Information Regarding the Holding of April Claims for Services Paid Under the

2010 Medicare Physician Fee Schedule (3-26-2010)

The Centers for Medicare & Medicaid Services (CMS) is working with Congress, health care providers, and the beneficiary community to avoid disruption in the delivery of health care services and payment of claims for physicians, non-physician

Senate failure to pass 30-day extension causes 21.3 percent cut to Medicare physician payments on April 1.

The Senate has adjourned for 2 weeks without postponing the Sustainable Growth Rate (SGR) Medicare Physician Fee Schedule reduction. For the past several months, since the problem arose 1/1/10, carriers have responded by advising physicians to

On Tort Reform and the Health-Care Bill: Where’d We End Up?

We’ve long thought that the health-care bill teed up two fairly compelling legal issues. The first we’ve spilled many many pixels on in the last couple of days: Whether the bill (now a law) is constitutional.

The second we’ve paid a bit less

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