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
2010
And Here’s The CMS 10 Day Hold Notice for Medicare Physician Claims
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…
Medicare Physician Fee Schedule SGR 21.3% Decrease April 1, 2010
Senate failure to pass 30-day extension causes 21.3 percent cut to Medicare physician payments on April 1.
The Senate has adjourned for 2 weeks without postponing the Sustainable Growth Rate (SGR) Medicare Physician Fee Schedule reduction. For the past several months, since the problem arose 1/1/10, carriers have responded by advising physicians to …
WSJ’s Law Blog Analysis of Tort Reform – or the Lack Thereof!
On Tort Reform and the Health-Care Bill: Where’d We End Up?
We’ve long thought that the health-care bill teed up two fairly compelling legal issues. The first we’ve spilled many many pixels on in the last couple of days: Whether the bill (now a law) is constitutional.
The second we’ve paid a bit less…
Healthcare Reform Summary from NAMSS
NAMSS, the National Association of Medical Staff Services, has posted an early summary of the Healthcare Reform bill, which might be a little easier than reading the 2000+ page bill.
http://www.namss.org/Portals/0/Health%20Reform%20Summary.pdf
Tort Reform News
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.…
Stark Lease Violations Generate $1.5 in False Claim Penalties for Rush Medical
This is a Stark settlement that will send chills down the spines of hospital compliance officers. Rush Medical Center has entered into a Settlement Agreement with the DOJ, in which they agree to pay approximately $1.5 in False Claims Act Penalties.
The settlement arose out of a qui tam (whistleblower) lawsuit filed in July 2004. The…
Guidance Issued on HITECH Act Implementation Dates
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.
Huron Hospital (Cleveland Clinic) Case Highlights Appropriate Investigation and Discriminatory Treatment Issues
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…
Joint Commission Approves MS.01.01.01 effective March 31,2011
|
NAMSS announces the following: TJC Board of Commissioners Approves MS.01.01.01 Posted: 15 Mar 2010 11:40 AM PDT Chuck Mowll, Executive Vice President of Business Development and Government and External Relations, has announced that The Joint Commissioner’s (TJC) Board of Commissioners has approved the Task Force revision of MS.01.01.01 (formerly MS.1.20) for implementation. MS.01.01.01 will be |
…