Monday, September 17, 2007
Health Law Statutes and Regulations
I've recently posted a list of commonly used Health Law Statutes and Regultions here.
New CMS Stark rules expand physician recruiting exception, removes some "bright-line" rules.
[Source: Health and Life Sciences Law Daily, September 17, 2007]
American Medical News (9/24, Glendinning) reports that on August 27, the CMS "unveiled the phase III, or final, version of the prohibitions known informally as the Stark II rules." AMNews continues, "In the final rule, CMS did not make any sweeping changes to the existing prohibitions. It contains no new exceptions for physicians, hospitals and others implementing business and referral arrangements. The agency did, however, revise and clarify the regulatory language in a number of areas in the hope of making compliance less burdensome." The CMS "expanded the physician recruiting exception to make it easier for hospitals to attract physicians to rural or underserved areas." The CMS also removed "some of the 'bright-line' rules under which healthcare entities have been operating, said Gina M. Cavalier, an attorney with Reed Smith in Washington, D.C." For example, the new regulation "eliminates a safe harbor on hourly payments to physicians from the definition of fair market value." AMA Executive Vice President and CEO Michael D. Maves said that the "current self-referral laws are already too complex to be understood without legal assistance and too restrictive to be fair." He continued, "Adding more layers of confusion and regulation serves only to further confound physicians, shift more money to the attorneys that are required to interpret them, and discourage efficient, innovative, quality health care." The Stark II phase III rule "goes into effect in December, though some types of existing contracts are protected by a grandfather clause until the end of the contract term."
American Medical News (9/24, Glendinning) reports that on August 27, the CMS "unveiled the phase III, or final, version of the prohibitions known informally as the Stark II rules." AMNews continues, "In the final rule, CMS did not make any sweeping changes to the existing prohibitions. It contains no new exceptions for physicians, hospitals and others implementing business and referral arrangements. The agency did, however, revise and clarify the regulatory language in a number of areas in the hope of making compliance less burdensome." The CMS "expanded the physician recruiting exception to make it easier for hospitals to attract physicians to rural or underserved areas." The CMS also removed "some of the 'bright-line' rules under which healthcare entities have been operating, said Gina M. Cavalier, an attorney with Reed Smith in Washington, D.C." For example, the new regulation "eliminates a safe harbor on hourly payments to physicians from the definition of fair market value." AMA Executive Vice President and CEO Michael D. Maves said that the "current self-referral laws are already too complex to be understood without legal assistance and too restrictive to be fair." He continued, "Adding more layers of confusion and regulation serves only to further confound physicians, shift more money to the attorneys that are required to interpret them, and discourage efficient, innovative, quality health care." The Stark II phase III rule "goes into effect in December, though some types of existing contracts are protected by a grandfather clause until the end of the contract term."
Genetic Technologies and the Law
Notes on genetic technologies and the law are now available here.
Notes include information relating to the following:
- Access to and disclosure of genetic information: rights, duties, and liabilities
- Legal issues in genetics research involving human subjects
- Commercialization of genetic tests and products
- Clinical applications of genetics: Genetic testing and legal liability
[More notes will be added periodically]
Notes include information relating to the following:
- Access to and disclosure of genetic information: rights, duties, and liabilities
- Legal issues in genetics research involving human subjects
- Commercialization of genetic tests and products
- Clinical applications of genetics: Genetic testing and legal liability
[More notes will be added periodically]
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