December 2009

The Montana Supreme Court held in John Doe, M.D. v. Community Medical Center that the Health Care Quality Improvement Act (HCQIA) does not preempt state law regarding injunction and breach of contract, thereby allowing the lower court to issue an injunction against Community Medical Center prohibiting it from issuing a Data Bank report regarding the

This article pertains to Change Request (CR) 6740, which alerts physicians and non-physician practitioners that effective January 1, 2010, the Current Procedural Terminology (CPT) consultation codes (ranges 99241-99245 and 99251-99255) are no longer recognized for Medicare Part B payment. Effective for services furnished on or after January 1, 2010, physicians and non-physician practitioners should code

Effective January 1, 2010, CPT Consultation Codes ranges 99241-99245 and 99251-99255 will no longer be recognized for Medicare Part B Payment. For services furnished after January 1, 2010, physicians and non-physician practitioners should code patient evaluation and management visits with E/M codes that represent where the visit occurs and identifies the complexity. CMS has published MLN Matters

Contributed by Piyush Seth, Esquire

pseth@tuckerlaw.com or 412.594.5640

Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009 (H.R. 4321) has been introduced by Rep. Gutierrez (D-IL) on December 15, 2009 along with 87 other members of the House of Representatives.  The proposed legislation covers comprehensive immigration issues that include, enforcement, legalization

Contributed by Lee Kim, Esquire

lkim@tuckerlaw.com or 412.594.3915

1)  Access control under 45 C.F.R. §312(a).

Policies and procedures must be implemented for information systems that maintain ePHI to ensure that only those persons or software programs that have been granted access rights.

In particular, a unique user identification must be assigned to each

Contributed by Nora E. Gieg, Esquire

ngieg@tuckerlaw.com or 412.594.3940 

Pennsylvania’s Health Care Facilities Act, as amended, requires the Pennsylvania Department of Health to license home care agencies and home care registries. Home care agencies and registries respectively employ and refer direct care workers who provide home care services. Home care services include assistance with bathing

The Governor’s Office of Health Care Reform ("GOHCR") has announced a proposed strategic plan for the Pennsylvania Health Information Exchange ("PHIX"). The plan proposes a strategy for transitioning to electronic health records to promote efficiency, cut costs, and provide better quality of care. The deadline for submitting comments to GOHCR is December 20, 2009.

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