October 2008

There has been some consternation whether the FTC Red Flag rules applied to medical practices as creditors. Organized medicine has been seeking clarification. which has not been forthcoming. Fortunately, this 6 month delay should allow somtime to review this issue.

FTC Will Grant Six-Month Delay of Enforcement of ‘Red Flags’ Rule Requiring Creditors and Financial Institutions

Advisory Opinion 08-16, the text of which is linked below, involved a nonprofit hospital’s Pay for Performance (P4P) program with a commercial insurer and certain physicians on the hospital’s medical staff. Under the P4P program, the insurer pays the hospital bonus compensation calculated as percentage of the annual base compensation it otherwise pays to the

The Pennsylvania legislature has enacted the attached law, called the "Prohibition of Excessive Overtime in Health Care Act," that is expected to be signed by Governor Rendell. The law prohibits hospitals, ambulatory surgery centers, and long-term care providers from requiring nurses and other clinical-care workers to work overtime. This ban excludes doctors, physician assistants, and

On October 6, 2008 CMS announced its intent to aggressively enhance its efforts to find and prevent waste, fraud and abuse in Medicare. In particular, CMS indicated that it intends to work directly with beneficiaries to insure that they are properly receiving the durable medical equipment and home health services for which Medicare was billed and

This page is dedicated to the Form A Filings for
Highmark, Inc. and Independence Blue Cross.

On Friday, April 27, 2007, the Insurance Department received two transactional filings, known as Form A filings, for the acquisition of Highmark, Inc. and Independence Blue Cross Pennsylvania domestic insurance company subsidiaries by NEWCO, a yet to be

The U.S. Department of Health and Human Services ("HHS") recently entered into a Resolution Agreement with Providence Health & Services ("Providence") of Seattle to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy and Security Rules. Under the Resolution Agreement, Providence agrees to pay $100,000 and implement a corrective

On September 26, 2008, President Bush signed into law the ADA Amendments Act of 2008 ("ADAAA"). The ADAAA are a significant change to the ADA, designed to reverse rulings handed down by the courts that Congress believed had limited the ADA in ways that were not intended when that landmark legislation was passed.

Perhaps the most