Although group health plan sponsors are busy focusing on the COBRA subsidy enacted this past February, there are a flurry of laws impacting group health plans that have compliance dates ranging from April 2009 to February 2010. One of the laws, “The Children’s Health Insurance Program Reauthorization Act of 2009”, also enacted in February

On March 3, 2009, CMS published the "Decision Memo for Sleep Testing for Obstructive Sleep Apnea." A summary of the decision follows:

"CMS finds that the evidence is sufficient to determine that the results of the sleep tests identified below can be used by a beneficiary’s treating physician to diagnose OSA, that the use of such

Today, David Sawyer of Tucker Arensberg, P.C. will be leading a call-in seminar for the Pennsylvania Bar Institute (PBI) regarding the recent COBRA changes. Register for the live seminar (which is from 12:30-1:30).

You also may register to listen to the seminar through the internet after its live broadcast by following the same link. Written materials

The trial court in Baptist Health vs. Murphy has issued a decision permanently enjoining Baptist Health from enforcing its economic credentialing policy, and finding that Baptist Health tortuously interfered with the plaintiff physician’s contracts and engaged in deceptive trade practices under the Arkansas Deceptive Trade Practices Law. 

Attached below is a comment on the article

Two physicians who complained to a professional organization about a fellow doctor who testified in a malpractice case are liable for defamation, a Minnesota jury has found.

The jury in Yancey v. Weis (Court File No. 27-CV-07-15651) found the defendants defamed plaintiff Charles Yancey, M.D. when they claimed to the American Academy of Ophthalmology (AAO)

Pittsburgh, PA —  The law firm of Tucker Arensberg, P.C. announced that Neil E. Hendershot has joined the Harrisburg office of the firm as a Shareholder.  Neil practices in the areas of elder law, personal and estate planning, family business succession, estate and trust administration, Orphans’ Court (PA probate court) litigation, real estate, and charitable organizations.  Neil authors the "PA Elder, Estate & Fiduciary Law Blog", and also the "PA HealthCare DecisionMaking" website.

Neil participates actively in state and local bar association activities.  Neil previously served as Chairman of the Real Property, Probate & Trust Law Section, of the Pennsylvania Bar Association and has served as an Editor of that Section’s bi-annual Newsletter continuously since 1983. He is currently (2007-09) that Section’s elected delegate to the PBA House of Delegates, and is serving a three-year term on the RPPT Section’s governing Council.Continue Reading Tucker Arensberg Announces New Shareholder

We are sending this Employee Benefits Law Alert to update an alert we distributed on February 18, 2009. Government representatives have explained that although the Act states that insurance companies providing insurance for group health plans will be entitled to reimbursement of the COBRA subsidy, the employer (and not the insurance company) generally will be entitled

CMS recently published a resource reference listing the internet resources available for fraud and abuse research and reference. Below is a link to the Medicare Learning Network publication and direct links to the fraud and abuse web resources cited therein.

 

Medicare Learning Network

http://www.cms.hhs.gov/MLNProducts/downloads/Fraud_and_Abuse.pdf

 

OIG Listserv

http://www.oig.hhs.gov/mailinglist.asp

 

CMS Website

http://www.cms.hhs.gov/

 

The American Recovery and Reinvestment Act of 2009, commonly referred to as the "Stimulus Bill", contains multiple provisions which affect the rights and obligations of certain parties under  the privacy and security provisions of HIPAA. These changes relate to the application of the security and privacy provisions to business associates; the notification requirements in the event

This article has been revised to reflect recent guidance. It is important that you read the revised article at the following link: 
www.medlawblog.com/uploads/file/Revised Cobra Alert 2_26_09 _2_.pdf

Yesterday, President Obama signed into law the American Recovery and Reinvestment Tax Act of 2009 (the “Act”). Although a substantial portion of the Act is dedicated to