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PRACTICE COLUMNS
Health Care Law
HHS Addresses Referral Network in Advisory Opinion
Friday, October 23, 2009
This September the U.S. Department of Health and Human Services: Office of Inspector General posted an advisory opinion (No. 09-16) that concluded that the OIG would not impose administrative exclusion or civil monetary sanctions under the Social Security Act in connection with an arrangement for the provision of chiropractic advertising services by a for-profit, non-health care advertising network.
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HHS Issues Breach Notification Interim Final Rule
Thursday, October 1, 2009
This August, the U.S. Department of Health and Human Services, or HHS, issued interim final regulations required by the Health Information Technology for Economic and Clinical Health Act (or HITECH Act, which was a portion of the American Recovery and Reinvestment Act of 2009) regarding notification required of entities when individuals' protected health information is breached.
3rd Circuit Allows Action Under §1983 for Alleged FNHRA Violation
Thursday, September 3, 2009
The 3rd U.S. Circuit Court of Appeals issued a ruling, Grammer v. John J. Kane Regional Centers, allowing an action under 42 U.S.C. §1983 by an individual for treatment received at a nursing home allegedly in violation of the Federal Nursing Home Reform Amendment, or FNHRA.
Suggestions for Health Care Facilities to Limit Legal Risks Under Act 102
Friday, August 28, 2009
It's 2:30 p.m. — 30 minutes before the first shift finishes up for the day — and suddenly there is an unexpected influx of patients into the emergency room. The nurse manager reviews her staffing for the second shift and realizes she is going to be short-staffed. Can she require one of her RNs to stay?
The Office of Inspector General Scrutinizes Gainsharing Program
Thursday, August 6, 2009
Late this June, the Health and Human Services Office of Inspector General, or OIG, issued Advisory Opinion No. 09-06, which examined a gainsharing program between a hospital and a cardiology group, vascular surgical group and an interventional radiology group, whereby the hospital and the groups would split the savings arising from the physicians implementing certain cost-reducing measures in certain cardiac catheterization procedures performed in the hospital.
OIG Approves On-Call Services Payment Plan
Thursday, July 2, 2009
Taking a look at an issue pressing many hospitals, the Department of Health and Human Services, Office of Inspector General, or OIG, addressed the issue of a payment arrangement between a hospital and physicians for on-call coverage and indigent in-patient care in an advisory opinion issued May 21, 2009.
CMS Issues Guidance on Value-Based Purchasing
Friday, May 22, 2009
The Centers for Medicare and Medicaid Services, or CMS, has released a document titled "Roadmap for Implementing Value Driven Healthcare in the Traditional Medicare Fee-for-Service Program" to serve as guidance on the CMS's present and future plans for integrating value-based purchasing into its various payer programs.
N.J. Enacts Legislation Affecting Licensure, Ownership of ASCs
Thursday, May 7, 2009
The bill further amends the Codey law prohibition on referral of patients by a physician to an entity in which he has a significant beneficial interest by carving out certain criteria that will exempt the physician from this restriction.
The Stimulus Bill's Effect on Health Care Industry and Law
Thursday, April 2, 2009
The American Recovery and Reinvestment Act of 2009, or ARRA, was legislation that many anticipated from the current administration as an effort to revitalize the American economy. Relatively few people probably anticipated the broad reaches that the ARRA would have into the health care industry and health care law.
3rd Circuit Court Provides Stark Law Analysis
Thursday, March 5, 2009
This January, the 3rd U.S. Circuit Court of Appeals overturned a grant of summary judgment by the U.S. District Court for the Middle District of Pennsylvania, and held that a defendant hospital in a False Claims Act qui tam action failed to show that its arrangement with an anesthesiology physician group practice was not a violation of the federal Stark and Anti-Kickback laws.
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