On January 12, 2017, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) issued final rules implementing permissive exclusion authorities authorized by the Affordable Care Act expanding exclusion authority under Section 1128 of the Social Security Act. The changes were first proposed on May 9, 2014 at 79 Federal
Legal News
Pennsylvania’s New Opioid Laws and How They Impact Physicians
Use this link to view the article “Pennsylvania’s New Opioid Laws and How They Impact Physicians” that appeared in a recent edition of the Allegheny County Medical Society Bulletin.
For additional information contact Lauren Rulli (lrulli@tuckerlaw.com) or Mike Cassidy (mcassidy@tuckerlaw.com).
Independent Medical Staff Denied Title VII Protection
It has not been unusual for employed physicians to seek the protection provided to independent medical staff members through the due process procedures provided by medical staff by-laws. The case of Levitin and Chicago Surgical Clinic v. Northeast Community Hospital is the exact opposite; Dr. Levitin was an independent medical staff member seeking Title VII…
UPMC/Highmark Continuity of Care Settlement
PBGH just recently sent out a client alert regarding UPMC/Highmark Continuity of Care Settlement as follows: UPMC and Highmark have announced a settlement agreement that addresses the Consent Decrees’ Continuity of Care provision. This settlement will govern continuity of care beginning January 1, 2016 until the end of the Consent Decrees on June 30, 2019.…
Allegheny County Court Rules UPMC/Highmark Agreements Trump Consent Decrees
The ruling by Judge Ward of the Allegheny County Court of Common Pleas highlights another facet of the ongoing dispute between UPMC and Highmark.
On February 18, 2015, Judge Ward of the Allegheny County Court of Common Pleas ruled that the arbitration agreements contained in the various agreements between Highmark and UPMC hospitals, most of…
Pennsylvania Nursing Home That Failed To Sign Arbitration Agreement Cannot Seek to Enforce the Agreement
On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign the agreement.
M. Sylvia Bair commenced this action for wrongful death and survival in the Court of…
UPMC and Highmark Disagree Over Magee Coverage
http://www.bizjournals.com/pittsburgh/news/2015/01/15/attorney-protests-highmark-decision-not-to-cover.html?ana=e_pit_rdup&s=newsletter&ed=2015-01-16&u=Q07Y4wkGfGK/yax/+9TKVA082d9b56&t=1421417967
Important Ruling on Required FMLA Notices
Scott Leah, an attorney in Tucker Arensberg’s Pittsburgh office, recently circulated the below client alert:
Employers with more than 50 employees need to be aware of a recent ruling on FMLA notices, which employers are required to give to employees.
In Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d. Cir. 2014), the…
Michael Cassidy Appointed as Counsel to the Allegheny County Medical Society
Michael Cassidy was recently appointed as counsel for the Allegheny County Medical Society (ACMS). More information can be found at the below link.
Highmark and UPMC Consent Decree
Mike Cassidy was published in the July 2014 edition of the Allegheny County Medical Society Legal Bulletin regarding Highmark and UPMC Consent Decree. You can read the article, here.