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Health Care Law

New Jersey Law Journal

September 9, 2009

The Pregnant Patient Who Refuses Treatment Against Medical Advice
The policy in dealing with a pregnant patient refusing necessary treatment must take into account the competing interests and attempt to balance the need of the fetus and the rights of the mother.

By Daniel R. Esposito

Rising Health Care Enforcement Seeks To Boost Government Revenues
This article provides a brief summary of some recent enforcement activities and some notable new policy and legislative changes that are sure to put greater pressure on compliance by health care providers.

By Anjana Dr. Patel

Nursing Home Litigation: Fitting in the OBRA Regulations
Playing no small role in this arena are the federal regulations derived from the Omnibus Budget Reconciliation Act of 1987, commonly known as OBRA. Though litigators may squabble over the particularities these federal rules, the centrality of their importance is universally accepted.
By David Cohen

The Benefits and Risks of Self-Disclosure Under the Self-Disclosure Protocol
An overview of the SDP and an analysis of the benefits and risks a physician must carefully consider in determining whether to voluntarily disclose to the OIG a violation of law related to a federal health care program.

By Michael F. Schaff and Alyson M. Leone

Self-Referral Law Amended in Pitched Legislative Battle
On March 23, Governor Jon S. Corzine signed into law S-787, Senate President Richard J. Codey's bill amending his 1991 legislation banning physician self-referrals In seeking to balance the interests in question, the so-called amendments to the Codey Law actually amend two separate laws.

By Mark Manigan

Doctors, Patients and Social Networks
Remember why medicine is a privilege. People's lives are entrusted to providers every day. It is a responsibility
that requires a professional, trustworthy and patient-centered approach by providers, with the good of the patient
foremost in mind.

By Linda S. Crawford

Electronic Records Mandates May Clash With Privacy Laws
To succeed with the proposed HIT initiatives, legislators, health care industry participants and attorneys should
carefully consider the effect and costs of the dueling public policy considerations of health care cost reduction
and patient privacy. Perhaps a better solution still is needed if we all are to see realized the goals of a better
health care system and reduced costs.

By Eric A. Klein and Christine C. Cohn

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