Tucker Arensberg, P.C.

1500 One PPG Place  Pittsburgh, PA 15222, United States

  • (412) 594-5583
  • (412) 594-5619

Medical Staff Application Release Bars Physician Credentialing Claim

In Copeland v. MidMichigan Regional Medical Center, a Michigan State Appellate Court affirmed a trial court’s grant of summary judgment in favor of the Hospital, based upon both HCQIA immunity and a general release signed by the…more
| Civil Procedure, Commercial Law & Contracts, Health

New York Federal Court Takes Different Stance on Medical Staff Bylaws

On April 14, MedLaw Blog posted a comment about Villare v. Beebe Medical Center, a case in which a Delaware trial court granted summary judgment on the basis that the medical staff bylaws were held not to constitute a contract…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Health

Medical Staff Bylaws Are Not Contracts in Delaware

One of the fundamental issues in credentialing disputes is whether the Medical Staff Bylaws constitute contracts between the Hospital and the individual physicians. If the Medical Staff Bylaws do constitute a contract, then the…more
| Commercial Law & Contracts, Constitutional Law, Health

Pennsylvania Federal Court Rules on Important Grane Healthcare ADA Case

In a recent decision that has been making headlines across the country, a Pennsylvania federal court held that a local Cambria County company conducted over 300 unlawful pre-offer medical exams in violation of the ADA. Cambria…more
| Civil Rights, Labor & Employment Law

U.S. Supreme Court Rules Severance Payments Can Be Taxed

It’s a common scenario for many employers. An employee who is terminated by the employer is offered a severance package. The employee would prefer that the severance payments are made under a 1099 (and therefore not subject to…more
| Labor & Employment Law, Taxation

President Obama Signs the Protecting Access to Medicare Act of 2014

On April 1, 2014, President Obama signed into law the Protecting Access to Medicare Act of 2014. This new law prevents a scheduled payment reduction for physicians and other practitioners who treat Medicare patients from taking…more
| Health

HIPAA Security Risk Assessment Tool Released by HHS

HIPAA security risk assessment (SRA) tool was recently made available through HHS. The tool was developed as a collaborative effort between the HHS Office of the National Coordinator for Health Information Technology (ONC), the…more
| Privacy, Health, Science, Computers, & Technology

MGMA Special Alert – SGR Repeal

Senate approves House-passed SGR patch - Today, by a vote of 64-35, the Senate agreed to legislation passed by the House of Representatives, H.R. 4302, which delays for one year a 24% cut to Medicare physician payments…more
| Elections & Politics, Health

Latest SGR Repeal News from MGMA

Today the House of Representatives passed by voice vote H.R. 4302, which would temporarily delay the 24% cut to Medicare physician payments resulting from the sustainable growth rate (SGR) formula for one year. MGMA has joined…more
| Elections & Politics, Health

United States Supreme Court Clarifies What Plaintiffs Have Standing to Sue for False Advertisement Under the Lanham Act – Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873

In a March 25, 2014 decision, the United States Supreme Court clarified what class of plaintiffs have standing to sue for false advertisement under the Lanham Act (codified at 15 U.S.C. §1125(a)). Lexmark sells the only…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

EPA Endorses Upgraded All Appropriate Inquiry Standard

Buyers of real estate and their lenders are familiar with the Phase I Environmental Site Assessment. Originally developed in the 1980s in response to the CERCLA statute, the Phase I protocol has been refined over the years. …more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Real Estate - Commercial

Can covered entities run Windows XP and remain HIPAA compliant?

Microsoft recently announced that, after April 8, 2014, it will not longer provide security updates or technical support for Windows XP. Microsoft’s statement that “businesses that are governed by regulatory obligations such as…more
| Privacy, Health, Science, Computers, & Technology

These Countries Lead in Patent and Trademark Application Filings

The World Intellectual Property Organization (WIPO) has released some interesting statistics on international patent and trademark filings in 2013. The United States, Japan and China lead in the number of international patent…more
| Intellectual Property, International Law & Trade

Practical considerations to protect against being ‘out of network’

Practical considerations to protect against being ‘out of network’ The disengagement of Highmark and UPMC is looming on the horizon; most of the hospital participation agreements between these two competing healthcare…more
| Labor & Employment Law, Health

Federation of State Medical Boards to Vote on Telemedicine Policy

The March 20th edition of Modern Healthcare reports on a “patient centered telemedicine policy” to be voted on by the Federation of State Medical Boards (FSMB). I’ve attached links to both the article and to the FSMB model…more
| Health, Science, Computers, & Technology
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