2010

Physician credentialing disputes often involve and may depend upon proof of “unequal treatment.” These situations arise when hospitals allege certain substandard performance or conduct by physicians, but the physician’s defense is that they are no different than anyone of the physicians, that the issues are common and that they are being discriminated against. In order to prove

Contributed by Lee Kim

412.594.3915, lkim@tuckerlaw.com

The US Department of Health and Human Services ("HHS") is withdrawing the breach notification final rule under HITECH from OMB review to allow for further consideration, given the Department’s experience to date in administering the regulations.  This is in response to the public comments received in light of the

Contributed by Lee Kim

412.594.3915, lkim@tuckerlaw.com

Under HIPAA, both covered entities (e.g., health plan, health care clearinghouse, and health care providers) and business associate (i.e., individuals or entities that use or disclose protected health information ("PHI") on behalf of the covered entity) are required to comply with the Privacy and Security Rules.  The HIPAA

In Scampone v. Grane Healthcare Company and Highland Park Care Center, the Superior Court of Pennsylvania reversed and remanded the trial court decision regarding nursing home liability, holding that a nursing home, just like a hospital or health maintenance organization, could be subject to corporate liability for negligence, in addition to vicarious liability for

On July 12, 2010 CMS published the proposed rules to implement the 50% Civil Money Penalty (CMP) reductions for nursing homes that self-report compliance violations. The potential for the 50% reductions was enacted by Section 6111 of the Patient Protection and Affordable Care Act (PPACA), and is available under the following conditions:

1.         The nursing home

Fox v. Good Samaritan presents two interesting variations on issues commonly raised in peer review cases. The case originated 10 years ago and arises out of the suspension of Dr. Fox after he refused to designate a coverage physician with clinical privileges equal to his own. When Good Samaritan Hospital suspended his clinical privileges, following medical staff