In a press release dated April 30, 2009, the FTC indicated that it will delay enforcement of the Red Flag Rules from the original compliance date of May 1, 2009 until August 1, 2009. The FTC indicated that it will soon release a template to assist certain low risk entities in complying with the Rules. As additional…

Mike Cassidy was one of 25 lawyers selected nationwide for participation in the American Health Lawyers Association Masters Program. The Masters Program conferences are held every few years as a high level study group or focus group for specific healthcare issues. The topic this year is "Improving Quality and Bonding with Physicians: A Health System Case Study." The format…

In a potentially striking blow to the Pennsylvania Medicaid (Medical Assistance)Third Party Liability (“TPL”) collection practices, the Honorable Joy Flowers Conti, Judge for the United States District Court for the Western District of Pennsylvania, issued a Memorandum Opinion dated March 25, 2009 in the Tristani v. Richman et al. proposed class action. PAWD Civil Action…

On May 1, 2009, health care providers will be subject to the "Red Flag Rules" issued by the Federal Trade Commission under the Fair and Accurate Credit Transactions Act. The Red Flag Rules apply to health care providers who allow patients to pay for health care services, for example through co-payments and deductibles, in installments.

The California Supreme Court vindicated Dr. Mileikowsky when it affirmed an appellate court decision setting aside the hospital’s governing board decision terminating Dr. Mileikowsky’s hearing and ordering the hospital to convene and conduct a new hearing in accordance with the medical staff bylaws. 

The basis of the dispute was a ruling and action by the…

Highmark has issued four new local coverage determinations, as follows:

  • Intraoperative Neurophysiological Testing
  • Sleep Disorders Testing
  • Posterior Tibial Nerve Stimulation (PTN)
  • Electromyography (EMG) and Nerve Conduction Studies

The following is the link of the full text of those LCDs: http://www.highmarkmedicareservices.com/policy/draft-status.html

On March 24, 2009, the OIG issued an open letter (pdf) to healthcare providers restricting the application of the OIG Self-Disclosure Protocol (SDP). 

The open letter states clearly that OIG is "narrowing the SDP’s scope regarding the physician’s self-referral law." This action has two components.

First, the OIG will accept providers into the SDP only when…

Med Law Blog Editor

About Our Practice Group

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.