Courtesy of the MGMA
Barring last-minute action by Congress, the 21.2 percent cut to Medicare physician payments will take effect next Monday, March 1. Despite previous indications that the Senate was considering an amendment to an anticipated job-creation bill to avert the cut, no clear legislative pathway for relief has yet been defined. Medical Group…
The Health Information Technology for Economic and Clinical Health Act ("HITECH") provisions of the American Recovery & Reinvestment Act of 2009 ("ARRA") contain a number of changes affecting the compliance obligations of covered entities and business associates under HIPAA. Many of the key provisions of HITECH are effective as of February 17, 2010 and it…
Contributed by Paul J. Welk, Esq.
412.594.5536, pwelk@tuckerlaw.com
In a letter dated January 27, 2010, the American Medical Association, American Veterinary Medical Association, American Osteopathic Association and American Dental Association wrote to the Federal Trade Commission ("FTC") asking that the FTC make it clear that in light of a recent court decision, the Red Flags…
Contributed by Scott R. Leah, Esq.
sleah@tuckerlaw.com, 412.594.5551
In a recent case, several physicians challenged the ability of a medical practice to restrict their ability to practice medicine in accordance with a noncompetition agreement that they had signed. The physicians argued that the agreements were void as they violated state law on restricting the ability…
Contributed by Piyush Seth, Esquire
pseth@tuckerlaw.com, 412.594.5640
The Department of Homeland Security, in coordination with the US Department of State, have announced a humanitarian parole policy allowing orphaned children from Haiti to enter the US temporarily. Each case is reviewed separately (case by case basis) and depending upon the particular circumstances of the case, children are
…
Contributed by Lee Kim, Esquire
lkim@tuckerlaw.com or 412.594.3915
Connecticut Attorney General, Richard Blumenthal, as parens patriae for the State of Connecticut and on behalf of the State of Connecticut, sued Health Net of the Northeast, Inc. (“Health Net”) for multiple HIPAA violations. In a nutshell, Mr. Blumenthal stated in a press release, “The staggering scope of…
Contributed by Lee Kim, Esquire
lkim@tuckerlaw.com, 412.594.3915
The HIPAA Security Rules require covered entities and (soon) business associates to implement and adopt administrative, physical, and technical safeguards to ensure that electronic protected health information (“ePHI”) is adequately protected from those without legitimate cause to access such information. Only authorized personnel should be allowed to…
Both the Senate and the House versions of the health care reform bills are 2,000 page unindexed monstrosities, making it extremely difficult to locate provisions of interest. The Sunday, January 10, 2010 edition of the Pittsburgh Post Gazette, reports that a retired business professor, Doug Lowry, has written a program allowing searches of the Senate…
Tucker Arensberg’s Mike Cassidy will present at the American Health Lawyers Association (AHLA) Physician and Hospitals Law Institute in Miami, Florida in February 2010.
Sessions at the event will provide focused analysis of the legal challenges faced by hospitals, physicians and their counsel. Breakout sessions will cover hospital/physician relationships, electronic health records (EHRs) and the Health…
Contributed by Nawshin Ali, Esquire
(412) 594-5530, nali@tuckerlaw.com
Certified registered nurse practitioners (CRNPs) in Pennsylvania now have expanded authority in prescribing drugs due to amendments to the rules and regulations of the Pennsylvania State Board of Nursing (49 Pa.Code Ch. 21) effective as of December 12, 2009.
CRNPs can now prescribe Schedule II controlled substances…
