Healthcare Law Briefs

Meeting the Challenge of Health Law

	What's Inside
	Pennsylvania Malpractice Reform Tabled

	Tucker Attorney Reappointed to PBA Malpractice Reform Task Force
	Fraud And Abuse Developments
	Compliance Guidance Issued

Healthcare Law Briefs

July 8, 2004

*READ PAST ISSUES OF THE HEALTHCARE LAW BRIEFS

1. Pennsylvania Malpractice Reform Tabled

On Friday, July 2, 2004, the Pennsylvania Senate Judiciary Committee voted to table a resolution that would initiate the process amending the State Constitution to allow damage caps for malpractice claims, thus for, indefinitely delaying HB 2722. The deadline for acting on malpractice reform via constitutional amendment is August 2, 2004. Under Pennsylvania law, the constitutional amendment process requires passage in each of two consecutive 2-year legislative sessions.

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2. Tucker Attorney Reappointed to PBA Malpractice Reform Task Force

Mike Cassidy has been reappointed to the Pennsylvania Bar Association Malpractice Reform Task Force. The mission of the Task Force is to study and make recommendations about finding solutions to the health care crisis in Pennsylvania, and to protect the integrity of our justice system and to find solutions to advance our Legislature, Governor and the People of Pennsylvania.

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3. Fraud And Abuse Developments

The U.S. Department of Justice announced a $2.8 million settlement by Wal-Mart for allegedly dispensing partial prescriptions. The settlement arises out of a qui tam False Claims Act complaint and prosecution. The relator will receive approximately $95,000.

A New York dermatologist, who pled guilty to 17 counts of healthcare fraud and 3 counts of conspiracy to distribute controlled substances, was:

Ordered to pay $19,385 in restitution to Blue Cross/Blue Shield of Rhode Island;
Fined $90,000;
Ordered to forfeit his $1 million Manhattan apartment; and
Sentenced to 46 months in prison.

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4. Compliance Guidance Issued

The Department of Health and Human Services Office of Inspector General (HHS/OIG) and the American Health Lawyers Association (AHLA) have issued two guides to corporate compliance: (You must have Adobe Acrobat to read the guides. Click on the Adobe link below to download.)