Healthcare Law Briefs
1.
CMS
Authorizes Interest Relating to Physician Fee Schedule Transition
The 2003 Physician
Fee Schedule will become effective March 1, 2003. Since services
provided in January and February of 2003, which should be reimbursed at
the 2002 rate, will be paid at the 2003 rate, underpayments and
overpayments will occur. Adjustments will be calculated in July 2003.
CMS Program Memorandum Trans. B-03-011, authorizes payment of interest.
You can view the memorandum through
the CMS link on our website.
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2. OIG Letter Cautiously
Supports Malpractice Premium Support by Hospital
In response to a hospital
request regarding malpractice subsidies, the OIG has responded by
stating that the program might satisfy safe harbor requirements. The
letter is available on our website, and an analysis of the issue will be
provided by Mike Cassidy in the next firm newsletter. If you have any
questions, please contact Mike at
mcassidy@tuckerlaw.com.
You can view the memorandum here.
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3. Pennsylvania Governor
Creates Cabinet Level Agency: Office of Health Care Reform
Gov. Ed Rendell
signed Executive Order (E.O. 2003-1), on his first day of office,
creating the Office of Health Care Reform (OHCR). The mission of OHCR
is to restructure the states health care system to improve access,
affordability and quality.
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4. PA Supreme Court Approves "Certificate
of Merit" Court Rule
The Pennsylvania Supreme Court has
approved a "Certificate of Merit" court rule aimed at making it more
difficult for lawyers to file frivolous claims in medical malpractice
cases in the state. The rule, advocated by Gov. Rendell and published by
the high court on its Web site, requires lawyers to obtain a certificate
of merit from a medical professional establishing that the medical work
in the case fell outside acceptable standards, and lawyers failing to
obtain the certifcate cannot bring theri case to trial, reported the
Associate Press. Rendell cited estimates that the requirement could
reduce the number of malpractice lawsuits by one-fourth, the Associate
Press noted. The Pennsylvania Trial Lawyers Association said it had no
objection to the rule, notingh that most lawyers who handle major
medical cases already have medical personnel on hand who will be able to
accommodate the rule, the Associated Press added.
Associated Press, January 29, 2003
http://www.philly.com/mld/inquirer/business/5052978.htm
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5. Greenwood
Reintroduces Bill Placing Limits on Malpractice
Rep. James C. Greenwood (R-Pa.) reintroduced
Feb. 6 his legislation (H.R. 5) capping non-economic damages in medical
malpractice lawsuits at $250,000 and placing other limits on lawsuits.
The legislation, known as the HEALTH Act, also seeks to limit punitive
damages to two times the economic damages or $250,000, whichever is
greater. Under the proposal, limitations would be placed on attorneys'
fees to reduce incentives for unnecessarily large award requests by
attorneys. The number of years a plaintiff has to file health care
liability action are limited, to ensure that claims are brought while
evidence and witnesses are available.
http://pubs.bna.com/ip/BNA/hce.nsf/is/a0a6k6t3a4
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>For more information about the
topics presented in this newsletter please contact one of the Healthcare
Attorneys:
>Read
the Fall 2002 issue of our HEALTHCARE
NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
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