December 2009

  Thanks to the commenters of the linkedIn Health Innovations Group for highlighting the Harvard study concluding that hospital computing modestly improves processes, juxtaposed with CMS announcement of intent to publish EMR incentive payment  and meaningful use regs in early January.

http://www.federalregister.gov/OFRUpload/OFRData/2009-31217_PI.pdf

http://www.amjmed.com/webfiles/images/journals/ajm/AJM10662S200.pdf

The Pennsylvania Supreme Court issued a majority opinion yesterday, December 29, 2009, vacating the Superior Court’s Bowmaster holding and reinstating the Order of the Court of Common Pleas of Centre County dated November 6, 2006.  E.D.B., v. Gerald Clair and Centre Community Hospital, No. 78 MAP 2008 (December 29, 2009), available at J-42-2009mo.pdf

American Health Lawyers Assocaition has reported:

President Obama Signs into Law a Temporary Fix to Physicians’ Medicare Reimbursement
By Jeffrey Moore , Phelps Dunbar LLP

On December 19, 2009, President Barack Obama signed the Department
of Defense Appropriations Act, 2010 (H.R. 3326), into law, which freezes Medicare physician payments for two months, avoiding a

MedLawBlog was recently recognized in the ‘Best of Law Blogs’ for Mike Cassidy’s ‘New Year’s Predictions for Health Care’ posting.  Kevin OKeefe named the MedLawBlog, for the health care industry, among a list of law blogs containing predictions for 2010. 

Please click here to see the full list of blogs named and stay posted to the

 Contributed by Paul Welk, Esquire

412.594.5536, pwelk@tuckerlaw.com

In Liss & Marion PC v. Recordex Acquisition Corp., the Pennsylvania Supreme Court examined whether a class of law firms who requested medical records could recover alleged overcharges from a copying services company hired by medical care providers to fulfill their record requests. The Supreme Court’s

December is always a timely month for making New Year’s predictions, but especially so for health care, given the national debate on health care reform. A recent article by the Medical Group Management Association (MGMA) contained five health care predictions, which not surprisingly form the core of the various health care reform proposals:

1.  

To the extent possible and in consideration of possible legislative changes, the Centers for Medicare & Medicaid Services (CMS) is working with Congress, health care providers, and the beneficiary community to avoid disruption in the delivery of health care services and payment of claims for physicians, non-physician practitioners, and other providers of services paid

In Kentucky, common law president permits discovery of peer review documents. Ohio Rev. Code § 2305.252 protects peer review discovery.

In Saleba v. Schrand, the estate of a Kentucky resident sued an Ohio physician and Good Samaritan Hospital, located in Cincinnati, Ohio, in Kentucky based upon the results of medical services performed in Ohio. The Kentucky