On Tort Reform and the Health-Care Bill: Where’d We End Up?
We’ve long thought that the health-care bill teed up two fairly compelling legal issues. The first we’ve spilled many many pixels on in the last couple of days: Whether the bill (now a law) is constitutional.
The second we’ve paid a bit less…
NAMSS, the National Association of Medical Staff Services, has posted an early summary of the Healthcare Reform bill, which might be a little easier than reading the 2000+ page bill.
http://www.namss.org/Portals/0/Health%20Reform%20Summary.pdf
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.…
This is a Stark settlement that will send chills down the spines of hospital compliance officers. Rush Medical Center has entered into a Settlement Agreement with the DOJ, in which they agree to pay approximately $1.5 in False Claims Act Penalties.
The settlement arose out of a qui tam (whistleblower) lawsuit filed in July 2004. The…
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.
In Badri v. Huron Hospital, which is part of the Cleveland Clinic Health System, the District Court for the Northern District of Ohio granted summary judgment to the defendant hospital in which Dr. Badri was alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and the typical emotional distress, tortuous interference, defamation…
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NAMSS announces the following: TJC Board of Commissioners Approves MS.01.01.01 Posted: 15 Mar 2010 11:40 AM PDT Chuck Mowll, Executive Vice President of Business Development and Government and External Relations, has announced that The Joint Commissioner’s (TJC) Board of Commissioners has approved the Task Force revision of MS.01.01.01 (formerly MS.1.20) for implementation. MS.01.01.01 will be |
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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…
On March 10, 2010, the U.S. Senate passed legislation (H.R.4213) on a 62-36 vote, which would reportedly delay a scheduled 21.2 percent Medicare payment reduction for physician services until October 1, 2010
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The American Medical Association has created a resource for physicians to understand the HIPAA Privacy and Security Rules and their changes as a result of the 2009 economic stimulus package.
This resource outlines new requirements:
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