In Robie v. Price, Dr. Robie successfully obtained a temporary restraining order prohibiting CMS from terminating his Medicare billing privileges prior to the exhaustion of his administrative remedies by the U.S. District Court for the Sothern District of West Virginia.
As most realize, exhaustion of administrative remedies is usually a prerequisite to further litigation…
The Texas Medical Board and Teladoc have been battling for seven years, and through several rounds of litigation over whether a patient relationship can be established for purposes of providing telemedicine services without an initial face-to-face or in-person visit. This all changed when Texas governor, Greg Abbott, signed Senate Bill 1107, which will take effect…
Emanuele v. Medicor Associates, was presented to the United States District Court for the Western District of Pennsylvania as cross motions for summary judgment, and provides some guidance regarding the Stark requirements for bona fide personal service contracting arrangements.
The case originated as a whistleblower allegation that Hamot Hospital had not complied with all…
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…
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).
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…
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.…
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…
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…
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
