In Granger v. Christus Health Central Louisiana d/b/a Christus St. Francis Cabrini, the Louisiana Supreme Court ruled that medical staff bylaws are a contract between the hospital and a the medical staff member.  The court ruled:

“In promulgating the Bylaws and in accepting the applications of the physicians who sought medical staff membership in

In OIG Advisory Opinion No. 13-03, the Office of Inspector General had the opportunity to deal with two issues which have always raised concerns in the past, i.e. pod labs and swapping. It is no surprise that OIG refused to issue a favorable advisory opinion regarding these issues, and one suspects the request was submitted

HIPAA Omnibus Rule Compliance: Is Your Practice Ready?

On January 17, 2013, the United States Department of Health and Human Services released a Final Rule, commonly known as the “HIPAA Omnibus Rule,” which included significant changes to the HIPAA compliance requirements for healthcare covered entities, including private practice rehabilitation and medical providers. The compliance

Peer Review “Interference” Alleged as Tortious Interference with Contract

Many sham peer review cases are based upon breach of contract in states in which the medical staff bylaws are treated as contracts between the hospital and/or medical staff and the individual physicians. Typically, the cause of actions is based upon some failure to provide the

CMS has issued the poroposed Medicare Physician Fee Schedule. Without Congressional intervention, the SGR will mandate a 24.4% decrease. CMS sent its calcuations to the Medare Payment Advisory Commission.

http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/SustainableGRatesConFact/Downloads/SGR2013-Final-Signed.pdf

CMS has also issued a Fact Sheet Summary:

http://www.cms.gov/Newsroom/MediaReleaseDatabase/Fact-Sheets/2013-Fact-Sheets-Items/2013-07-08.html?DLPage=1&DLSort=0&DLSortDir=descending

Additional Time to Establish Protocols for Newly Required Face-to-Face Encounters for DME

Due to concerns that some providers and suppliers may need additional time to establish operational protocols necessary to comply with face-to-face encounter requirements mandated by the Affordable Care Act (ACA) for certain items of Durable Medical Equipment (DME), CMS will start actively enforcing

Contributed by Lee Kim, Esq.

The CERT program is having a free all-day event tomorrow (June 26, 2013) in Pittsburgh, PA on security incident management for health information exchanges.  This event is underwritten by the US Department of Health and Human Services.

Registration is free, but required.  http://www.cert.org/cybersecurity-hie/.  The event will be live and

Contributed by Lee Kim

412.594.3915

Healtheway was previously known as the National Helath Information Network.  It is a non-profit public-private partnership and has announced today its nine founding members.  These members include the American Medical Association, Epic, Kaiser Permanente, New York eHealth Collaborative, among others. 

For the full press release, please see http://finance.yahoo.com/news/healtheway-announces-founding-members-groundbreaking-110000367.html.

Lee Kim has been selected to the HIMSS Privacy and Security Committee for this coming fiscal year.

In addition, she recently gave a talk on mobile healthcare information security on May 30, 2013 at the SANS Mobile Device Security Summit.  A review of her talk (and those of others) can be found here: http://blog.secureideas.com/2013/06/sans-mobile-summit-2013-recap.html.