News & Analysis as of

Physicians

Pro Te: Solutio - Vol. 10 No. 3 – Summer 2017

by Butler Snow LLP on

Every summer vacation (or, at least, the ability to take the weekend off!) should include a good read. Whether your preference runs toward a memoir with words of wisdom, a review of new technical advancements, issues of...more

Medtail: Why Your Doctor Is Treating You in a Strip Mall

by Goulston & Storrs PC on

The retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors. However, despite the “doom and gloom” we generally see in headlines, retail has...more

VA Proposed Rule Would Expand Telemedicine and Override State Licensure Barriers

by Dorsey & Whitney LLP on

On October 2, the Veterans Administration (VA) proposed a new rule that would expand access to quality care and availability of mental health, specialty, and general clinical care for VA beneficiaries through the use of...more

Informed Consent in Pennsylvania – The Supreme Court of Pennsylvania Issues a Wake-Up Call

by McNees Wallace & Nurick LLC on

It has been nearly four months since the Supreme Court of Pennsylvania issued its opinion in the case of Shinal v. Toms. In its opinion, the Court considered the issue of informed consent under Pennsylvania law and issued a...more

Compensation Policies Under Scrutiny: Federal Court Conditionally Certifies Class of Female Faculty Physicians in EPA Case

On September 28, 2017, the U.S. District Court for the Central District of Illinois granted conditional collective action certification in Ahad v. Board of Trustees of Southern Illinois University, a case under the Equal Pay...more

Physicians in the Bulls-eye

by BakerHostetler on

Several recently reported cases highlight the growing risk physicians face if they succumb to competitive pressures, especially offers of remuneration from labs, pharmacies, home health agencies and other providers to whom...more

The EEOC's Focus on Equal Pay and the Health Care Industry Finally Comes to a Crossroad

by Baker Donelson on

Earlier this year, acting EEOC chair Victoria Lipnic made clear that the agency would continue its focus on equal pay cases, calling them a main "priority." Lipnic has voiced her concern regarding the "occupational...more

Structuring Clinical Practices to Prevent Pitfalls – Deeply Rooted Corporate Practice Doctrine Remains Strong

by BakerHostetler on

With growing patient demands, advanced technology and payer restraints, healthcare providers are increasingly exploring management agreements with experienced companies to handle the daily operations of their clinical...more

Telemedicine Rules in D.C. Get Second Draft

by Foley & Lardner LLP on

Telemedicine rules in the District of Columbia underwent a second round of revisions as the District of Columbia Department of Health issued a new set of proposed rules. The newly-revised proposed telemedicine rules, issued...more

FDA Simplifies and Clarifies Expanded Access Program

by Hogan Lovells on

Last week, FDA announced via a blog post simplifications and clarifications to its expanded access program. Under FDA’s expanded access program, physicians may request that patients with a serious condition receive treatment...more

Chronic Care Legislation Approved by Senate

by Reed Smith on

The U.S. Senate has unanimously approved S. 870, the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (as amended). The bill is intended to improve care for the chronically...more

CMS Releases 2018 Open Payments/Sunshine Act Reporting Thresholds

by Reed Smith on

CMS has announced inflation-adjusted de minimis reporting thresholds for 2018 under the Open Payments/Physician Payments Sunshine Act program. Specifically, payments or transfers of value of less than $10.49 do not need to...more

20 FAQs for Telemedicine Providers in Ohio

by Foley & Lardner LLP on

The Ohio Medical Board just published new FAQs and guidance on practicing via telemedicine, addressed to Ohio physicians and physician assistants. The FAQs follow the Ohio rules for telemedicine prescribing of drugs and...more

Texas Medical Board Releases Proposed Rules to Implement New Telemedicine Law

by Jones Day on

The Texas Medical Board ("TMB") recently released proposed rules to implement Senate Bill 1107, which became law in May 2017 and allows for physician-patient relationships to be created solely through the provision of...more

Strategic Planning in the Face of Continued Uncertainty

by Morris James LLP on

During the first nine months of 2017, we have provided counsel across a broad spectrum of Physician practices, including specialties such as Orthopaedic Surgery, Radiology, Oncology, Pathology, Obstetrics & Gynecology,...more

Perspectives for the Professions Newsletter - September 2017: Importance of Clear Guidelines and Policies

by Field Law on

Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the...more

CMS Calls for “New Direction” for Innovation Center, Invites Ideas for New Payment Models

by Reed Smith on

The Centers for Medicare & Medicaid Services (CMS) CMS has announced a “new direction” for the CMS Innovation Center that is intended to “promote patient-centered care and test market-driven reforms.” The goal of these...more

News from Second & State

Weekly Wrap - This was the Senate’s first week back from their summer break and it was rather quiet up on the hill as negotiations were still taking place on the budget. The Senate sent their spending plan to the House of...more

Dealing with Disasters – Quality Payment Program Exception Available for MIPS-Participating Clinicians and Groups

by Polsinelli on

The Centers for Medicare & Medicaid Services (CMS) simplified the process for clinicians and other providers to seek the Quality Payment Program (QPP) Hardship exception by releasing an online application on Aug. 2....more

Connecticut Court Declines to Apply Physician Non-Compete Statute Retroactively

A Connecticut superior court recently held that Connecticut’s statute limiting the noncompetition agreements by which Connecticut physicians may be bound, may not be applied retroactively....more

New Jersey Supreme Court Reminder – Don’t Forget about the Corporate Practice of Medicine

A New Jersey Supreme Court case earlier this summer has New Jersey lawyers re-examining their clients’ business structures under the State’s corporate practice of medicine doctrine....more

Concierge Medicine – Medicare Compliance Is Still A Consideration

by Farrell Fritz, P.C. on

In our July 10, 2017 post, Concierge Medicine – Is it for you?, we cautioned that Medicare compliance concerns do not fall away when moving to a concierge or direct-pay model. HHS has determined that concierge-style...more

Revoked: CMS's New Take on Record Retention and Access

Recently, we have noticed an alarming increase within the Spilman footprint of revocations by the Centers for Medicare & Medicaid Services ("CMS") of physicians' Medicare billing privileges. In particular, CMS has been...more

Proposed New Jersey Regulation Would Restrict Pharma Gifts To Prescribers

by Fox Rothschild LLP on

Gov. Christie’s Administration recently proposed a regulation to curtail the prescription of unnecessary opioid painkillers. Christie, who serves as the Chairman of President Trump’s Commission on Combating Drug Addiction...more

Health Care Matters, Summer 2017

by JAMS on

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways...more

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