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Healthcare Law Briefs
October 17, 2005
1. P4P News:
Any Impact?
An early study reported by the Journal of the American Medical
Association (JAMA) concludes that paying physicians to reach common
fixed performance targets produces little change in quality, but rewards
physicians with existing higher performance at baseline. JAMA, Vol. 294,
No. 14, 0/12/05;
http://jama.ama-assn.org/cgi/content/short/294/14/1788.
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2. OIG Proposes E-Prescribing Safe
Harbor
The Medicare Modernization Act required HHS to develop a Safe Harbor to
facilitate e-prescribing. Although suggesting that a new Safe Harbor
would be unnecessary to protect FMV arrangements and arrangements not
intended to generate referrals, the OIG nonetheless published a new
proposed Safe Harbor (Fed. Reg. Vol. 70, No. 195, 10/11/2005, 59015)
which provides that e-prescribing facilities (hardware, software, IT
and/or training) provided by hospitals to its Medical Staff members, by
group practices to members, and by prescription drug plans to
participating healthcare professionals are not prohibited remuneration
if:
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The items are provided as part of an e-prescription
program meeting Medicare Part D standards;
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The donor does not unnecessarily restrict the
compatibility of the facilities to other facilities;
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Providing the facilities is not contingent upon
referrals or related to the value or volume of referrals; and
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The arrangement meets the other typical Safe Harbor
requirements with respect to written agreements.
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3. Stark and
E-Prescribing
Simultaneously with the proposal of a new Safe Harbor, CMS proposed a
new and similar exception to the Physician Self-Referral Law (i.e.,
Stark Act). Both the Safe Harbor and the Stark exception are accessible
via links in an
October
7, 2005 Press Release by HHS.
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>For more
information about the topics presented in this newsletter please contact
one of the
Healthcare Attorneys:
Read the October 2005 issue of our
HEALTHCARE NEWSLETTER.
Tucker Arensberg, P.C.
1500 One PPG Place Pittsburgh, PA 15222
412/566-1212
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