The Office of Inspector General of the Department of Health and Human Services has issued Advisory Opinion No. 09-05, which states that the OIG will not impose sanctions regarding a proposed on call arrangement in which the hospital will compensate physicians for providing on call coverage for patients presenting to the hospital or emergency department. The
May 2009
HCQIA Immunity Requires Due Process
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Hussein vs. Duncan Regional Hospital, United States District Court for the Western District of Oklahoma denied immunity under the Health Care Quality Improvement Act (HCQIA) to Duncan Regional Hospital because it terminated a physician’s privileges and reported him to the National Practitioners Data Bank (NPDB) without providing notice or an opportunity to be…
President Signs Major Whistleblower Anti-Fraud Law
By Michael Cassidy on
Posted in Compliance
Washington, D.C. May 20, 2009. Today President Barack Obama signed the Fraud Enforcement and Recovery Act of 2009. The Act significantly expands protections for whistleblowers who expose fraud in federal contracting.
This new law fixes problems in the False Claims Act, extends whistleblower protections to those who work for contractors and provides new
…
UPMC Faces Class Action Alleging Fair Labor Standards Act Meal Break Violation
By Michael Cassidy on
Posted in Legal News
A federal judge has conditionally certified a class of potentially 85,000 current and former employees of the University of Pittsburgh Medical Center (UPMC) in a Fair Labor Standards Act lawsuit challenging UPMC’s meal break policy. Conditional certification means that plaintiffs will be able to notify all current and former non-exempt employees from the past three years…
The Paper Chase – New Family And Medical Leave Notice Requirements
By Paul Welk on
Posted in Legal News
The Department of Labor recently issued new amendments to the Family and Medical Leave Act (FMLA). Those amendments have added to the notice requirements under the act, creating both a paperwork chore for businesses and a potential legal trap if the required notices are not provided. This Alert summarizes the new notice requirements.
General Notice
The General Notice must be…
Highmark Medicare Services Teleconference On Billing Of Time Units For Physical And Occupational Therapy Services
By Paul Welk on
Posted in Medicare & Reimbursement
Highmark Medicare Services will be hosting a teleconference on May 15, 2009 at 12:00 p.m. Eastern to discuss the billing of time units for physical and occupational therapy services. The teleconference may reference issues such as CMS Online Manual, Pub. 100-2, Chapter 15, Sections 220 and 230; Change Request CR6321; Frequently Asked Questions…
Tennessee State Law Immunizes Neglegant Credentialing
By Michael Cassidy on
Posted in Credentialing and Peer Review
Most participants in the credentialing process are familiar with state statutes providing peer review immunity and confidentiality. The Tennessee statute analyzed in Smith v. Pratt and HCA Health Services of Tennessee, Inc. /d/b/a CentennialMedicalCenter take that immunity one step further.
In this malpractice case, the court held that Tennessee Code § 63-6-219 provides immunity…
Nevada U.S. District Court Enjoins Data Bank Report and Denies HCQIA Immunity
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Chudacoff vs. UniversityMedicalCenter of Southern Nevada, et al., the United States District Court for the District of Nevada granted partial summary judgment on behalf of Richard M. Chudacoff, M.D., enjoining University Medical Center from reporting Dr. Chudacoff to the National Practitioner Data Bank, and granted summary judgment on Dr. Chudacoff’s…
Utilizing Employment Contracts To Protect A Practice’s Investment In Its Employees
By Paul Welk on
Posted in Physical Therapy
Physical therapy practices invest significant time, money and effort in employee development. Given the significance of the investment in its employees, the practice should consider how to protect this investment. In many jurisdictions this can be accomplished through an employment agreement containing a restrictive covenant, often referred to as a "non-compete". To learn more about…
Employee-Related Records – Can I Ever Throw This Stuff Out?
By Paul Welk on
Posted in Physical Therapy
As a practice grows, it often finds itself with file cabinets full of employee related records and asking the question "Can I ever throw this stuff out?". While certain records can be discarded, it is important to remember that there are state and federal requirements for the retention of employee related records. For a user…