March 2010

Cases with opposing interpretations on this issue were decided within the past month. Heretofore, the basic question had been whether medical staff bylaws constituted contracts under state law. The majority of courts deciding these cases have concluded that medical staff bylaws were valid contracts. In the states with the opposite holdings, the basic theory was that bylaws merely…

Information Regarding the Holding of April Claims for Services Paid Under the

2010 Medicare Physician Fee Schedule (3-26-2010)

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…

1.         The Georgia Supreme Court struck down caps or limits on non-economic damages as unconstitutional according to Georgia state law. The Georgia state constitution provides that “the right to a jury trial shall remain inviolate,” and the state law limiting a jury’s right to award damages would circumvent that right. See AtlantaOculoplastic Surgery v. Nestlehutt.…

Although the effective date of February 17, 2010 for many HITECH Act provisions has passed, Health and Human Services Office of Civil Rights has announced that, through notice and comment rulemaking, it will provide specific information regarding the expected date of compliance and enforcement of the HITECH Act requirements.

In Badri v. Huron Hospital, which is part of the Cleveland Clinic Health System, the District Court for the Northern District of Ohio granted summary judgment to the defendant hospital in which Dr. Badri was alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and the typical emotional distress, tortuous interference, defamation…

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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.