CMS has halted the arbitration process for “Surprise Billing” established by the “No Surprises Act” for the second time, stating as follows: UNPLANNED OUTAGE “On August 3, 2023, the U.S. District Court for the Eastern District of Texas issued a judgment and order in Texas Medical Association, et al. v. United States Department of Health … Continue Reading
Both the federal government and the Pennsylvania state government are taking steps to reform the prior authorization process. Take a look at the Pennsylvania Insurance Department press release that was issued November 3, 2022, touting the passage and signing of Pennsylvania Act 146, which is described as creating a new and more effective process for prior authorization … Continue Reading
This article written by Michael Cassidy appeared in the September issue of the Allegheny County Medical Society Bulletin. Use this link to read the article.… Continue Reading
Tucker Arensberg, P.C. is pleased to announce that Michael A. Cassidy has been honored as one of only seven healthcare lawyers in the nation to be selected in 2019 as a Fellow of the American Health Lawyers Association (“AHLA”). Only a fraction of 1% of AHLA’s nearly 14,000 members are selected for fellowship annually. This … Continue Reading
In October 2018, the National Practitioner Data Bank (NPDB) published the third edition of the NPDB Guidebook. NPDB publishes monthly “NPDB insights”. I could not send the link to that, but I have attached a copy of the page announcing the new Guidebook here: NPDB Insights. I am also attaching a link to the Guidebook. https://www.npdb.hrsa.gov/resources/aboutGuidebooks.jsp … Continue Reading
On December 2, 2017, the Department of Health issued the new maximum fees for duplication of medical records. The link to the Pennsylvania Bulletin Announcement follows: Click Here to Read the Announcement.… Continue Reading
Telehealth has apparently reached the tipping point in its significance to the Medicare budget, because OIG has now announced that it will “review Medicare claims for telehealth services provided at distant sites that do not have corresponding claims from originating sites to determine whether those services met Medicare requirements.” The expected issue date of the … Continue Reading
A recent Pennsylvania Supreme Court decision will have a major impact on how physicians across the Commonwealth obtain informed consent from their patients. In Shinal v. Toms, 2017 WL 2655387 (Pa. June 20, 2017), the 4-3 Court ruled that only physicians, not members of their staff, may obtain informed consent from patients before performing medical … Continue Reading
On April 11, the Pennsylvania Department of Health (DOH) released Practitioner Temporary Regulations for physicians and practitioners (those physicians, pharmacists, physician assistants and certified registered nurse practitioners to be employed by a licensed dispensary). In a press release issued yesterday, DOH Secretary Dr. Karen Murphy stated that “[t]he process for a patient to obtain medical … Continue Reading
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 of … Continue Reading
I am repeating the Introduction of the FDA Guidance, and attaching a link to the 30 page document. The Food and Drug Administration (FDA) is issuing this guidance to inform industry and FDA staff of the Agency’s recommendations for managing postmarket cybersecurity vulnerabilities for marketed and distributed medical devices. In addition to the specific recommendations … Continue Reading
Use this link to view the article “Macranomics Summary and Timetable” that appeared in a recent edition of the Allegheny County Medical Society Bulletin. For additional information contact Mike Cassidy.… Continue Reading
The Pennsylvania Department of Health published the approved 2017 medical record cost for production of medical charts and records. The notice is attached in the link below. It addresses both electronic health records and the production of records in other types of formats. http://www.pabulletin.com/secure/data/vol46/46-49/2082.html… Continue Reading
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 … Continue Reading
The law firm of Tucker Arensberg, P.C. is pleased to announce Michael Cassidy has been named a Top Author by JD Supra. Mike is the founder and frequent contributor to the Med Law Blog (www.medlawblog.com). This award recognizes the top authors being read by executives, in-house counsel, media and other professionals across the JD Supra … Continue Reading
BNA has reported the planned merger of Penn State Hershey Medical Center with PinnacleHealth System will be challenged in federal court by federal and state officials. The Federal Trade Commission and Pennsylvania’s attorney general said they will join together to seek an injunction delaying consummation of the deal. The FTC voted 4-0 to file the … Continue Reading
You might have not noticed in the last blog post that there is a provision in the Pennsylvania Notice regarding electronic health records. The Notice does not establish a fee for electronic health records. Rather it states that the cost for production of health records in an electronic format shall not exceed the cost of … Continue Reading
Effective January 1, 2016, the following fees may be charged by a health care facility or health care provider in response to a request for production of medical charts or records: Not to Exceed Amount charged per page for pages 1-20 $1.46 Amount charged per page for pages 21-60 $1.08 Amount charged per page for … Continue Reading
The following issues have been resolved over the last month, at least through June 30, 2019, which is the expiration date of the Consent Decrees entered into with the approval of the Commonwealth Court by the parties in June of 2014. Continuity of Care. An arbitration award, a copy of which is attached, provides as … Continue Reading
The federal anti-kickback statute (42 USC § 1320a-7b(b), the “Statute”) prohibits individuals and entities from receiving or soliciting any remuneration for the referral of services reimbursable under any federal health care program. The Statute defines remuneration broadly to include kickbacks and rebates but also to include the purchasing or leasing of any products reimbursable under … Continue Reading
Mike Cassidy was named Health Care Law “Lawyer of the Year” in Pittsburgh. See the announcement at Pittsburgh Business Times link here.… Continue Reading
Mike Cassidy was recently published in the June 2015 Allegheny County Medical Society Bulletin (pg. 260) regarding the launch of PA Medical Society’s Mcare navigation website.… Continue Reading
The Texas Medical Board recently adopted a new rule requiring face to face encounters by physicians with patients before prescribing medication. Teladoc has sued the Texas Medical Board in Federal Court alleging restraint of trade, stating that the new Texas rule “would raise prices and reduce access” to telehealth services. The Complaint alleges the same … Continue Reading
Use this link to view the article “Macranomics Summary and Timetable” that appeared in a recent edition of the Allegheny County Medical Society Bulletin. For additional information contact Mike Cassidy.… Continue Reading
