Tag Archives: Act

National Foundation for American Policy Recommends Immigration Reform to Meet Needs of U.S. Healthcare

National Foundation for American Policy released its November 2012 policy recommendations recognizing immigration reform for health care workers as a broad measure to deal with increasing labor demand and shortage in the health care industry arising from the needs of the aging U.S. population and the Affordable Care Act.  These policy recommendations are necessary at … Continue Reading

Washington Court Denies HCQIA Immunity for Inadequate Investigation

The cases where hospitals are denied HCQIA immunity are few and far between, especially when that denial is predicated upon the due process requirement of HCQIA, because of the due process exception condoning procedures that are fair under the circumstances. In Smigaj v. Yakima Valley Memorial Hospital Association, the Washington Court of Appeals reversed a … Continue Reading

Professional Review Activity vs. Professional Review Action

The case of Wood v. Archbold Medical Center Inc., presents an interesting twist regarding HCQIA immunity. The holding basically provides that “professional review activity” is a lesser level of adverse activity and need not meet the due process standards of HCQIA in order for a hospital to retain HCQIA. In Dr. Wood’s situation, there were three … Continue Reading

Patient Safety and Quality Improvement Act (PSQIA) May Change Federal Common Law Privilege

In KD v. United States, a decision by the United States District Court for the District of Delaware, both granting and denying a motion for a protective order in parts, indicates that PSQIA of 2005 has changed its opinion regarding the protection of peer review documents under federal common law privilege.  The opinion notes that … Continue Reading

Nurse Immigration Visa Bill Proposed to Fight Shortage

HR 2536, The Emergency Nursing Supply Relief Act, See http://www.govtrack.us/congress/billtext.xpd?bill=h111-2536 has been introduced in the House by Congressman Robert Wexler.  Although there is a long process ahead this first step provides hope for much needed relief for the U.S. nursing shortage as it will make immigrant visas specifically available for nurses.  These visas are currently unavailable and have been backlogged for … Continue Reading

Recovery Act and Health Information Technology Now Available on the CMS Website!

A new website is now available from the Centers for Medicare & Medicaid Services (CMS) concerning Health Information Technology as provided for in the American Recovery and Reinvestment Act of 2009.  On this website, you can find information pertaining to the Medicare and Medicaid incentives for electronic health records adoption and important links to related … Continue Reading

OIG Advisory Opinion 09-05 Approves Physician On Call Compensation

The Office of Inspector General of the Department of Health and Human Services has issued Advisory Opinion No. 09-05, which states that the OIG will not impose sanctions regarding a proposed on call arrangement in which the hospital will compensate physicians for providing on call coverage for patients presenting to the hospital or emergency department. The … Continue Reading

The Paper Chase – New Family And Medical Leave Notice Requirements

The Department of Labor recently issued new amendments to the Family and Medical Leave Act (FMLA).   Those amendments have added  to the notice requirements under the act, creating both a paperwork chore for businesses and a potential legal trap if  the required notices are not provided.  This Alert summarizes the new notice requirements.   General Notice  The General Notice must be posted … Continue Reading