2008

Independent Diagnostic Testing Facility Developments

 

            The 2009 Medicare Physician Fee Schedule Regulations include two provisions regarding Independent Diagnostic Testing Facilities. 42 CFR §410.33 has been supplemented with two additional subsections.

            First, Section (16) states all entities that provide diagnostic imaging services to Medicare beneficiaries will be required to enroll as IDTFs regardless

The revised Anti-Markup Final Rules were published by CMS on November 19, 2008 in the Federal Register, as part of the Medicare 2009 Physician Fee Schedule. The entire text of the 2009 Medicare Physician Fee Schedule and the related rules, i.e. Anti-Markup, Independent Diagnostic Testing Facility, physician referral issues, etc. were posted by the Med

Dr. Poliner has petitioned the United States Supreme Court to review the Fifth Circuit decision dismissing his claims against Texas Health Systems based upon immunity under the Health Care Quality Improvement Act. Dr. Poliner is arguing that the Fifth Circuit in particular and courts in general have gone too far in granting immunity under the "objective

CMS published the final rule containing the Medicare Physician Fee Schedule for 2009 on November 19, 2008. Included in the final rule are:

1.         Confirmation of the 1.1% Physician Fee Schedule increase for 2009.

 

2.         Designated Health Service list for 2009 for Stark/Physician Self-Referral purposes.

 

3.         Final performance standards for Independent Diagnostic Testing

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