Healthcare Law Briefs
1. Volume
of State Disciplinary Action Increases
The April 21, 2003 American Medical
News published information compiled by the Federation of State Medical
Boards, reporting that the number of medical board actions rose 32%
between 1993 and 2002, i.e. from 3,707 in 1993 to 4,875 in 2002. The
article attributes the change to the increased physician population
(although relative frequency was not reported), increased scrutiny
arising from greater public awareness and attention, and tougher
internet regulation.
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2.
U.S. Supreme Court Ducks Clackamas
In Clackamas
Gastroenterology Associate, P.C. v. Wells, a group of physicians is
defending against an ADA case, i.e. a case in which a terminated
employee is alleging violation of the Americans with Disabilities Act,
by asserting that the physician shareholders, who are employed by the
professional corporation, should not be counted as employees for purpose
of determining whether the practice has the minimum number of employees
necessary to support federal jurisdiction, i.e. 15. The physicians have
argued they should be treated as partners, thereby avoiding
jurisdiction. The Supreme Court remanded the case for further
proceedings. The firm's labor and employment department is preparing an
analysis of the issues for our next quarterly newsletter.
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3. OIG
Issues "Voluntary" Compliance Guidance for Pharmaceutical Companies
On April 28, 2003,
the HHS office of Inspector General (OIG) issued voluntary compliance
for pharmaceutical companies. The 56 page document is designed to
facilitate healthcare compliance and is available at
http://oig.hhs.gov/fraud/docs/complianceguidance/042803pharmacymfgnonfr.pdf
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4. OIG Issues Advisory
Regarding Suspect Joint Ventures
The OIG also issued
an Advisory Bulletin on April 24, 2003, intended to alert healthcare
providers to potential violations. Unlike the guidance process,
Advisory Bulletins are more like early warnings or bow shots. The
"Special Advisory Bulletin" is posted on our web site and will be
discussed in our next quarterly newsletter.
http://oig.hhs.gov/fraud/docs/alertsandbulletins/042303SABJointVentures.pdf
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5. Tucker Arensberg
Lawyer Moderates National Healthlaw Conference
On Thursday, May 1,
2003, Mike
Cassidy served as the moderator for a national teleconference,
sponsored by the American Health Lawyers Association, discussing
"Strategies for Reporting to the Databanks".
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6.CMS
Delays, Again, Effective Date Physician Self-referral Provision
CMS has delayed for
an additional six months, until Jan. 7, 2004, the effective date of the
last sentence of 42 C.F.R. §411.354(d)(1), which was part of 66 FR 856,
Jan. 4, 2001. This further extension of the delay will give CMS
additional time to reconsider the definition of compensation that is
“set in advance” as it relates to percentage compensation methodologies
in order to avoid unnecessarily disrupting existing contractual
arrangements for physician services. CMS had previously delayed the
effective date of this sentence for one year (66 FR 60154, Dec. 3, 2001)
and for six months (67 FR 70322, Nov. 22, 2002). Final rule, 68 FR
20347, April 25, 2003,
¶180,318.
CCH Health &
Medical Medicare, FDA, Compliance
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7.
Jury Awards $5 Million Against Hospital for Violating EMTALA
A federal jury April 30 issued a verdict
of more than $5 million, the largest award yet under the Emergency
Medical Treatment and Labor Act, against a Detroit hospital for allowing
a patient to bleed to death, an attorney representing the patient said
("Smith v. Botsford General Hospital", E.D. Mich., No. 00-CV-71459,
4/30/03). The U.S. District Court for the Eastern District of Michigan
jury found that Botsford General Hospital violated the patient dumping
law by refusing to treat Kelly Snider-Smith, who suffered a fractured
left leg in an automobile accident, according to a statement from
Geoffrey Fieger, the attorney for Snider-Smith. "Kelly Snider-Smith may
have been the first person in modern America to be allowed by a hospital
to bleed to death from a broken leg," Fieger said. "The EMTALA law was
passed to prevent patient 'dumping' and yet, Botsford General Hospital
brazenly violated the law and tried to get away with it. The Jury saw
through [the hospital's] defense that Kelly unexpectedly died in the
ambulance."
May 5 -- BNA's
Health Care Daily Report
<Top >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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