February 2008

PEER REVIEW NEWS: NEVER RESIGN PREMATURELY

Catholic Health Initiatives v. Gross is an excellent example of why premature resignations of medical staff privileges could have permanent adverse consequences. Dr. Gross was recruited by Centura Health – St. Thomas Moore Hospital, which is operated by Catholic Health Initiatives. Shortly after the commencement of the contract, Dr. Gross was involved

SIMPLE CMS EXPLANATION OF MEDICARE PHYSICIAN FEE SCHEDULE

CMS issued a relatively simple explanation of the Medicare Physician Fee Schedule on February 19, 2008. The release is entitled The Revised Medicare Physician Fee Schedule Fact Sheet for January 2008. It explains the following:

1.     the work, practice expense, and malpractice expense components of the RVU formula;

BY: Kenneth M. Ventresca, Esq., Lisa M. Ventresca, Esq. and Michael Cassidy, Esq.

Foreign Medical Graduates (FMGs) who reside and are employed in the United States on a J-1 Visa generally are required to return to their home country for a period of two (2) years as a prerequisite for applying for permanent residency or an H1B Visa. This requirement is known as the foreign residency requirement and constrains the immigration options for FMGs on J-1 Visas. The only way to get around the foreign residency requirement is to obtain a waiver.Continue Reading Waiver Options for Foreign Medical Graduates on J-1 Visas

PENNSYLVANIA HOSPITAL IMPOSES MANDATORY CALL

AND TERMINATES CLINICAL PRIVILEGES

Lehigh Valley Hospital has terminated the clinical privileges of three orthopedic hand surgeons because they won’t accept every hand injury case transferred to the Cedar Crest emergency room. The story was reported in the February 17, 2008 edition of the Morning Call and the full story can

On January 25, 2008 CMS published a proposed rule which clarifies and expands the current enrollment requirements that durable medical equipment and prosthetics, orthotics and supplies ("DMEPOS") suppliers must meet to establish and continue to have billing privileges in the Medicare Program. These provisions may affect the ability of physical therapists to provide DMEPOS to their

Levy v. Clinton Memorial Hospital, a recent Ohio state court case, confirms the longstanding concept that hospitals may close medical staffs or departments for quality of care reasons, but also reaches the absurd legal conclusion that medical staff bylaws do not constitute contracts and that clinical privileges are equipment specific. 

FACTS

Clinton Memorial Hospital