Healthcare Law Briefs
1. OIG
Issues Advisory Opinion Questioning Hospital/Physician ASC Joint Venture
On February 5, 2003,
the OIG issued Advisory Opinion No. 03-5, which concluded that
hospital/physician joint venture did not satisfy the ASC Safe Harbor and
could generate prohibited remuneration.
You can view the
Advisory Opinion here.
(You must have Adobe Acrobat to read
the Advisory Opinion. Click
on the Adobe at the bottom of this page link to download. )
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2. Federal Malpractice
Reform Jeopardized
Modern
Healthcare (2/17/03)
reports that, "The chances of a federal malpractice reform bill becoming
law took a hit as deep-rooted partisan differences surfaced…".
Republicans are looking at capping damages as the solution. Meanwhile,
Democrats introduced a bill to repeal a long-standing antitrust
exemption allowing insurers to share claim data, which democrats have
alleged is part of a rate-setting conspiracy.
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3. CMS Revises Physician Fee Schedule,
Raising Rate by 1.6 Percent
CMS Revises Physician Fee Schedule, Raising Rate by 1.6 Percent
Physicians and other health care providers will receive a 1.6 percent
increase in their Medicare reimbursement rates
for the remainder of the year, in accordance with legislation that
required a recalculation of their fee schedule, the Centers for Medicare
& Medicaid Services said Feb. 26. The revised 2003 final Medicare
physician fee schedule is set to be published in the Feb. 28 "Federal
Register" and will become effective on March 1. "The revisions in this
final rule constitute technical corrections to the final rule published
on Dec. 31, 2002," CMS said in the rule.
Feb. 27 -- BNA's Health Care Daily Report
4. Tucker Arensberg Attorney Publishes Monograph for
American Health Lawyers Association
In January 2003, Mike Cassidy's monograph, "Immunity for Credentialing
Decisions Under Federal and State Law" was published as a Health
Lawyers: Expert Series for the American Health Lawyers Association. The
following is an outline of the article:
- Introduction to Peer Review
- Credentialing Models
- Immunity for Participation and Decisions in The Peer Review
Process
- Confidentiality
- Bylaws as Contracts
- Data Bank Querying and Reporting
- Managing the Data Bank
For a copy of this article, please contact Mike at (412) 594-5515 or
via e-mail at
mcassidy@tuckerlaw.com. Members of the American Health Lawyers
Association "Member Section" may access the full article at
www.healthlawyers.org/pg/cpr/briefings.cfm.
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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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