As a general rule, healthcare employers are required to pay employed physicians and other contracted providers fair market value (FMV) for their services, but many employers do not understand relevant regulatory standards. ...more
8/22/2024
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Compensation ,
EMTALA ,
Fair Market Value ,
Federal Health Care Programs (FHCP) ,
Health Care Providers ,
Healthcare Workers ,
Independent Contractors ,
Medicaid ,
Medicare ,
OIG ,
Penalties ,
Physicians ,
Private Equity ,
Regulatory Standards ,
Stark Law ,
Wages
Since early 2022, the Idaho legislature has modified the standards for a patient’s capacity to consent to healthcare and 24-hour protective holds. This health law update summarizes the current rules for capacity and consent;...more
2/7/2024
/ Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Mental Health ,
New Regulations ,
Physicians ,
Regulatory Agenda ,
Regulatory Standards ,
State and Local Government ,
State Legislatures
The federal District Court of Idaho has issued a ruling that will help protect physicians and other healthcare providers who refer patients outside of Idaho for an abortion....more
In Idaho, persons under the age of 18 (“minors”) may consent to their own healthcare in only limited circumstances.
General Rule: Obtain Consent from Parent or Surrogate Decision Maker. Idaho Code § 39‑4503 sets forth...more
7/21/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Competency Requirements ,
Consent ,
EMTALA ,
Health Care Providers ,
Healthcare ,
Legislative Agendas ,
Minors ,
New Legislation ,
Parental Consent ,
Physicians
Idaho’s total abortion ban is now in effect. Effective August 25, 2022, anyone who performs an abortion of a clinically diagnosable pregnancy is guilty of a felony unless the abortion is necessary to save the life of the...more
Many hospitals, physician groups, or other providers compensate employed or contracted practitioners based on the work relative value units (“wRVUs”) they generate, e.g., a physician may be paid $x per wRVU performed....more
Telehealth expanded dramatically in response to the COVID pandemic. Now that providers, patients, payers and public officials have seen the benefits, it is almost certain that telehealth will continue to play an increasingly...more
9/1/2020
/ Coronavirus/COVID-19 ,
Disclosure Requirements ,
Health Care Providers ,
Informed Consent ,
Medical Records ,
Physician Assistants ,
Physicians ,
Prescription Drugs ,
Standard of Care ,
Telehealth ,
Verification Requirements ,
Waivers
On March 30, 2020, CMS opened the way for hospitals to provide additional compensation and/or support to referring physicians during the COVID-19 pandemic by waiving the enforcement penalties under the federal Ethics in...more
A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes. Here is a brief summary of some terms or issues that you should consider in your...more
Unless structured properly, a hospital’s financial relationship with referring physicians or other providers may violate the federal Ethics in Patient Referrals Act (“Stark”) and Anti-Kickback Statute (“AKS”), resulting in...more
More healthcare practitioners are using telehealth to render patient care or expand their practices. When telehealth crosses state borders, the practitioner must ensure that he or she is licensed in or otherwise authorized to...more
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may...more
At this time of year, healthcare providers may want to give gifts to patients, referring providers, or other sources of business, but such gifts may violate federal and state fraud and abuse laws and result in civil or...more
It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more
8/9/2018
/ Anti-Kickback Statute ,
Contractual Safeguards ,
Electronic Medical Records ,
EMTALA ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Malpractice ,
OIG ,
Physicians ,
Standard of Care ,
Student Athletes ,
Students
The Ethics in Patient Referrals Act (“Stark”) prevents hospitals from paying employed or contracted physicians in the same way that physicians are or were paid by independent physician groups. Specifically, physician groups...more
7/10/2018
/ Centers for Medicare & Medicaid Services (CMS) ,
Health Care Providers ,
Hospitals ,
Joint Venture ,
Outpatient Services ,
Patient Referrals ,
Physicians ,
Remuneration ,
Safe Harbors ,
Self-Referral ,
Services ,
Stark Law
Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more
3/12/2018
/ Breach Notification Rule ,
Breach of Contract ,
Business Associates ,
Civil Monetary Penalty ,
Corporate Misconduct ,
Covered Entities ,
Cybersecurity ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Omnibus Rule ,
Patient Privacy Rights ,
Physicians ,
Professional Liability ,
Subcontractors