Healthcare Legal News - May 16, 2012 • Volume 2, Number 4


In this issue:

- Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian

As healthcare and antitrust enforcement by governmental agencies increases, private parties are increasingly bringing antitrust and state unfair competition claims.

- Recent Cases Are Reminders of Need For Careful Drafting of Agreements With Physicians By Ralph Levy, Jr.

Two recent cases are reminders of the need for care in drafting agreements with physicians and providers of similar services. In both cases, the courts ruled in favor of the “employing” practice group and the practitioner-employee was found to have breached the agreement.

- On The Heels of OCR Action Against a Private Practice, ONC Releases a Guide To Privacy and Security of Health Information For Physicians By Tatiana Melnik

On April 29, 2012, the HHS Office of Civil Rights (OCR) announced that it entered into a settlement agreement with Phoenix Cardiac Surgery, P.C. (PCS), a private physician practice providing cardiothoracic surgery services in Arizona. As part of the settlement, PCS agreed to pay $100,000 to resolve the matter and enter into a Corrective Action Plan that will remain in effect for one year.

- Social Media: Are You Requesting Your Prospective Employees To Provide Their User Names And Passwords To Their Personal Online Accounts ? By Tatiana Melnik

Social media has come to play an increasingly important role in the hiring process of new employees. Employers are scouring Facebook, Twitter and other social networking websites to weed out applicants. Recent reports have shed further light on this practice.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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