Physicians

Texas Bill Allows Doctors to Collect Patient Data by Swiping Driver's Licenses

by Cory Fox, Lynn Sessions | BakerHostetler on 5/23/2013

The Texas Legislature recently approved S.B. 166, a bill that would allow healthcare providers, including physicians, nurses, dentists and others to collect and verify patient data by simply swiping a patient's driver's...more

Groundhog Day for Tuomey: Jury Finds Hospital Violated Stark Law and False Claims Act

by Darby C. Allen, Donna S. Clark | BakerHostetler on 5/22/2013

On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more

Vermont Gov. Signs Death with Dignity Bill

by Aaron Kase | Lawyers.com on 5/21/2013

Vermont Gov. Peter Shumlin today signed into a law a death with dignity bill that will allow physicians to prescribe medication for terminally sick patients who wish to end their lives....more

CMS Proposes New Standard for Hospital Inpatient Admissions

by Leslie Demaree Goldsmith | Ober|Kaler on 5/17/2013

As part of its proposed inpatient prospective payment systems (IPPS) rule for FY 2014, CMS introduced a new standard for determining whether an inpatient admission to an acute care hospital is appropriate. Specifically, CMS...more

The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million

by Ari H. Gerstin, Elizabeth F. Hodge | Akerman Senterfitt on 5/17/2013

On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury...more

Jury Ruled in Tuomey Healthcare Retrial that the Hospital Violated the Stark Law and False Claims Act

by King & Spalding on 5/17/2013

On May 8, 2013, a jury concluded that Tuomey Healthcare System, Inc. (Tuomey), a community hospital in Sumter, S.C., violated the Stark law for allegedly improper compensation arrangements in 2005 between the hospital and 19...more

Members of Senate Finance Committee Call for Repeal of Physician SGR, Seek Input from Provider Community

by King & Spalding on 5/15/2013

On May 10, 2013, Senators Max Baucus (D-MT) and Orrin Hatch (R-UT)—the Chairman and Ranking Member of the Senate Finance Committee, respectively—issued a letter to the healthcare provider community declaring that “[t]he...more

What’s Next for Graduate Medical Education Accreditation? One System.

by Mintz Levin - Health Law on 5/13/2013

Graduate medical education programs and residents should be getting used to change by now. Last year, the ACGME introduced the Next Accreditation System, and then eight months later, it announced it was developing a unified...more

Simple Solutions for Major Medical Problems

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/10/2013

An extremely compelling TED talk has been making its way around cyberspace and getting a notable amount of attention in world of public health. In 2012 Dr. Atul Gawande delivered a talk entitled, “Why We Need A New Kind of...more

Working Toward Fewer Medical Mistakes

by Stipe, Harper, Laizure, Uselton, Belote,... on 5/10/2013

A new study suggests limiting the work hours of resident physicians does not lead to patient death. In fact, mortality declined during the study period even though patients may have received fewer hours of care....more

Woman Sues Doctor for Surprise Tube-Tying Procedure

by Aaron Kase | Lawyers.com on 5/7/2013

A Texas woman is suing a doctor and hospital in Houston, alleging that her tubes were tied without her consent after she had a C-section....more

Wrong-Site Surgeries Are Real and Not Uncommon

by Gelman Gelman Wiskow & McCarthy LLC on 5/2/2013

Most people expect that a physician operating on the wrong body part — or on the wrong person — is a rare occurrence. However, wrong-site surgeries are more common than you think. A 2010 study reported by CNN found that...more

Trusts & Estates - Preventative Medicine for the Health of Your Estate

by Leora Ardizzone, David Schoenhaar | Ruskin Moscou Faltischek on 5/1/2013

Physicians and other licensed health care providers labor many years to build their practices. However, unlike many other businesses, a health care practice cannot be passed by will or otherwise to the provider's spouse or...more

My Pregnant Girlfriend's Mother Needs a Ride to the Doctor. Is That FMLA?

by Jo Ellen Whitney | Davis Brown Law Firm on 5/1/2013

Last week, during the firm’s Annual Employment Law Seminar, we offered a session on complex issues under the FMLA. The session made two things totally clear....more

Supreme Court Of Ohio Protects Physician’s Statement Of Comfort Under Apology Statute

by Tyler N. Williams | Dinsmore & Shohl LLP on 4/30/2013

On April 23, 2013, the Supreme Court of Ohio reversed the decision of the Eleventh District Court of Appeals and applied Ohio Revised Code 2317.43, commonly referred to as the Apology Statute, to exclude a physician’s post...more

Intermountain Healthcare Settlement – Dangers Of Hospital Agreements With Physicians

by Michael Volkov on 4/30/2013

Hospitals continue to be under the Department of Justice-HHS/Office of Inspector General microscope. DOJ-OIG is a potent combination and carry with them the threat of criminal prosecution, civil false claims enforcement and...more

HIV-Positive Patient Wins Suit Over Doc’s “Unreasonable Fear”

by Josh Crank | Lawyers.com on 4/29/2013

A California appeals panel has reversed a lower court verdict denying the claims of an HIV-positive woman whose surgery was canceled at the last minute by an anesthesiologist who was worried he might contract the disease....more

CMS Clarifies Physician Delegation of Tasks in SNFs and NFs

by Simi Botic, Thomas Hess | Dinsmore & Shohl LLP on 4/26/2013

The Centers for Medicare and Medicaid Services (“CMS”) released an important instruction for physicians, non-physician practitioners (“NPPs”) and providers who bill for services provided in skilled nursing facilities (SNFs)...more

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

by William Berlin | Ober|Kaler on 4/26/2013

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions...

by Calvin Marshall | Chambliss, Bahner & Stophel, P.C. on 4/26/2013

On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc.,...more

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