March 2012

Contributed by: Lee Kim, Esq.

412.594.3915

In a unanimous decision, the US Supreme Court held that the claims in Mayo Collaborative Services v. Prometheus Laboratories, Inc. (Docket No. 10-1150) effectively claim a law of nature and are therefore not patent eligible under 35 U.S.C. 101.  The claims in the Mayo decision were directed to a process

Contributed by: Lee Kim, Esq.

412.594.3915

Previously, we commented on the ONC Mobile Devices Roundtable on March 16, 2012.  Now, the video and other materials are available online.  These materials may be accessed via the following link: http://healthit.hhs.gov/portal/server.pt/community/healthit_hhs_gov__mobile_devices_roundtable/3815?q=mobiledevicesroundtable#archive.  (ONC has a Youtube video channel.  This link leads to that for the video content.)

 

EXECUTIVE SUMMARY: QUESTIONABLE BILLING FOR MEDICARE INDEPENDENT DIAGNOSTIC TESTING FACILITY SERVICES

OEI-09-09-00380

WHY WE DID THIS STUDY

Independent Diagnostic Testing Facilities (IDTF), a type of Medicare provider, offer diagnostic services and are independent of physicians’ offices or hospitals. IDTF services have historically been vulnerable to abuse. In 1997, the Office of Inspector General found that

Contributed by: Lee Kim, Esq.

412.594.3915

The HITECH Breach Notification Rule requires covered entities to report an impermissible use or disclosure of protected health information, or a “breach,” of 500 individuals or more to HHS and the media.  Smaller breaches affecting less than 500 individuals must be reported to the secretary on an annual basis. 

In Edwards v. Geisinger Clinic the Third Circuit held that a health clinic’s statement to a physician and to immigration officials regarding a physician’s “at least three year” employment did not create an employment contract.

A physician took a job with a health clinic with the understanding that he must work at the clinic for

The Healthcare Fraud Prevention and Enforcement Action Team (HEAT) and the Office of Inspector General have posted a Toolkit consisting of a series of podcast training videos on the following subjects:

·       How to Use the Exclusions Database

·       How to Report Fraud to the OIG

·       OIG’s Self-Disclosure Protocol

·