A Colorado state appeals court concluded breach of due process provisions of the Health Care Quality Immunity Act (HCQIA) precluded immunity for St. Mary’s Hospital and MedicalCenter, even though the medical staff bylaws might not have required notice and a fair hearing for revocation of provisional clinical privileges.

The hospital’s medical staff bylaws

The United States District Court for the Northern District of Oklahoma has required Ardent Health Services to produce unredacted documents relating to the files of identified peer review physicians who practiced at the hospitals in order to examine whether the plaintiff’s peer review situation was handled differently than other physicians within the hospital. 

The Court

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has submitted to the Federal Register an interim final rule that will streamline the Employment Eligibility Verification (Form I-9) process…..

To read more about this article click link below:
www.medlawblog.com/uploads/file/I-9 update Dec 2008.pdf

Please be advised that effective January 12, 2009, elgibile citizens or nationals from ALL Visa Waiver Program Countries must obtain approval through ESTA (The Electronic System for Travel Authorization) prior to traveling to the United States under the Visa Waiver Program.

For information regarding whether an e-Passport is required, a list of Visa Waiver Program

The January 1, 2009 deadline for bringing health flexible spending accounts (“health FSAs”) into compliance with the IRS‘s new debit card rules has been extended to July 1, 2009

In short, in 2007, the IRS issued guidance stating that, starting on January 1, 2009, participants could use health FSA

CMS has established a Medicare learning network web page dedicated to Medicare fee for services advance practice nurses and physician assistants. It includes definitions, licensing requirements, enrollment procedures, reimbursement guidelines, and links to related materials. The website is accessible at the following link:

http://www.cms.hhs.gov/MLNProducts/70_APNPA.asp

Highmark has established new provider privileging requirements from diagnostic imaging to be effective January 1, 2009. The text of the requirements is available on the Highmark website in the ResourceCenter and is also attached below as a PDF.

www.medlawblog.com/uploads/file/Privileging Requirements.pdf

Independent Diagnostic Testing Facility Developments

 

            The 2009 Medicare Physician Fee Schedule Regulations include two provisions regarding Independent Diagnostic Testing Facilities. 42 CFR §410.33 has been supplemented with two additional subsections.

            First, Section (16) states all entities that provide diagnostic imaging services to Medicare beneficiaries will be required to enroll as IDTFs regardless

The revised Anti-Markup Final Rules were published by CMS on November 19, 2008 in the Federal Register, as part of the Medicare 2009 Physician Fee Schedule. The entire text of the 2009 Medicare Physician Fee Schedule and the related rules, i.e. Anti-Markup, Independent Diagnostic Testing Facility, physician referral issues, etc. were posted by the Med