Category Archives: Legal News

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HHS imposes a $4.3 million civil money penalty for violations of the HIPAA Privacy Rule

Contibuted by Paul J. Welk pwelk@tuckerlaw.com; 412.594.5536 The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a Notice of Final Determination, marking the first civil money penalty issued by HHS for HIPAA Privacy Rule violations, finding that Cignet Health of Prince George’s County, Md., (Cignet) violated the Privacy … Continue Reading

10 Amazing, Emerging Advances

Every once in a while we try to provide some information that is interesting, helpful and a little different than our usual fair. I have attached a link to an article provided by nursingschools.net describing amazing emerging advances in medical technology. For the readers who would like more of this type of information, I have added nursing.net … Continue Reading

AMA Publishes Embezzlement Warning

  Experts Say Medical Office Embezzlement Common At Medical Practices, Particularly At Start Of Year. American Medical News (1/17, Elliott) reported that medical office embezzlement "is common at medical practices, and experts say the risk is especially high at the beginning of the year." This is because "patients are paying an ever-larger share of their … Continue Reading

Proposed Affordable Care Act Regulations

Proposed regulations for the Affordable Care Act were announced today.  Insurers in all states are now required to publicly justify any unreasonable rate increases starting in 2011.  For 2011, proposed rate increases of 10 percent or higher will be publicly disclosed and thoroughly reviewed. Links: http://www.hhs.gov/news/press/2010pres/12/20101221a.html http://www.whitehouse.gov/photos-and-video/video/2010/12/21/white-house-white-board-health-reform-rate-review http://www.ofr.gov/OFRUpload/OFRData/2010-32143_PI.pdf  … Continue Reading

Obama Care Ruled Unconstitutional by Virginia Court

  (CNN) — A Virginia federal judge on Monday found a key part of President Barack Obama’s sweeping health care reform law unconstitutional, setting the stage for a protracted legal struggle likely to wind up in the Supreme Court. U.S. District Judge Henry Hudson struck down the "individual mandate" requiring most Americans to purchase health … Continue Reading

Pennsylvania 2011 Medical Records Costs

DEPARTMENT OF HEALTH Amendments to Charges for Medical Records   Under 42 Pa.C.S. 6152 and 6155 (relating to subpoena of records; and rights of patients), the Secretary of Health (Secretary) is directed to adjust annually the amounts which may be charged by a health care facility or health care provider upon receipt of a request … Continue Reading

House Passes Legislation on Red Flags Rule

Contributed by Paul J. Welk pwelk@tuckerlaw.com, 412.594.5536 On December 7, the House of Representatives passed S. 3987, the Red Flag Program Clarification Act of 2010. The Red Flags Rule requires financial institutions and creditors to develop and implement a written identity theft program.  This legislation would exempt physical therapists and other health care providers from the forthcoming … Continue Reading

Red Flag Program Act of 2010

On November 30, 2010 the U.S. Senate passed the Red Flag Program Act of 2010 (Senate Bill 3987 available at http://thomas.loc.gov/) which seeks to exempt certain health care providers from the Red Flags Rule.  The bill will next be considered by the House.  Please check back for future updates on this legislation.… Continue Reading

Immunity Provisions Of Medical Staff Bylaws Constitute Contract

In Kandel v. The Nebraska Medical Center, Dr. Kandel sought an injunction against the Medical Center for reporting Dr. Kandel to the National Practitioner Data Bank after surrendering his medical staff privileges while being under an investigation. The Nebraska Trial Court granted a Motion for Summary Judgment by the hospital and the Nebraska Appeals Court … Continue Reading

Stark Imaging Self Disclosure Rules

The 2011 Medicare Physician Fee Schedule adds an additional requirement to the in-office ancillary services exception of the Stark Rules. New Section 411.355(b)(7) requires that providers of MRI, CT and PET services must provide a written notice to the patient at the time of the referral, advising that the patient may receive the same services from … Continue Reading

The 2011 Limits for Qualified Retirement Plans

As they do every year, the Internal Revenue Service released the dollar limits that apply to qualified retirement plans. There are three separate charts below that list the limits for 2011. The three charts are separated to identify the limits for: (1) defined contribution plans, (2) defined benefit plans, and (3) both defined contribution and defined benefit … Continue Reading

W-2 Healthcare Coverage Reporting Requirement Suspended for 2011

Contributed by Jo-Anne Mineweaser jmineweaser@tuckerlaw.com, 412.594.3920 The Patient Protection and Affordable Care Act (PPACA) requires employers to report the aggregate cost of healthcare coverage provided to their employees on Form W-2.  The aggregate cost is to be determined in the same way that the “applicable premium” is determined under the COBRA rules.   This requirement was … Continue Reading

U.S. Justice Department Challenges Most Favored Nations’ Clause of Michigan Blue Cross/Blue Shield Hospital Contracts

The Department of Justice has filed a civil anti-trust lawsuit against BlueCross/Blue Shield of Michigan alleging that the Most Favored Nations’ Clause (MFN) in their hospital contracts prevent other insurers from entering the market place and discourage discounts, resulting in higher prices for Michigan health care consumers. The state of Michigan has joined the lawsuit. MFNs generally … Continue Reading

What Every Business Should Know About Healthcare Reform Webinar

What Every Business should know about Healthcare Reform Thursday, October 14, 2010 8:30 a.m. – 10:30 a.m. Pittsburgh Athletic Association 4215 Fifth Ave Pittsburgh, PA 15213 Complimentary Breakfast & Parking RSVP by October 10 to: Susan Zelenak at 724-322-0116 or susan.zelenak@pnc.com The impact of healthcare reform on businesses is quickly becoming a major topic of … Continue Reading

Health Care Banking Issues Seminar

Michael Cassidy is presenting today on Healthcare Banking Issues at the new Fairmont in downtown Pittsburgh for the PNCBank Healthcare Business Banking Group . The presentation is from 8:30 – 9:30 am and includes information on how this new act impacts the banking industry.… Continue Reading

Legal and Practical Issues of Billing and Collection Practices

Contributed by Michael Cassidy & Donna Kell mcassidy@tuckerlaw.com, djk@kellgroup.com An overlooked byproduct of health care reform and the general economic recession is the “multiplier” effect of larger deductibles and co-pays and the reduced ability of patients to make those payments, resulting in more collection problems and the perhaps unintended creation of consumer financing issues. This article … Continue Reading

New Claims and Appeals Rules for Non-Grandfathered Plans

Contributed by Jo-Anne Mineweaser jmineweaser@tuckerlaw.com, 412.594.3920 The Patient Protection and Affordable Care Act and subsequent regulations set forth new rules for group health plans regarding the processing of claims and appeals. These rules are effective for plan years beginning on or after September 23, 2010 (January 1, 2011 for calendar year plans) and apply only … Continue Reading

New Guidance Released Under the Affordable Care Act Regarding Reimbursement of Over-The-Counter Drugs

Contibuted by Jo-Anne Mineweaser 412.594.3920, jmineweaser@tuckerlaw.com On September 3, 2010, the Internal Revenue Service issued Notice 2010-59 to provide guidance on the revised definition of “medical expenses” under the Patient Protection and Affordable Care Act.   Beginning on January 1, 2011, expenses incurred for medicines or drugs may be paid or reimbursed by an employer-provided plan, … Continue Reading
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