The Wall Street Journal published an insightful article on Special Needs Planning in its Family Finances Section on October 9, 2008."An Estate Plan Built for Special Needs" highlights the emotional and financial challenges facing parents with special needs children and commonly employed planning methods. Special Needs Planning and Special Needs Trusts are not
2008
Pennsylvania Insurance Department Extends Comment Period for Highmark – IBC Merger Until October 14, 2008
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
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HHS and Covered Entity Agree to HIPAA Corrective Action Plan; $100,000 Penalty
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…
Congress Amends Americans with Disabilities Act
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…
An “Interim” HCQIA Peer Review Victory For Physicians
Cases denying hospitals’ summary judgment motions based upon the Health Care Quality Improvement Act (HCQIA) immunity are rare. Stratienko v. Chattanooga-HamiltonCountyHospital Authority (full text opinion below) is one of the exceptions in which the physician not only defeated the motion for summary judgment, but also obtained an injunction against the summary suspension.
The …
HHS Office for Civil Rights Issues Guidance on Communicating with A Patient’s Family, Friends, and Others Involved in the Patient’s Care
The U. S. Department of Health and Human Services Office for Civil Rights recently issued helpful guidance for health care providers relative to communicating with a patient’s family, friends or others involved in the patient’s care. The guidance contains a number of commonly asked HIPAA questions as well as a helpful chart relative to disclosures. This…
Mike Cassidy Included in The Best Lawyers in America 2009
Michael Cassidy has been included by his peers in the Health Care Law category in The Best Lawyers in America 2009. Best Lawyers is the oldest and most respected peer review publication in the legal profession, and has been compiling a list of best lawyers for 25 years. Best Lawyers is widely regarded within…
MS.1.20: Opportunity to Restore Medical Staff Governance and Establish Neutral Peer Review
Click on the link to view the article, MS.1.20: Opportunity to Restore Medical Staff Governance and Establish Neutral Peer Review, that was featured in the September 2008 edition of the ACMS Bulletin magazine.
Reporting Practice Changes to CMS
Once enrolled in the Medicare Program, physicians, other non-physician individual practitioners and physicians group practices are required to notify CMS of changes in their practice structures. These requirements are sometimes referred to as change in ownership (CHOW) rules. Physicians and other individuals are required to report the following on form CMS-855-I:
1. Change of business …
Medicare Adds False Claims Authority to Purchased Diagnostic Services
In an MLN Matters announcement, a copy of which is attached at the Link below, CMS has added False Claims Act implications to reporting purchased technical components of diagnostic services. While admittedly any intentional misreporting of the purchased services would be subject to False Claims Act implications, CMS has taken the uncertainly out of this matter …