In Georgopoulos v. Humility of Mary Health Partners Inc., Dr. Georgopoulos was placed upon a six month surgical proctoring requirement because of extended operating times and excessive use of blood products. In addition to many procedural defenses, Dr. Georgopoulos’s primary substantive defense is that his patient survival and freedom from major cardiac events
2011
UCLA Health System Settles HIPAA Privacy and Security Case
UCLA Health System ("UCLAHS") has agreed to settle potential HIPAA Privacy and Security Rule violations for $865,000 after an investigation by the Department of Health and Human Services Office for Civil Rights ("OCR"). UCLAHS has committed to a corrective action plan for compliance purposes.
“Covered entities are responsible for the actions of their employees. This is…
CMS Approves Physician Recruitment Contracts with Restrictive Covenants
In CMS Advisory Opinion AO-2011-01, CMS has issued a favorable advisory opinion allowing the physician recruitment arrangement with a hospital and a physician practice which imposes a restrictive covenant upon the recruited physician.
Restrictive covenants and recruitment arrangements had initially been prohibited by the Stark Rules. However, bowing to industry comment, CMS amended the physician…
Google Pulls The Plug on Google Health
Google announced it will shut down its Google health personal health record service by the end of this year. The Company plans to make existing data recoverable through the end of 2013, after which it will be permanently deleted.
CMS Releases 2012 Medicare Physician Fee Schedule
The 2012 Medicare Physician Fee Schedule is out!
It contains a proposed Medicare Conversation Factor of $23.9635. This is a 29.5% DECREASE, mandated by the Sustainable Growth Rate (SGR) formula.
Med Law Blog will be presenting analysis of key additional provisions in the coming weeks.
Deadline for Medicare E-Prescribing is June 30, 2011
Eligible professionals (EPs) must successfully e-prescribe for Medicare patients 10 times before June 30, 2011 using claims-based reporting to avoid the penalty in 2012. Earning the e-prescribing incentive for 2011 will not necessarily exempt an EP or group practice from the 1 percent penalty starting on January 1, 2012. For 2013, the 1.5 percent penalty is based…
Maine Supreme Court Enforces Restrictive Covenant, But Allows Liquidated Damages
Several physicians employed by Court Street Family Practice, a division of the Sisters of Charity Health Systems Inc. (Health System) resigned to join a competing practice owned by a competing health system. The employment contracts included a “Limitation of Practice” clause which “forbade them from practicing medicine with Central Maine Health Care Corporation, its affiliates or…
HIMSS12
FOR IMMEDIATE RELEASE–June 10, 2011
Contact: Rosemary Martinelli, Tucker Arensberg, P.C., 412-594-3919
PITTSBURGH ATTORNEY SELECTED AS PEER REVIEWER FOR NATIONAL HEALTH CARE INFORMATION TECHNOLOGY CONFERENCE
Pittsburgh, PA–Intellectual property and healthcare information technology law attorney Lee Kim has been selected to the national peer review panel for the 2012 annual conference of HIMSS–Health Information Management Systems Society. Ms.
Medicare EHR Incentive Program Deadline for Hospitals Soon Approaching
The last day for eligible hospitals and critical access hospitals to begin their 90-day reporting period for this fiscal year for the Medicare EHR incentive program is July 3, 2011. Hospitals and critical access hospitals must begin their 90-day reporting period by this date if they still want to successfully demonstrate meaningful use and…
HIPAA 5010 Testing for Small Practices
The deadline to be in compliance with Version 5010 HIPAA electronic administrative transactions is January 1, 2012. All physicians, other health care professionals, payers, and clearinghouses that electronically submit HIPAA transactions will be required to comply. Risks associated with failing to comply include claim rejections and interrupted cash flow.
Free webinars are available through the GetReady5010…