The federal government will present oral arguments today to a three-judge panel at the 11th Circuit Court of Appeals in Atlanta for State of Florida et al. v. U.S. Department of Health and Human Services et al. (Docket No. 11-11021). The federal government has appealed a ruling by a Florida judge who declared the
2011
Physician Cannot Revoke Settlement Agreement
By Michael Cassidy on
Posted in Credentialing and Peer Review
Bissada v. Arkansas Children’s Hospital (the “Hospital”) presents an atypical peer review case. The Eighth Circuit Court of Appeals affirmed summary judgment entered on behalf of the Hospital by the District Court on the basis of the existence of a Settlement Agreement, instead of relying upon the usual HCQIA peer review immunity protections.
Dr. Bissada practiced…
a Notice of Proposed Rulemaking on HIPAA Accounting
By Michael Cassidy on
Posted in HIPAA, HIT, and EHR
Contributed by Lee Kim
412.594.3915
lkim@tuckerlaw.com
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The Department of Health and Human Services has issued a Notice of Proposed Rule Making (NPRM) to modify the HIPAA Privacy Rule as necessary to implement the accounting of disclosures provisions of the HITECH Act. An advance copy of the NPRM has been posted here at the…
Republican Senators Seek ACO Revisions
By Michael Cassidy on
Posted in Medicare & Reimbursement
Seven GOP Senate Finance members wrote a letter to HHS Secretary Kathleen Sebelius and CMS Administrator Don Berwick suggesting that due to the outpouring of concern from the provider community — including key health care integrated systems such as the Mayo Clinic, Billings Clinic, Intermountain Healthcare and Cleveland Clinic — CMS officials should pull the…
Pennsylvania Supreme Court Announces Latest Medical Malpractice Data Shows Number of Filings Reach New Low
By Michael Cassidy on
Posted in Legal News
A total of 1,491 malpractice lawsuits were filed in 2010, according to a report released last week by the Administrative Office of Pennsylvania Courts.
Court officials reported that 163 cases reached a jury, and 133 verdicts – 81 percent – favored the defense.
Chief Justice Ronald Castille said there’s been a 45 percent decline in…
CMS Announces National Version 5010 Testing Day
By Michael Cassidy on
Posted in HIPAA, HIT, and EHR
CMS Announces National Version 5010 Testing Day
Wednesday, June 15, 2011
The Version 5010 compliance date – Sunday, January 1, 2012 – is fast approaching. All HIPAA-covered entities should be taking steps now to get ready, including conducting external testing to ensure timely compliance. Are you prepared for the transition? Medicare Fee-for-Service (FFS)…
EASIER SOFTER ACOs
By Michael Cassidy on
Posted in Legal News
Although the ink is barely dry on the proposed regulations for Accountable Care Organizations (ACOs), there are already harbingers that ACOs may not be the Health Care Reform savior they were intended to be.
First, a study by the American Hospital Association states that the estimate initially made by CMS for the cost of…
First Medicare Electronic Health Record (EHR) Incentive Payments Will Be Issued This Week
By Michael Cassidy on
Posted in HIPAA, HIT, and EHR
According to a CMS news update issued today, the first incentive payments for the Medicare EHR incentive program will be sent out this week. Providers who have successfully attested to meeting the meaningful use requirements and who have met other program requirements can expect to receive their incentive payments for the 2011 payment year sometime soon.…
Ban on Physician Owned Hospitals Ruled Constitutional
By Michael Cassidy on
Posted in Fraud - Stark
In Physician Hospitals of America v. Sebelius, the U.S. District Court for the Eastern District of Texas upheld § 6001 of the Patient Protection and Affordable Care Act of 2010 (PPACA), which prohibits new physician owned hospitals and the expansion of those already existing.
Meaningful Use and Attestation
By Michael Cassidy on
Posted in HIPAA, HIT, and EHR
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- The Attestation
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