Ideas Mcare Hospital Surcharges August 22, 2003 Medicare Electronic Claims Submission by 10/15/03 Medicare 2004 Proposed Physician Fee Schedule Payment Reform for Part B Drugs MCARE Fund Lacks Money to Cover Claims August 11, 2003 Don't Overlook Worker's Comp. Business Texas: New Medical Errors Reports Law For Providers Medicare Physician Payment Reductions Proposed in CMS Rule July 25, 2003 HHS Demonstration Project Will Pay Quality Performance Bonuses To Hospitals. FTC Consent Order Shuts Down Maine Hospital/Physician Network FTC Settles Price-Fixing Charges Against St. Louis Doctors Cancellation of the Automatic July 2003 Mass Adjustments 2003 Medicare Physician Fee Schedule Delay in Outpatient Therapy Payment Caps July 11, 2003 Circuit Court Affirms PRO Disclosure HIPAA Enforcement Confusion HHS Moves Forward on Electronic Medical Records Study Links Higher Physician Supply to Limits on Non-Economic Damages New Jersey to Establish Public Database of Physician Profiles Provider Payments to Rise by $40 Million in Pennsylvania Blues Pact June 20, 2003 Fraud and Abuse Updates OIG Advisory Opinion Allows Hospital/ Radiology Groups Open MRI Joint Venture CMS to Withdraw Proposal to Limit Physician Ownership in Specialty Hospitals PA Emergency Department Regulations California Physician Sues Blue Cross of California for Wrongful Plan Termination State Peer Review Immunity is "Qualified" May 29, 2003 U.S. Supreme Court Upholds Maine Rx Joint and Several Liability Statute Threatened Some Malpractice Relief: NY Court Finds No Professional Duty to Non-Patient AGH CRNAs Win Injunction Appeal Tucker Arensberg Attorney Elected Vice Chair of Committee House Bills Affect Medical Malpractice Cases and Physician Sanctions May 7, 2003 Volume of State Disciplinary Action Increase Supreme Court Ducks Clackamas OIG Issues "Voluntary" Compliance Guidance for Pharmaceutical Companies OIG Issues Advisory Regarding Suspect Joint Ventures Tucker Arensberg Lawyer Moderates National Healthlaw Conference CMS delays, again, effective date physician self-referral provision Jury Awards $5 Million Against Hospital for Violating EMTALA April 17, 2003 Pennsylvania Supreme Court Amends Venue Rules in Med-Mal Actions Physicians Fleeing Pennsylvania and Its Malpractice Costs New York High Court Confirms $140 Million Award Telehealth Reimbursement Pa. Malpractice Task Force Avoids Noneconomic Damage Issue April 8, 2003 U.S. Supreme Court Upholds "Any Willing Provider" Statute Updated CMS Quarterly Provider Update HHS Publishes Draft Guidance on Medical Research March 24, 2003 OIG "Publicizes" Enforcement Action Operation Hardgear Malpractice Insurance Crisis Fix Clears Legislature, Heads to Governor Tucker Arensberg Attorney Will Act as Moderator for American Health Lawyers Association Teleconference OIG Posts Final Compliance Program Guidance for Ambulance Suppliers February 28, 2003 OIG Issues Advisory Opinion Questioning Hospital/Physician ASC Joint Venture Federal Malpractice Reform Jeopardized CMS Revises Physician Fee Schedule, Raising Rate by 1.6 Percent Tucker Arensberg Attorney Publishes Article for American Health Lawyers Association February 7, 2003 CMS Authorizes Interest Relating to Physician Fee Schedule Transition OIG Letter Cautiously Supports Malpractice Premium Support by Hospital Pennsylvania Governor Creates Cabinet Level Agency: Office of Health Care Reform PA Supreme Court Approves "Certificate of Merit" Court Rule Greenwood Reintroduces Bill Placing Limits on Malpractice January 10, 2003 PA Insurance Department Approves Highmark UCR, Premier Blue and Keystone Health Plan West (KHPW) CMS Delays Physician Medicare Enrollment Anthem Blue Cross/Blue Shield Slapped with $30 Million Punitive Damages for Denial of Care Health Law Advisors Board Identifies Top Issues for 2003 2003 Medicare Physician Fee Schedule Rendell Proposes MCare "Amnesty"

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