2006

The Centers for Medicare and Medicaid Services (CMS) issued the final rule for the 2007 Physician Schedule on November 1, 2006, which will soon be published in the Federal Register.

§      The final rule provides a 5% reduction in the 2007 Fee Schedule, which is just a slight change from the proposed 5.1% reduction…

On October 27, 2006, Pennsylvania Governor Edward Rendell signed Senate Bill 972, extending the MCARE malpractice subsidy through 2007. Physicians who are eligible for 100% abatement of their assessments are surgeons, neurosurgeons, orthopedic surgeons, obstetricians, emergency physicians, rural doctors who routinely deliver babies, certified nurse-midwives, and nursing homes. All other physicians and podiatrists are eligible for an…

“The U. S. District Court for the Middle District of Pennsylvania ruled that Lewistown Hospital was not entitled to recover the legal costs incurred fighting the allegations of Dr. Alan D. Gordon under the Sherman Act because the hospital could not show the claims brought by the ophthalmologist were frivolous or unreasonable, or brought in…

Restrictive covenants are often the most complicated clauses in a physician employment contract.  Medical practices and their lawyers are constantly striving to make these non-competition agreements more protective, more comprehensive and more enforceable.  Sometimes this "more is better" approach backfires!
Continue Reading Should You Have A Liquidated Damages Provision as Part of Your Restrictive Covenant?

Cowett v. TCH Pediatrics Inc. seems to endorse bad faith peer review, but a closer examination of the opinion should reveal a significant distinction between bad faith peer review and peer review involving legitimate peer review concerns in situations which also include bad faith motivations among the peer review entities.

After following the fair hearing…

The release of the August 2006 inflation figures has allowed calculation of the 2007 financial limits for health savings accounts (HSAs), according to a press release from HSA Clearing Corporation.

§      The maximum HSA contribution (excluding catch-up contributions) will be $2,850 for individual coverage and $5,650 for family coverage.

§      The minimum deductible…

Click here to read Mike Cassidy’s article published in Health Lawyers News, September 2006.

Copyright 2006 American Health Lawyers Association, Washington, D.C. Reprint permission granted.  Further reprint requests should be directed to American Health Lawyers Association 1025 Connecticut Avenue, NW, Suite 600 Washington, DC 20036, (202) 833-1100.  For more information on Health Lawyers content, visit us at

A health law news service recently reported a United States District Court holding that a physician whose privileges were summarily suspended and ultimately terminated by a Pennsylvania hospital could not prevail on antitrust or breach of contract claims asserted against the hospital based upon the federal and state peer review immunity statutes. Although it is accurate…

Med Law Blog Editor

About Our Practice Group

Tucker Arensberg’s Healthcare Practice Group includes some of the most experienced health law attorneys in the region. We handle the legal problems so our clients can handle the important work of caring for patients. We work with physicians, physical therapists, dentists, optometrists, and all other professional care givers to help them avoid the many legal traps of running a practice. Tucker Arensberg lawyers have experience in all major health law issues.