The United States District in Kosenske v. Carlisle HMA Inc. has concluded that this whistleblower case must go to trial on the factual issue of whether Carlisle Hospital violated the False Claims Act by submitting claims for anesthesia services provided arising from referrals from Blue Mountain Anesthesia Associates (BMAA). Dr. Kosenske, the whistleblower in this…

The law firm of Tucker Arensberg is hosting a complimentary seminar covering the important issues impacting employers regarding the recently passed health care legislation.  The program ‘Health Care Reform: What Every Employer Needs to Know and Do’ will take place on May 5, 2010 at the Doubletree Pittsburgh/Monroeville Convention Center.  Registration and breakfast are from…

Today the Senate passed an amended version of H.R. 4851, the act to extend SGR relief ( Continuing Extension Act of 2010 ) by continuing 2009 rates. Since an earlier but different version has already passed the House, this version must be approved again. The AMA predicts action by the end of the week.

Although…

Section 6503 of the Patient Protection and Affordable Care Act (PPACA) requires that all billing agents, alternate payees, and clearinghouses that submit claims on behalf of health care providers must register with the state and the Secretary in a form specified by the Secretary. This provision will be effective January 1, 2011.

Section 6505 also prohibits…

Section 6409 of the Patient Protection and Affordable Care Act (PPACA) requires the Secretary of Health and Human Services to develop a Medicare self-referral disclosure protocol, which is intended to allow providers to disclose self-referral violations and negotiate reduced civil penalties. The protocol shall be developed no later than six months following the date of enactment…

The Patient Protection and Affordable Care Act (PPACA) contains several provisions aimed to reduce fraud and abuse in home health and Durable Medical Equipment (DME) programs, which CMS and OIG consider to be high risk programs. Effective July 1, 2010, physicians who order covered home health or DME services must be enrolled in Medicare (§ 6405). …

Contributed by Piyush Seth

As of April 5, 2010 US Citizenship and Immigration Services reported that only 6,791 of the 65,000 "regular" cap  and only 2,734 of the 20,000 advance degree cap petitions had been received.  Click AILA for more information.

In previous years the 65,000 H-1B cap has been reached within the first week of…

Contributed by Lee Kim, Esquire

The American Medical Association has posted HIPAA Security Rule guidance for physicians.  It recommends that electronic protected health information ("ePHI") should be encrypted and suggests that AES technology should be used (as a more secure alternative to RSA technology).  Both data at rest (e.g., files which reside on your hard drive…

Section 6003 of the Patient Protection and Affordable Care Act (PPACA), which is the 2010 Healthcare Reform Act, imposes a new disclosure requirement for in office ancillary service referrals of imaging services.  Section 6003 requires that referrals of MRI, CT, PET, and other designated health services as specified by the secretary, must be accompanied…

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Tucker Arensberg’s Healthcare Practice Group includes some of the most experienced health law attorneys in the region. We handle the legal problems so our clients can handle the important work of caring for patients. We work with physicians, physical therapists, dentists, optometrists, and all other professional care givers to help them avoid the many legal traps of running a practice. Tucker Arensberg lawyers have experience in all major health law issues.