Dr. Poliner has petitioned the United States Supreme Court to review the Fifth Circuit decision dismissing his claims against Texas Health Systems based upon immunity under the Health Care Quality Improvement Act. Dr. Poliner is arguing that the Fifth Circuit in particular and courts in general have gone too far in granting immunity under the "objective…

CMS published the final rule containing the Medicare Physician Fee Schedule for 2009 on November 19, 2008. Included in the final rule are:

1.         Confirmation of the 1.1% Physician Fee Schedule increase for 2009.

 

2.         Designated Health Service list for 2009 for Stark/Physician Self-Referral purposes.

 

3.         Final performance standards for Independent Diagnostic Testing …

 

CMS says physicians will receive a 1.1 percent Medicare pay increase starting in 2009.

Modern Healthcare (10/31, Lubell) reports, "Physicians will receive a 1.1 percent increase to their Medicare payments in 2009 under a final rule issued by" the Centers for Medicare and Medicaid (CMS). This "update reflects a provision included in the…

The Electronic System for Travel Authorization (ESTA) is an electronic system for screening
Visa Waiver Program passengers before they begin travel to the United States without a visa. It is anticipated that ESTA will become mandatory for Visa Waiver Program travelers on January 12, 2009.

www.medlawblog.com/uploads/file/Visa waiver – passport reqts.pdf

Lisa Ventresca

There has been some consternation whether the FTC Red Flag rules applied to medical practices as creditors. Organized medicine has been seeking clarification. which has not been forthcoming. Fortunately, this 6 month delay should allow somtime to review this issue.

FTC Will Grant Six-Month Delay of Enforcement of ‘Red Flags’ Rule Requiring Creditors and Financial Institutions

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Advisory Opinion 08-16, the text of which is linked below, involved a nonprofit hospital’s Pay for Performance (P4P) program with a commercial insurer and certain physicians on the hospital’s medical staff. Under the P4P program, the insurer pays the hospital bonus compensation calculated as percentage of the annual base compensation it otherwise pays to the …

The Pennsylvania legislature has enacted the attached law, called the "Prohibition of Excessive Overtime in Health Care Act," that is expected to be signed by Governor Rendell. The law prohibits hospitals, ambulatory surgery centers, and long-term care providers from requiring nurses and other clinical-care workers to work overtime. This ban excludes doctors, physician assistants, and…

On October 6, 2008 CMS announced its intent to aggressively enhance its efforts to find and prevent waste, fraud and abuse in Medicare. In particular, CMS indicated that it intends to work directly with beneficiaries to insure that they are properly receiving the durable medical equipment and home health services for which Medicare was billed and…

 The Wall Street Journal published an insightful article on Special Needs Planning in its Family Finances Section on October 9, 2008."An Estate Plan Built for Special Needs" highlights the emotional and financial challenges facing parents with special needs children and commonly employed planning methods. Special Needs Planning  and Special Needs Trusts are not…

This page is dedicated to the Form A Filings for
Highmark, Inc. and Independence Blue Cross.

On Friday, April 27, 2007, the Insurance Department received two transactional filings, known as Form A filings, for the acquisition of Highmark, Inc. and Independence Blue Cross Pennsylvania domestic insurance company subsidiaries by NEWCO, a yet to be

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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.