The U.S. Department of Health and Human Services ("HHS") recently entered into a Resolution Agreement with Providence Health & Services ("Providence") of Seattle to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy and Security Rules. Under the Resolution Agreement, Providence agrees to pay $100,000 and implement a corrective…

On September 26, 2008, President Bush signed into law the ADA Amendments Act of 2008 ("ADAAA"). The ADAAA are a significant change to the ADA, designed to reverse rulings handed down by the courts that Congress believed had limited the ADA in ways that were not intended when that landmark legislation was passed.

Perhaps the most…

Cases denying hospitals’ summary judgment motions based upon the Health Care Quality Improvement Act (HCQIA) immunity are rare. Stratienko v. Chattanooga-HamiltonCountyHospital Authority (full text opinion below) is one of the exceptions in which the physician not only defeated the motion for summary judgment, but also obtained an injunction against the summary suspension. 

The …

The U. S. Department of Health and Human Services Office for Civil Rights recently issued helpful guidance for health care providers relative to communicating with a patient’s family, friends or others involved in the patient’s care. The guidance contains a number of commonly asked HIPAA questions as well as a helpful chart relative to disclosures. This…

Michael Cassidy has been included by his peers in the Health Care Law category in The Best Lawyers in America 2009. Best Lawyers is the oldest and most respected peer review publication in the legal profession, and has been compiling a list of best lawyers for 25 years. Best Lawyers is widely regarded within…

Once enrolled in the Medicare Program, physicians, other non-physician individual practitioners and physicians group practices are required to notify CMS of changes in their practice structures. These requirements are sometimes referred to as change in ownership (CHOW) rules. Physicians and other individuals are required to report the following on form CMS-855-I:

 

1.         Change of business …

In an MLN Matters announcement, a copy of which is attached at the Link below, CMS has added False Claims Act implications to reporting purchased technical components of diagnostic services. While admittedly any intentional misreporting of the purchased services would be subject to False Claims Act implications, CMS has taken the uncertainly out of this matter …

The PROMETHEUS Payment(R) Model is a new program which is designed to pay providers fairly, improve quality, enhance transparency and still be more efficient than what we have today.  At www.prometheuspayment.org, you will find much information about this not-for-profit, tax exempt program which has received more than $6 million  from the Robert Wood Johnson…

In Nasim v. Los Robles Regional Medical Center (2008 Cal. App. LEXIS 1251), a California Appellate State Court held that adoption of credentialing criteria which would retroactively deny a physician certain clinical privileges was illegal under California law. 

Los Robles Regional Medical Center adopted standards requiring board certification, and those standards required that subspecialty board …

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