May 2008

Issues arise when one re-publishes material created by others — i.e., another’s intellectual property. Generally, the intellectual property involves copyrights and trademarks/servicemarks. Text, images, and sounds on a web page may be copyrighted. Trademarks and servicemarks which are commercial identifiers for a particular company’s product or service are proprietary to that company. Both copyrighted and trademarked material must be…

Innovative Application of Section 1981 and Medical Staff By Laws as Contracts

Ennix v. Stanton (and Alta Bates Summit Medical Center) significantly broaden the use of 42 U.S.C. §1981 in credentialing cases. In this United States District Court case for the Northern District of California, the court denies the hospital’s motion for summary judgment, holding…

Your employment contract and practice ownership agreements (i.e. shareholder agreements, practice purchase agreements, partnership agreements) play a critical role in determining the direction of your career. These issues are critical at any time in your career, but may be most important, post-residency or fellowship, when you are taking that first step. It is always important…

Everyone has heard of the term "trade secret" but what exactly is it? This article provides an overview of trade secrets law in Pennsylvania.

1.         What kind of information is considered a "trade secret"?

In 2004, Pennsylvania adopted the Uniform Trade Secret Act ("UTSA"). The Pennsylvania statute now defines a "trade secret" as follows: "[i]nformation, including…

On May 2, 2008 CMS issued a policy update regarding services provided incident to the services of a physician/non physician practitioner. The purpose of the publication was to clarify policies related to Part B Services provided incident to the services of physicians. The publication clarifies common incident to issues such as the documentation required to authorize the…

The Kadlec case is the latest in the trend to find hospitals and physicians liable for "negligent credentialing." The theory is that hospitals are responsible if they allow incompetent physicians to operate on patients at their facilities. This first phase of negligent credentialing has been on the books for almost twenty years.Continue Reading KADLEC REVERSED: HOSPITAL ABSOLVED OF NEGLIGENT CREDENTIALING BUT PRIVATE PRACTICE PHYSICIANS REMAIN LIABLE

Lawmakers concerned about Medicare’s competitive bidding program.

The Wall Street Journal (5/6, A4, Mathews) reports that on Tuesday, the U.S. House Ways and Means Health Subcommittee will hold a hearing on the Centers for Medicare and Medicaid Services’ (CMS) proposed "plan to use competitive bidding for products such as wheelchairs and walkers." Rep. Pete Stark…

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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.