2008

An Appellate Court in Tennessee recently held that a medical practice can enforce a medical noncompete agreement with a certified orthotist who took a job with a competitor due to the protectable interest that the practice had in the training that they provided to the employee who then acquired a specialized skill.  The Court also …

I would like to thank all of the subscribers and users of the Medlaw Blog. July 2008 was a record setting month for the Medlaw Blog. We had more than 5,300 visits. We appreciate the support and welcome any suggestions you might have for content that you would like to see on Medlaw Blog.…

The Fifth Circuit reversed the dictrict court holding in the Poliner case, and concluding that the hospital had conducted an appropriate investigation and was therefore entltled to HCQIA immunity.

As with most of these cases, the law is fairly clear and the facts are the issue. In Poliner, the physician was asked or coerced into accepting…

In follow up to a previous posting, the Wall Street Journal recently reported that the Medicare Recovery Audit Contractor Program has identified 1.03 billion dollars of improper payments over the past three years, about 992.7 million dollars of which were over-payments by Medicare. While the Recovery Audit Contractor Program is currently underway in six states, Medicare…

CMS is acknowledging the continued interest in Pay for Performance ("P4P") and gainsharing ideas, and is issuing a specific self-referral exception in Anti-Kickback Safe Harbor to permit these programs.  P4P programs are being hereinafter referred to as incentive payments, and gainsharing programs are now being referred to as shared savings programs. 

 

The …

Congress Overrides Medicare Veto

The House voted 383 to 41 to override the veto, while the Senate voted 70 to 26, in both cases far more than the two-thirds necessary to block the president’s action.

With organized medicine and other lobbies promoting the popular measure in an election year, Republicans broke heavily from the White

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The House voted 383 to 41 to override the veto, while the Senate voted 70 to 26, in both cases far more than the two-thirds necessary to block the president’s action.

With organized medicine and other lobbies promoting the popular measure in an election year, Republicans broke heavily from the White House. A total…

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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.