Michael Cassidy

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A New Jersey Court has awarded $400,000 to a deaf patient who claimed her doctor discriminated against her by refusing to provide an interpreter. Irma Gerena sued Robert Fogari, a Jersey City rheumatologist, under the Federal Americans With Disabilities Act and Rehabilitation Act, claiming violations for refusing to provide to interpreter. This is not a new issue. The …

Thanks to Claire Miley of Bass, Berry & Sims in Nashville, Tennessee for posting an alert regarding the final DMEPOS Surety Bond requirements. Below is the text of the American Health Lawyers Association e-mail alert.

CMS Issues Final Rule Requiring Surety Bonds for DMEPOS

 

On December 29, 2008, the Centers for Medicare & …

The Congressional Budget Office has prepared two remarkably thorough analyses regarding the fundamental issues confronting healthcare policy and the projected costs of more than 100 different reform proposals. Great summer vacation reading — if you start now, you might finish by summer vacation. Check the links below:

 

http://www.cbo.gov/doc.cfm?index=9925

http://www.cbo.gov/ftpdocs/99xx/doc9924/12-18-KeyIssues.pdf

HIOs and Regional Health Information Networks (RHINs) are being created to facilitate the exchange of information among providers. HIOs and RHINs are typically not statutorily governed by HIPAA, other than perhaps as Business Associates. The HHS guidance, issued in conjunction with The Nationwide Privacy and Security Framework for Electronic Exchange of Individually Identifiable Health Information, covers …

OIG issues another in a string of gainsharing opinions involving hospitals and groups of cardiologists and radiologists. This and the solicitation by HHS of comments on shared savings exceptions and safe harbors confirm HHS’s intent to continue to encourage legitimate cost savings and incentive programs.

Link: http://www.oig.hhs.gov/fraud/docs/advisorgopinions/2008/AdvOpn08-21.2.pdf.

 

A Colorado state appeals court concluded breach of due process provisions of the Health Care Quality Immunity Act (HCQIA) precluded immunity for St. Mary’s Hospital and MedicalCenter, even though the medical staff bylaws might not have required notice and a fair hearing for revocation of provisional clinical privileges.

The hospital’s medical staff bylaws …

The United States District Court for the Northern District of Oklahoma has required Ardent Health Services to produce unredacted documents relating to the files of identified peer review physicians who practiced at the hospitals in order to examine whether the plaintiff’s peer review situation was handled differently than other physicians within the hospital. 

The Court …

Please be advised that effective January 12, 2009, elgibile citizens or nationals from ALL Visa Waiver Program Countries must obtain approval through ESTA (The Electronic System for Travel Authorization) prior to traveling to the United States under the Visa Waiver Program.

For information regarding whether an e-Passport is required, a list of Visa Waiver Program

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