Tag Archives: and

Geisinger Clinic and Penn State Geisinger Health System Lose HCQIA Immunity Claim

In Babb v. Centre Community Hospital Geisinger Clinic, and Penn State Geisinger Health System, the Superior Court of Pennsylvania refused to grant the Defendant’s immunity pursuant to the Health Care Quality Improvement Act (HCQIA).  The standard HCQIA analysis was applied by the Court. Dr. Babb alleged the defendants were biased and motivated by something other than … 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

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