News & Analysis as of

Steps to Take Before Terminating a Physician-Patient Relationship

At times physicians are faced with the burden of having to remove a patient from their practice. Circumstances leading up to this unfortunate decision may include a difficult or disruptive patient who is abusive to the staff...more

DEA Strengthens Restrictions on Hydrocodone Combination Medications - Six Ways It Impacts Providers and Patients

The United States Drug Enforcement Administration (“DEA”) elevated Hydrocodone combination medications, including Vicodin, from a Schedule III to a Schedule II Controlled Substance. The reclassification was published the...more

What patients misunderstand about their right of informed consent [Video]

Many patients misunderstand what "informed consent" is all about. They often believe it's about signing a form ahead of surgery that acts as a waiver against any rights they may have for legal recourse if the surgery goes...more

Physician Owned Distributorship Concerns Continue to Make News

On June 17, 2014, Southern California Public Radio affiliate KPCC broadcasted a report about physician-owned distributors of implantable medical devices (“PODs”) and the legal and ethical concerns that are raised when POD...more

AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less?

On the way to authorizing direct access to physical therapy, the California legislature may have broadly loosened the restrictions on numerous business arrangements imposed by California’s corporate practice ban. AB 1000,...more

The American Board of Obstetrics and Gynecology Reverses Its Unlawful Ban on Treating Male Patients

In September of 2013, the American Board of Obstetrics and Gynecology adopted a policy of excluding obstetrician/gynecologists from eligibility for Board certification and recertification if they treated any male patients....more

SAMHSA to Hold Part 2 “Listening Session”

The Substance Abuse and Mental Health Services Administration (“SAMHSA”) has scheduled a “public listening session” on Wednesday, June 11, 2014, to seek input on potential changes to the federal Confidentiality of Alcohol and...more

HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?

I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more

Clinically Integrated Networks Give Providers and Payers an Opportunity for Transformative Collaboration

I. Executive Summary - The health care sector is experiencing a series of market reforms that have the potential to reshape how care will be delivered and reimbursed for decades to come. Although a number of concepts...more

CMS Instructs Contractors Not to Conduct Patient Status Reviews for Claims with Dates of Admission Through December 31, 2013

On November 15, 2013, CMS issued Transmittal 1315, a One-Time Notification (CMS Transmittal), instructing Medicare Administrative Contractors (MACs), Recovery Auditors and the Supplemental Medical Review Contractor not to...more

HFMA Releases Provider-Patient Financial Communications Best Practices

Healthcare financial interactions are often complex and confusing for patients and can involve complicated payment structures and various “key players.” As patients become responsible for greater proportions of their...more

Terminating The Physician-Patient Relationship

Oftentimes, I am asked by physicians how to end the physician-patient relationship. For various reasons, the physician desires to end the relationship and have the parties go their separate ways. Such may stem from a...more

OIG rejects management arrangement that carves out federal healthcare program patients

The Office of Inspector General of the Department of Health and Human Services recently posted an Advisory Opinion describing a proposed arrangement by a clinical laboratory. ...more

CMS Releases FY 2014 Hospital IPPS Final Rule

On August 2, 2013, CMS released the annual Hospital Inpatient Prospective Payment System Final Rule for FY 2014 (the “Final Rule”), effective for discharges occurring on or after October 1, 2013....more

Getting the Best Medical Care: a Newsletter from Patrick Malone - August 2013

In This Issue: - Everyone Has an Agenda - How Executive Pay Skews Some Rankings - Learn More From These Resources - Excerpt: The Dicey Connection between Hospital Ratings and Superior Patient...more

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more

Expanding Access to, and Development of, Personalized Medicine

In a July 8th, 2013 letter to the Centers for Medicare & Medicaid Services (CMS), the Personalized Medicine Coalition (PMC) advised that proposed reimbursement schedules for diagnostic medicine will threaten the development...more

Hospitals Fight Back to Defend 340B Program Operations

Adhering to the axiom that the best defense is a good offense, SNHPA (Safety Net Hospitals for Pharmaceutical Access), an organization of close to 1000 hospitals participating in the 340B Drug Pricing Program, is attempting...more

CMS Issues Proposed Rule Updating ESRD PPS for CY 2014

CMS recently issued a proposed rule detailing updates and revisions to the End-Stage Renal Disease (ESRD) prospective payment system (PPS) for calendar year (CY) 2014 and requirements for the ESRD quality incentive program...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - May 2013

In This Issue: - When Hospital Errors Follow You Home, and Into Your Soul - What Survivors of Patient Harm Can Expect - Hurting the Healing Process - Learn More About Your Rights and How to Reduce the Harms of...more

CMS Issues Proposed Changes to LTCH Payment Rates and Other Payment Policies for Fiscal Year 2014

On April 26, 2013, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed update to the Medicare long-term acute care hospital prospective payment system (“LTCH PPS”) policies and payment rates for fiscal...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - February 2013

In This Issue: - What Is a Nurse Practitioner? - An Expanding Role - The Money Issue - Bottom Line: Focus on the Patient - Recent Health CareNews You ShouldKnow About - Check Out Our Previous Tips -...more

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