The Health Law Strategist: Winter 2011

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Robert Cochran, Editor Winter 2011

Keeping health care providers informed of current legal and legislative developments in health law and management, and providing information of interest to the health care industry.

CMS establishes self-referral disclosure protocol

As mandated by the Affordable Care Act, on Sept. 23, 2010, the Centers for Medicare & Medicaid Services established a voluntary self-referral disclosure protocol to enable health care providers to disclose actual or potential violations of the federal physician self-referral statute.

Medical device tax enacted as part of health care reform

President Obama signed into law the Health Care and Education Reconciliation Act. This Act amended the sweeping federal health care reform bill and included a 2.3 percent excise tax on the sale of medical devices.

Ohio Supreme Court finds dialysis clinic not entitled to property tax exemption

The Ohio Supreme Court, in a 4-3 opinion, affirmed the Board of Tax Appeals’ decision that a Dialysis Clinic, Inc. facility was not entitled to a tax exemption for real property under RC §5709.121 or RC §5709.12(B). Dialysis Clinic, Inc. v. Levin, 2010 WL 4260620 (Ohio).

OIG excludes drug company executive from federal health programs

The Office of Inspector General, U.S. Department of Health and Human Services, recently excluded a drug company executive from participating in federal health care programs. The executive is a former member of a St. Louis-based pharmaceutical company.

No peer review privilege in federal race discrimination lawsuit

A federal court in Columbus concluded there is no peer review protection in federal court. The case, Guinn v. Mount Carmel Health Systems, involved a dispute between a physician and a hospital. Dr. Guinn claimed that some of his hospital privileges were summarily suspended without adequate investigation or discussion.

CMS delays enforcing physician certification for home health and hospice services

In December, CMS announced a delay in the enforcement of new physician certification requirements for home health and hospice services. The new certification requirements were mandated by the Affordable Care Act.

© 2011 Schottenstein Zox & Dunn Co., LPA

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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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