October 2009

A laptop containing personal information for hundreds of thousands of physicians, including many in Pennsylvania, has been stolen.

According to a letter Highmark sent to its affected network physicians, the stolen laptop belonged to an employee of the national Blue Cross and Blue Shield Association (BCBSA), who violated company policy by transferring provider network data

Prior to passage of the Medicare Modernization Act of 2003 (MMA), CMS was not restricted in recouping overpayments, despite the provider’s ongoing appeal rights.

Finally, as of November 16, 2009, CMS will implement new rules required by MMA to restrict immediate recoupment. Section 1892(f) of the Social Security Act prohibits recoupment of overpayment during a supplier

The following is the Med Law Blog’s Top 10 List for Areas of Interest in the OIG 2010 Work Plan for physicians and providers, which will draw particular scrutiny next year:

1.         Medicare Incentive Payment for E-Prescribing

2.         Practice Expense Components of Diagnostic Imaging

3.         Outpatient Physical Therapy Services by Independent Therapists

4.         Place of

In Isaiah v. WMHS Braddock Hospital Corporation and Memorial Hospital and Medical Center of Cumberland, the Fourth Circuit affirmed an order granting summary judgment against Dr. Isaiah in favor of WMHS Braddock Hospital on the basis that summary judgment was appropriate under both HCQIA and the Maryland statutes providing immunity for peer review activity

This is just a reminder of the effective date for certain new Stark Rules:

1.         CMS prohibits percentage formulae conjunction with space on equipment leases, fair market value exception transactions and indirect compensation effective October 1, 2009.

2.         Per click leases are prohibited effective October 1, 2009.

3.         "Under arrangement" relationships have been changed because