The U.S. District Court for the Eastern District of Tennessee concluded that a hospital’s affirmative defenses pursuant to the Healthcare Quality Improvement Act (HCQIA) were not sufficient to independently establish federal jurisdiction, and therefore approved a physician’s motion to remand the state court case that had been removed to federal court by the hospital defendant.
Michael Cassidy
Joint Commission Implementation Task Force to Continue Work on Medical Staff Standard Revision (MS1.20)
By Michael Cassidy on
Posted in Credentialing and Peer Review
The Joint Commission announced the suspension of the planned July 2009 implementation date for the revised MS1.20 Medical Staff Standards. The Implementation Task Force has recommended a full field review and anticipates both changes to the existing proposals and a delayed implementation date. The full text of the news release is available …
Attorney Successes: Mike Cassidy Co-Authors AHL Peer Review Guide Book and is Reappointed MSCPR Chair
By Michael Cassidy on
Posted in Legal News
The American Health Law Association has just published its revised Peer Review Hearing Guide Book. Mike Cassidy is one of five co-authors, the others being Patricia Hofstra, Steven Schnier, Ann O’Connell and Al Adelman, the last two of whom were co-editors.
Mike was also reappointed as the Chair of the American Health …
Intellectual Property Guidelines for Blogs
By Michael Cassidy on
Posted in Intellectual Property
Issues arise when one re-publishes material created by others — i.e., another’s intellectual property. Generally, the intellectual property involves copyrights and trademarks/servicemarks. Text, images, and sounds on a web page may be copyrighted. Trademarks and servicemarks which are commercial identifiers for a particular company’s product or service are proprietary to that company. Both copyrighted and trademarked material must be…
Highmark Delays Diagnostic Imaging Technical Component Reduction
By Michael Cassidy on
Posted in Medicare & Reimbursement
Highmark Blue Cross/Blue Shield announced in the April 2008 PRN that the reduction for technical component reimbursement for multiple procedures, originally intended to be effective as of July 1, 2008, will be postponed until September 1, 2008. A copy of that announcement is contained in the link below.
Innovative Application of Section 1981 and Medical Staff By Laws as Contracts
By Michael Cassidy on
Posted in Credentialing and Peer Review
Innovative Application of Section 1981 and Medical Staff By Laws as Contracts
Ennix v. Stanton (and Alta Bates Summit Medical Center) significantly broaden the use of 42 U.S.C. §1981 in credentialing cases. In this United States District Court case for the Northern District of California, the court denies the hospital’s motion for summary judgment, holding…
Physician Employment Contract Review Service
By Michael Cassidy on
Posted in Legal News
Your employment contract and practice ownership agreements (i.e. shareholder agreements, practice purchase agreements, partnership agreements) play a critical role in determining the direction of your career. These issues are critical at any time in your career, but may be most important, post-residency or fellowship, when you are taking that first step. It is always important…
An Overview of Trade Secrets Law
By Michael Cassidy on
Posted in Intellectual Property
Everyone has heard of the term "trade secret" but what exactly is it? This article provides an overview of trade secrets law in Pennsylvania.
1. What kind of information is considered a "trade secret"?
In 2004, Pennsylvania adopted the Uniform Trade Secret Act ("UTSA"). The Pennsylvania statute now defines a "trade secret" as follows: "[i]nformation, including…
CMS Update On Incident To Billing Policies
By Michael Cassidy on
Posted in Medicare & Reimbursement
On May 2, 2008 CMS issued a policy update regarding services provided incident to the services of a physician/non physician practitioner. The purpose of the publication was to clarify policies related to Part B Services provided incident to the services of physicians. The publication clarifies common incident to issues such as the documentation required to authorize the…
KADLEC REVERSED: HOSPITAL ABSOLVED OF NEGLIGENT CREDENTIALING BUT PRIVATE PRACTICE PHYSICIANS REMAIN LIABLE
By Michael Cassidy on
Posted in Credentialing and Peer Review
The Kadlec case is the latest in the trend to find hospitals and physicians liable for "negligent credentialing." The theory is that hospitals are responsible if they allow incompetent physicians to operate on patients at their facilities. This first phase of negligent credentialing has been on the books for almost twenty years.Continue Reading KADLEC REVERSED: HOSPITAL ABSOLVED OF NEGLIGENT CREDENTIALING BUT PRIVATE PRACTICE PHYSICIANS REMAIN LIABLE