Innovative Application of Section 1981 and Medical Staff By Laws as Contracts
Ennix v. Stanton (and Alta Bates Summit Medical Center) significantly broaden the use of 42 U.S.C. §1981 in credentialing cases. In this United States District Court case for the Northern District of California, the court denies the hospital’s motion for summary judgment, holding…
Your employment contract and practice ownership agreements (i.e. shareholder agreements, practice purchase agreements, partnership agreements) play a critical role in determining the direction of your career. These issues are critical at any time in your career, but may be most important, post-residency or fellowship, when you are taking that first step. It is always important…
Everyone has heard of the term "trade secret" but what exactly is it? This article provides an overview of trade secrets law in Pennsylvania.
1. What kind of information is considered a "trade secret"?
In 2004, Pennsylvania adopted the Uniform Trade Secret Act ("UTSA"). The Pennsylvania statute now defines a "trade secret" as follows: "[i]nformation, including…
On May 2, 2008 CMS issued a policy update regarding services provided incident to the services of a physician/non physician practitioner. The purpose of the publication was to clarify policies related to Part B Services provided incident to the services of physicians. The publication clarifies common incident to issues such as the documentation required to authorize the…
The Kadlec case is the latest in the trend to find hospitals and physicians liable for "negligent credentialing." The theory is that hospitals are responsible if they allow incompetent physicians to operate on patients at their facilities. This first phase of negligent credentialing has been on the books for almost twenty years.Continue Reading KADLEC REVERSED: HOSPITAL ABSOLVED OF NEGLIGENT CREDENTIALING BUT PRIVATE PRACTICE PHYSICIANS REMAIN LIABLE
The April 30, 2008 Press Release, Executive Summary and 2007 Annual Report are available at the link below.
http://www.psa.state.pa.us/psa/lib/psa/annual_reports/annual_report_pr_2007_043008.pdf
Lawmakers concerned about Medicare’s competitive bidding program.
The Wall Street Journal (5/6, A4, Mathews) reports that on Tuesday, the U.S. House Ways and Means Health Subcommittee will hold a hearing on the Centers for Medicare and Medicaid Services’ (CMS) proposed "plan to use competitive bidding for products such as wheelchairs and walkers." Rep. Pete Stark…
Bipolar Physician Has ADA Standing to Sue for Medical Staff Privileges
In Haas v. Wyoming Valley Healthcare System, the U.S. District Court for the Middle District of Pennsylvania concluded that a physician had standing under Title III of the Americans with Disabilities Act (ADA) and Section 5.04 of the Rehabilitation Act concluded that an…
Prior to legislation adopted in 2001, the Pennsylvania State Board of Physical Therapy regulated athletic trainers. Under Acts 92 and 93, the regulations promulgated pursuant to the Pennsylvania Physical Therapy Practice Act were to continue to govern the activities of athletic trainers until the State Boards of Medicine and Osteopathic Medicine adopted Final-Form Regulations. These Final-Form Regulations…
TUCKER ARENSBERG HEALTH PLAN SUBROGATION SERVICES
Aggressive Subrogation Saves on Health Plan Costs.
An aggressive subrogation program can save your business money on health plan costs. Tucker Arensberg has handled subrogation for employer health plans for many years. We like to tell the story about how one year, one subrogation recovery alone paid for all…
