1.         The Georgia Supreme Court struck down caps or limits on non-economic damages as unconstitutional according to Georgia state law. The Georgia state constitution provides that “the right to a jury trial shall remain inviolate,” and the state law limiting a jury’s right to award damages would circumvent that right. See AtlantaOculoplastic Surgery v. Nestlehutt.…

This is a Stark settlement that will send chills down the spines of hospital compliance officers. Rush Medical Center has entered into a Settlement Agreement with the DOJ, in which they agree to pay approximately $1.5 in False Claims Act Penalties.

The settlement arose out of a qui tam (whistleblower) lawsuit filed in July 2004. The…

Although the effective date of February 17, 2010 for many HITECH Act provisions has passed, Health and Human Services Office of Civil Rights has announced that, through notice and comment rulemaking, it will provide specific information regarding the expected date of compliance and enforcement of the HITECH Act requirements.

In Badri v. Huron Hospital, which is part of the Cleveland Clinic Health System, the District Court for the Northern District of Ohio granted summary judgment to the defendant hospital in which Dr. Badri was alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and the typical emotional distress, tortuous interference, defamation…

NAMSS announces the following:

TJC Board of Commissioners Approves MS.01.01.01

Posted: 15 Mar 2010 11:40 AM PDT

Chuck Mowll, Executive Vice President of Business Development and Government and External Relations, has announced that The Joint Commissioner’s (TJC) Board of Commissioners has approved the Task Force revision of MS.01.01.01 (formerly MS.1.20) for implementation.

MS.01.01.01 will be

…

 Contributed by Paul Welk

pwelk@tuckerlaw.com, 412.594.5536

Orthopedic Institute of Pennsylvania ("OIP") and the Department of Health and Human Services Office for Civil Rights recently settled a Complaint filed by a prospective patient who is deaf. The Complaint was filed after OIP declined the patient’s request for a sign language interpreter when he called to schedule…

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The American Medical Association has created a resource for physicians to understand the HIPAA Privacy and Security Rules and their changes as a result of the 2009 economic stimulus package. 

This resource outlines new requirements:

  1. Protection of patient information;
  2. How to comply with patients’ requests to access

…

Maria Danaher and Ogletree Deakins have posted an article on a medical staff  discrimination case that focuses on the contractual requiremants and the medical staff bylaws issue at http://www.employmentlawmatters.net/. Not only does it raise the issue of the 1981 requriements, but also how Georgia views medical staff bylaws.

 President Obama has signed H.R. 4691, "The Temporary Extension Act of 2010", into law. H.R. 4691 re-instates the therapy cap exceptions process until March 31, 2010. Outpatient therapy service providers may now submit claims with the KX modifier, when an exception is appropriate, for services furnished on or after January 1, 2010 through March 31…

Med Law Blog Editor

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