Contributed by Lee Kim
412.594.3915, lkim@tuckerlaw.com
Under HIPAA, both covered entities (e.g., health plan, health care clearinghouse, and health care providers) and business associate (i.e., individuals or entities that use or disclose protected health information ("PHI") on behalf of the covered entity) are required to comply with the Privacy and Security Rules. The HIPAA…
In Scampone v. Grane Healthcare Company and Highland Park Care Center, the Superior Court of Pennsylvania reversed and remanded the trial court decision regarding nursing home liability, holding that a nursing home, just like a hospital or health maintenance organization, could be subject to corporate liability for negligence, in addition to vicarious liability for…
On July 12, 2010 CMS published the proposed rules to implement the 50% Civil Money Penalty (CMP) reductions for nursing homes that self-report compliance violations. The potential for the 50% reductions was enacted by Section 6111 of the Patient Protection and Affordable Care Act (PPACA), and is available under the following conditions:
1. The nursing home…
Fox v. Good Samaritan presents two interesting variations on issues commonly raised in peer review cases. The case originated 10 years ago and arises out of the suspension of Dr. Fox after he refused to designate a coverage physician with clinical privileges equal to his own. When Good Samaritan Hospital suspended his clinical privileges, following medical staff…
Tucker Arensberg is pleased to announce the launch of our new web site: www.tuckerlaw.com. The site has been redesigned to serve as an information center to more effectively assist our clients and visitors. We hope that you will visit www.tuckerlaw.com.
The U.S. Department of Health and Human Services ("HHS") has approved a request by the State of Florida to get access to Medicaid data so they can use data mining techniques to identify suspicious patterns in claims according to a speech given by Secretary Sebelius as part of the Regional Health Care Fraud Summit in…
CMS published the payment policies under the 2011 Medicare Physician Fee Schedule on Tuesday, January 13, 2011. The Med Law Blog will be posting comments on significant provisions over the next several weeks. Please let us know if there is a particular issue you would like addressed.
Physician Self-Referral
CMS proposes to implement changes enacted in ACA to the "whole hospital" and "rural provider" exceptions in the physician self-referral law that will prohibit their use by new physician-owned hospitals and limit the ability of existing physician-owned hospitals to expand their capacity. The deadline for physician investment and having a provider agreement…
CMS and ONC hosted a press briefing (on Tuesday, July 13, 2010 at 10:00 a.m. EDT) to announce the final rules on Meaningful Use and Standards and Certification under the HITECH Act’s Electronic Health Records (EHR) incentive program.
