Home Health Agencies Learn That Nothing is Constant But Change
Dykema Gossett PLLC
The year 1997 has been a busy regulatory year for home health agencies ("HHAs") that transact business .
Latex Balloons Banned From Hospitals
Law Office of Jon L. Gelman
No Latex Balloons, Please! That is the new sign being posted through out hospitals in the United States and Canada..
Prospective Payment System Final Rule Benefits Device, Pharmaceutical, and Biological Industries
Bruce D. Armon of Saul Ewing LLP
On April 7, 2000, the Health Care Financing Administration (HCFA) published its final regulation (65 FR 18,434 et s.
Medical Records: Predicting the Future
Law Office Of Kenneth I. Kolpan, P.C.
EVERYONE INVOLVED with a patient who has a head injury wants to know how that person's future will be. The patient.
HCFA clarifies -- somewhat -- self-referrals The (Charlotte) Business Journal
Joel M. Leander of Womble Carlyle Sandridge & Rice, PLLC
New proposed regulations recently published by the Health Care Financing Administration, the federal agency respons.
You Can Sue City Hall
Moertl, Wilkins & Campbell, S.C.
NOT SO LONG AGO, you really couldn't sue city hall or almost any government agency. The old doctrine .
Proposed Stark II Regulations -- Affect Healthcare Arrangements
Waller Lansden Dortch & Davis LLP
On January 9, the Health Care Financing Administration (HCFA) proposed the long-awaited Stark II regulations govern.
Misdiagnoses by Emergency Room Doctors
Barry D. Lang, M.D. & Associates
Unfortunately, emergency room doctors can make mistakes, and failing to correctly diagnose patients can put the patients in worse situations. When an emergency room doctor fails to act according to the proper standard of care by misdiagnosing a patient, he or she may be liable for medical malpractice.
Current Opportunities for Hospitality Industry in Asia
John H. Steed of Paul, Hastings, Janofsky & Walker LLP
The Asian economic crisis that began last fall, as well as Japan's lingering economic stagnation following col.
Connecticut's Largest Law Firm Using Preventive Medicine to Block Exposure to Health Care Fraud
Day Pitney LLP
Connecticut's largest law firm is tapping expertise from each of its offices to create a special task force to addr.
Medicare/Medicaid Condition of Participation Regarding Patients' Rights
Buchanan Ingersoll & Rooney PC
On Friday, July 2, 1999, the Health Care Financing Administration ("HCFA") published a rule introducing a new Pati.
Hospitals' Duty to Report Patient Harm
Cadwalader, Wickersham & Taft LLP
Recent reports of horrible incidents at well-known hospitals in New York City have shaken the public's faith in hea.
Can a Physician be Held Liable for Certifying a Seizure History Patient Fit to Drive?
Law Office Of Kenneth I. Kolpan, P.C.
One of the serious late consequences of a head injury is the development of seizures. Jennett notes that 5% of all .
Expert Medical Reports Required By Article 4590i must Refer To Each Defendant
Barker, Leon & Fancher, LLP
The San Antonio Court of Appeals in Morrill v. Third Coast Emergency Physicians, P.A., (Opinion delivered October 1.
Gainsharing Arrangements with Physicians
Broad and Cassel
Since the hospital prospective payment system ("PPS") was introduced in the mid-1980s, hospitals have been trying t.
What You Need To Know about Medical Malpractice Litigation
John M. Green, Jr. P.A.
Green, Kaster & Falvey, P.A. handles a significant number of major medical malpractice cases annually. Although we .
Is Your Hospital Compliance Program in Compliance? OIG's Draft Supplemental Compliance Program Guidance for Hospitals
Health Services Practice Group of Nixon Peabody LLP
On June 8, 2004, the Department of Health and Human Services' Office of Inspector General published the "OIG Draft Supplemental Compliance Program Guidance for Hospitals." As the name suggests, this guidance document is intended to supplement the OIG's 1998 Compliance Program Guidance to: (a) address recent changes in hospital payment systems, regulations, and industry practices; (b) focus on particular risk areas; and (c) provide guidance for evaluating existing hospital compliance programs.
Medical Malpractice Claims
Law Office Of Kenneth I. Kolpan, P.C.
What Is Malpractice? The legal definition of malpractice is as follows: "The handling of a case by a .
Nuisance or True Emergency -- Disruptive, Abusive ER Patients
Nora L. Liggett of Waller Lansden Dortch & Davis LLP
Every hospital ER knows the type. He's the patient who shows up like clockwork every Friday or Saturday night. He n.
OIG Issues Hospital Compliance Guidelines
Waller Lansden Dortch & Davis LLP
The OIG released its official hospital compliance guidelines on February 11, 1998. The model compliance guidelines,.
Hospital Liability for Failing to Comply with the Federal Emergency Medical Treatment and Labor Act in Florida
Lawrence E. Lafferty, P.A.
Introduction In response to a number of widely reported horror stories about emergency rooms turning away .
In the Wake of the Tenet Investigation, CMS Issues Program Memorandum on DRG Outliers
Robert G. Homchick of Davis Wright Tremaine LLP
Last month, federal regulators launched a review of Medicare "outlier" payments to Tenet hospitals. An outlier is an inpatient case that is so expensive it exceeds the anticipated cost thresholds established by the Medicare Program. As a consequence, instead of paying the hospital on the diagnostic related group (DRG), the Medicare Program pays the hospital at a higher or outlier rate.
Torts Case Law in Texas
Hays, McConn, Rice & Pickering, P.C.
A. NEGLIGENCE: 1. DUTY: a.Van Horn v. Chambers, 970 S.W.2d 542 (Tex., July 3, 1998): The Court h.
Hospitals: Have You Checked Your Potential Outlier Payments Under the Hospital Outpatient Prospective Payment System?
Saul Ewing LLP
The hospital outpatient prospective payment system ("HOPPS") provides for outlier payments to protect hospitals aga.
Arent Fox Alerts
Allison Weber Shuren of Arent Fox LLP
This article reviews some of the key provisions of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999.
Courting Disaster
Marc M. Dittenhoefer of Blank, Goolnick & Dittenhoefer
Our neo-con friends are at it again, all for our own good, mind you. Before we all chip in to send them thanks, let's take a moment to reflect on the next "best thing" they wish to visit upon us.
HHS Office Of Inspector General Publishes New And Revised Anti-Kickback Safe Harbors
Arent Fox LLP
On November 19, 1999, the HHS Office of Inspector General (OIG) published a final rule amending its existing anti-kickback safe harbors, and adding new safe harbors. This Alert outlines the new and revised safe harbors created by the final rule.
Federal Antikickback Convictions Chill Hospital-Physician Contractual Relationships
Broad and Cassel
IN United States v. Anderson, No. 98-20030 (D. Kan. transcript filed Mar. 9, 1999) ("Anderson"), a federal jury con.
IRS Physician Recruitment Ruling
Dykema Gossett PLLC
On April 22, the IRS released its long-promised revenue ruling dealing with physician recruitment by tax-exempt hos.
Indicting of Lawyers in a Medicare Kickback Case
Cadwalader, Wickersham & Taft LLP
A MAJOR FEDERAL prosecution in Kansas involving alleged kickbacks paid by hospitals to referring physicians has tak.
New Liability Concern for Providers
Jane Hyatt Thorpe of Waller Lansden Dortch & Davis LLP
Check Medicare Status of Contractors Hospitals and physicians now face yet another concern when entering into co.
Striking OutÃÂ
Modern Healthcare
Womble Carlyle Sandridge & Rice, PLLC
Federal agencies have been striking out when they step up to the plate to challenge a hospital merger in court. Li.
Fraud In Managed Care Part I
Cadwalader, Wickersham & Taft LLP
This is the first of several columns that will analyze the emerging issue of fraud in the world of managed care. .
New Provisions and Modifications of Existing Regulations
Broad and Cassel
Ownership or Investment Interest in Hospital The regulations narrow the scope of the Stark law's exception f.
HHS Audit and Investigation Priorities in 1999
Scott D. Godshall of Pepper Hamilton LLP
This article examines the HHS's focus on compliance programs and qui tam litigation in 1999.
Hospital Payor Must Honor Reimbursement Agreement
Slattery & Jespersen, P.C.
Court Rejects Claim that Abolition of the DRG System Voided "Stop Loss" Clause In 1991, Meadowlands Hospital ent.
What Instructions Should an Attorney Give an Automobile Accident Victim?
Sokoloff and Weinstein, P.A.
TALK TO NO ONE. Do not talk to anyone about your accident except your lawyers or investigators working for your law.
OIG Issues Ten New Safe Harbors and Clarifies Six Existing Safe Harbors
James Fabian,Stephen D. Zubiago and Richard T. Yarmel of Nixon Peabody LLP
This article reviews the U.S. Department of Health and Human Services? Office of Inspector General's (OIG) safe harbor regulations to the Anti-Kickback statute
Resorts, Restaurants & Recreation: The "Three Rs" of '90s Hospitality
Paul, Hastings, Janofsky & Walker LLP
Just like real estate is no longer simply bricks and mortar, but the beneficiary (or victim?) of "c.
OIG Issues Guidelines for Hospital Compliance Programs
Dykema Gossett PLLC
The HHS Office of Inspector General (OIG) has released long-awaited compliance program guidelines for hospitals. R.
Anti-Kickback Act Safe Harbor Provisions Finalized
Wayne A. Kinkade of Saalfeld Griggs PC
This article reviews the finalized safe harbor provisions of the Federal Anti-Kickback Act that were published by the Office of Inspector General (OIG) on November 19, 1999.
Florida Legislature Amends Patient Self-Referral Act
Broad and Cassel
In the dying minutes of the 1999 session , the Florida legislature amended the Florida Patient Self-referral Act (t.
Medicare's New Fraud and Abuse Safe Harbors
Robert B. Ramsey of Buchanan Ingersoll & Rooney PC
A significant issue confronting all healthcare providers is the potential application of the Fraud and Abuse law t.
Telemedicine and the Internet
Cadwalader, Wickersham & Taft LLP
It is sometimes difficult to appreciate fully the quantum leaps that medicine has made in recent years. Yet many .
R.I.P., Marcus Welby, M.D.
Robert G. Siegel of Day Pitney LLP
This article reprinted with permission of The Connecticut Law Tribune, September 21, 1998 edition. In response.
CMS Loosens Restrictions on Medicare Billing Reassignment of Physician Fees
Susan L. Fine of Davis Wright Tremaine LLP
Medicare now permits an entity to submit Medicare bills and receive payment for services furnished by a physician with whom it has a contract, regardless of where the services are furnished or whether an employer-employee relationship exists. This new rule greatly enhances flexibility for hospital-physician contracting.
Brain Injury: Proving a Lifetime Disability
This article provides guidelines on establishing TBI in order to maximize rulings for TBI victims.
New Stark II Regulations Aim to Clarify Physicians Self-Referral Rules
Deborah W. Larios of Waller Lansden Dortch & Davis LLP
On Jan. 9, 1998, the Health Care Financing Administration (HCFA) proposed the long-awaited Stark II regulations gov.
The 2003 Medicare Prescription Drug, "Improvement" And Modernization Act Provides Increased Revenue Opportunities
Susan L. Fine and Lisa Rediger Hayward of Davis Wright Tremaine LLP
Signed into law on Dec. 8, 2003, the Medicare Prescription Drug, Improvement and Modernization Act, P.L. 108-173 (the "Act"), with close to 200 major sections, has been called the largest overhaul to the Medicare Program since its inception. The Act not only creates a historic prescription drug benefit, but makes significant payment changes to Medicare Part A and Part B, and Medicaid. Congress has hailed the Act as correcting existing payment "inequities."
Medical Malpractice
Chalat Hatten & Koupal
One of the most controversial areas of personal injury law arises from the negligence of medical care providers, .
Understanding Patient Restraints -- A Hospital's Decision to use Restraints
Nora L. Liggett of Waller Lansden Dortch & Davis LLP
A hospital's decision to use restraints on patients is a difficult one, involving complex issues which can pose sig.
What Clinicians Should Know About Malpractice Law
William J Gargaro of William J. Gargaro A Professional Corporation
With the flourishing of neonatology and the number of practitioners has come an explosion of litigation centering .
Hospitality ReportFAX -- Winter 1999
John Steed,Keith Ott,Michael Owen and W. Andrew Scott of Paul, Hastings, Janofsky & Walker LLP
This Report discusses current opportunities for the hospitality industry in Asia; the hospitality outlook in Europe; and current developments in Latin America.
Common Hospital Errors
The Law Office of Robert H. Kleinschmidt, PC
In a 1999 study conducted by the Institute of Medicine, entitled ?To Err Is Human: Building a Safer Health System?, the authors discovered that harm to patients due to errors of commission or omission occurred in between 2.9 and 3.7 percent of hospital admissions, with between 9.8 and 15.7 percent of those errors leading to death.
Hospital Referrals to Home Health Agencies: New Restrictions
Dykema Gossett PLLC
Adopting language introduced by Rep. Pete Stark (D-California), the Balanced Budget Act of 1997 (the Act) includes .
Failure to remove laparotomy pad after surgery
Douglas B. Hanna, P.C.
Monmouth County The female plaintiff in her early 40's contended that the defendants circulating and scrub nurse .