Healthcare Law Briefs
1. Credentialing Litigation News
Two recent
cases are losses for physicians, and underscore the courts' philosophy
that vague allegations of conspiracy and unfairness will be rejected by
courts. In eastern Pennsylvania, a federal district court jury found
that several hospitals and private physicians did not conspire to deny
privileges to a local cardio-thoracic surgeon, and the Third Circuit
denied the physician's appeal. (Angelico v Lehigh Valley Hospital,
Inc.; St. Luke's Hospital of Bethlehem; Easton Hospital, et al, 3rd
Cir. No. 1. 01-2535 and 01-2930, January 12, 2004).
A federal district court in Louisiana denied a
cardiologist's motion for a preliminary injunction preventing a hospital
from enforcing a medical staff hearing decision terminating her clinical
privileges. The opinion demonstrates the worst tactical approach for a
physician. Dr. Rdanzck objected to numerous aspects of the medical
staff hearing process throughout, requiring the hospital to replace
panel members, employ new independent reviewers, etc., and then argued
that she did not receive due process. The court concluded that there
was ample evidence of due process, citing the very accommodation sought
by the physician. Rdanzck v Hospital Service Dist. No. 3; d/b/a
Thibodaux Reg. Med. Ctr. 2004 U.S. Dist. Lexis 503 (January 15,
2004)
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2. Malpractice
Insurance News
On the federal level, President Bush is pushing for
the reconsideration of federal tort reform, first introduced as the
HEALTH Act of 2002 (Help Efficient Accessible Low-Cost Timely
Healthcare) and reintroduced in February 2003.
The Pennsylvania Bar Association has appointed a
statewide Task Force to investigate the malpractice crisis in the
state. Mike Cassidy has been appointed to serve on that Task Force, and
welcomes your insights or comments on this issue. You can submit them
via email to
mcassidy@tuckerlaw.com.
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3. Medicare
Act Expands Reassignment
The Medicare Prescription Drug, Improvement and
Modernization Act of 2003 has greatly expanded the reassignment
provisions of the Social Security Act. The previous language allowing
reassignment to an employer or to defined facilities under arrangements
has been replaced by language allowing reassignment to employers and
situations "where the service was provided under a contractual
arrangement between such physician or other person and an entity." This
language eliminates the language which restricted independent contractor
assignments to "clinic" situations. Although effective immediately, the
change is also contingent upon regulations being issued by the Secretary
of HHS.
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>For more information about the
topics presented in this newsletter please contact one of the
Healthcare
Attorneys:
Read
the December 2003 issue of our HEALTHCARE
NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
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