Contributed by Piyush Seth

412.594.5640, pseth@tuckerlaw.com

The filing period for new H-1B petitions for Fiscal Year 2011 (FY 2011) begins on April 1, 2010.  The annual quota limit for cap subject H-1B petitions remains at 65,000 for standard cases and 20,000 for those with U.S. Masters degree or higher.  There is a 6,800 H-1B’s set aside for citizens/nationals

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