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.

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.

 Contributed by Paul Welk

pwelk@tuckerlaw.com, 412.594.5536

Orthopedic Institute of Pennsylvania ("OIP") and the Department of Health and Human Services Office for Civil Rights recently settled a Complaint filed by a prospective patient who is deaf. The Complaint was filed after OIP declined the patient’s request for a sign language interpreter when he called to schedule

 President Obama has signed H.R. 4691, "The Temporary Extension Act of 2010", into law. H.R. 4691 re-instates the therapy cap exceptions process until March 31, 2010. Outpatient therapy service providers may now submit claims with the KX modifier, when an exception is appropriate, for services furnished on or after January 1, 2010 through March 31

 Contributed by Piyush Seth

412.594.5640, pseth@tuckerlaw.com

The filing period for new H-1B petitions for Fiscal Year 2011 (FY 2011) begins on April 1, 2010.  The annual quota limit for cap subject H-1B petitions remains at 65,000 for standard cases and 20,000 for those with U.S. Masters degree or higher.  There is a 6,800 H-1B’s set aside for citizens/nationals

Courtesy of the MGMA

Barring last-minute action by Congress, the 21.2 percent cut to Medicare physician payments will take effect next Monday, March 1. Despite previous indications that the Senate was considering an amendment to an anticipated job-creation bill to avert the cut, no clear legislative pathway for relief has yet been defined.  Medical Group

The Health Information Technology for Economic and Clinical Health Act ("HITECH") provisions of the American Recovery & Reinvestment Act of 2009 ("ARRA") contain a number of changes affecting the compliance obligations of covered entities and business associates under HIPAA. Many of the key provisions of HITECH are effective as of February 17, 2010 and it

Contributed by Paul J. Welk, Esq.

412.594.5536, pwelk@tuckerlaw.com

In a letter dated January 27, 2010, the American Medical Association, American Veterinary Medical Association, American Osteopathic Association and American Dental Association wrote to the Federal Trade Commission ("FTC") asking that the FTC make it clear that in light of a recent court decision, the Red Flags