tag:blogger.com,1999:blog-9768490226144649572011-04-21T21:39:43.271-04:00Kevin A Pagenoreply@blogger.comBlogger1821100tag:blogger.com,1999:blog-976849022614464957.post-13593051973536037252009-04-30T11:36:00.004-04:002009-04-30T11:39:40.845-04:00

[Source: Health Lawyers Weekly, Vol. VII, Issue 16 (April 24, 2009) - AHLA]A physician could not maintain a breach of contract action against a hospital that revoked his privileges citing repeated concerns about unprofessional behavior that could harm patients, a federal trial court in Tennessee ruled.The U.S. District Court for the Western District of Tennessee found the hospital was entitled to

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-1904459923959220372009-03-16T09:29:00.003-04:002009-03-16T09:34:25.134-04:00

[Source: Health Lawyers Weekly, March 13, 2009, Vol. VII Issue 10 (AHLA)]The Ninth Circuit rejected March 9 the Golden Gate Restaurant Association’s (GGRA’s) petition for rehearing en banc of a three-judge panel decision that found the Employee Retirement Income Security Act (ERISA) does not preempt a San Francisco Ordinance setting new healthcare spending mandates for employers.After a majority

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-38464119530916191832009-01-28T09:44:00.006-05:002009-01-28T10:05:29.426-05:00

Background issues here"Ninth Circuit Finds No ERISA Preemption of San Francisco Ordinance Mandating Employer Healthcare Expenditures"[October 3, 2008, Health Lawyers Weekly, Vol. VI, Issue 38, AHLA]In a closely watched decision, the Ninth Circuit ruled September 30 that the Employee Retirement Income Security Act (ERISA) does not preempt a San Francisco Ordinance setting new healthcare spending

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-63892087266538903052008-07-02T14:34:00.005-04:002008-07-02T14:58:35.822-04:00

Roy v. City of Harriman, E2007-00785-COA-R3-CV (Tenn. Ct. App. June 30, 2008)In a recent Tennessee Court of Appeals case, the court held that the Tennessee Peer Review Law creates a privilege that bars not only the discovery of peer review-related information, but also the use of such information.This cause of action arises out of statements made by Dr. William E. Bennett to PHP Companies, Inc. (

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-66350253405131741602008-06-30T21:28:00.005-04:002008-07-01T10:57:06.817-04:00

Ch. 919, 2008 Tenn. Pub. Acts (effective Oct. 1, 2008)TN Public Chapter No. 919 amended Title 29, Chapter 26, Part 1 of the Tennessee Code Annotated to require plaintiffs or plaintiff's counsel to file a Certificate of Good Faith within 90 days after filing a complaint in any medical malpractice action in which expert testimony is required by § 29-26-115. The Certificate of Good Faith shall state

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-22117426272134555222008-06-29T15:07:00.003-04:002008-06-29T15:12:43.744-04:00

[Source: Health Lawyers Weekly, Vol. 6, Iss. 25, June 27, 2008 - AHLA]The Department of Health and Human Services Secretary correctly determined that a physician who pled nolo contendere on charges of attempting to defraud TennCare, Tennessee’s Medicaid managed care program, was “convicted” of a criminal offense under applicable federal statutes and therefore subject to a mandatory five-year

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-47202390015280750772008-06-14T00:59:00.003-04:002008-07-08T15:57:55.588-04:00

[Source: Health Lawyers Weekly, June 13, 2008, Vol. 6, Iss. 23 - AHLA]The U.S. Supreme Court unanimously held June 9 that the False Claims Act (FCA) requires proof that the defendant “intended that the false statement be material to the Government’s decision to pay or approve the false claim.”The opinion, authored by Justice Samuel Alito, reversed a Sixth Circuit decision that held it was

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-48395301545077727522008-06-03T20:14:00.006-04:002008-06-03T20:25:47.785-04:00

Thomas v. Oldfield, No. M2007-01693-COA-R3-CV (filed June 2, 2008)The issue on appeal in this medical malpractice action is whether the hospital is vicariously liable for the acts or omissions of an emergency room physician. The trial court summarily dismissed all claims against the hospital finding that it was not vicariously liable for the conduct of the emergency room physician because he was

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-71095116005651866072008-05-31T19:32:00.004-04:002008-05-31T19:38:35.609-04:00

[Source: Health Lawyers Weekly, May 30, 2008 (Vol. 6, Iss. 21) - AHLA]A federal district court ruled May 19 that it lacked subject matter jurisdiction over a physician’s breach of contract and related claims against a hospital that suspended his medical staff privileges following a peer review audit of patient records.In granting the plaintiff-physician’s motion to remand the case back to state

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-66346190595490460912008-05-31T19:04:00.004-04:002008-05-31T19:22:34.256-04:00

[Sources: Health Lawyers Weekly, May 30, 2008 (Vol. 6, Iss. 21) - AHLA]Two hospitals in separate medical malpractice actions may be liable for the alleged negligence of certain independent contractor physicians based on an apparent agency theory, the Tennessee Supreme Court ruled recently.Reversing appeals court decisions granting summary judgment in the hospitals’ favor, the high court found

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-35975813168033626122008-05-16T20:14:00.002-04:002008-05-17T02:18:06.352-04:00

More hospitals requiring payment before treatmentIn a front-page story, the Wall Street Journal (4/28, A1, Martinez) reports that many "[h]ospitals are adopting a policy to improve their finances: making medical care contingent on upfront payments." According to the American Hospital Association, "[u]ncompensated care cost the hospital industry $31.2 billion in 2006, up 44 percent from $21.6

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-205973293173540672008-04-18T01:22:00.008-04:002008-04-18T01:34:08.323-04:00

The Tennessee Court of Appeals recently found that a hospital's bylaws were part of a physician's employment contract. In James C. Gekas, M.D. v. Seton Corporation, d/b/a Baptist Hospital, the plaintiff physician sued the defendant hospital for breach of contract after the hospital declined to promote him to a permanent position on its medical staff. He claimed that the hospital’s bylaws were

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-14287031453842710852008-04-13T23:44:00.002-04:002008-04-13T23:46:55.572-04:00

"Federal Preemption: The Drug and Device Trilogy" by J. Carter Thompson, Jr., Stephanie M. Rippee, and Amy L. Champagne, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC[Source: Health Lawyers Weekly, Vol. 6, Iss. 11 - AHLA]

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-20772239500913683182008-04-13T23:35:00.002-04:002008-04-13T23:36:15.720-04:00

[Source: Health and Life Sciences Law Daily, March 24, 2008 - AHLA]The Boston Business Journal (3/21, van der Pool) reported that "healthcare lawyers...say that in recent years they have fielded more inquiries from doctors and healthcare organizations about the best way to terminate a doctor-patient relationship." Since physicians are "under ethical and legal obligations to provide medical

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-7455969054899514512008-04-13T23:29:00.002-04:002008-04-13T23:33:31.041-04:00

["Not So Fast on the Health Insurance Mandates" by Karl Manheim, Professor of Law, Loyola Law School Los Angeles, and Jamie Court, Chairman of the Santa Monica-based Consumer Watchdog - The Los Angeles Times, March 24, 2008]Are health insurance mandates constitutional? They are certainly unprecedented. The federal government does not ordinarily require Americans to purchase particular goods or

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-12281349277519028342008-04-13T22:56:00.002-04:002008-04-13T22:58:23.084-04:00

[Source: Health Lawyers Weekly, Vol. 6, Iss. 13 - AHLA]A Tennessee hospital is not liable under the Emergency Medical Treatment and Labor Act (EMTALA) for transferring a patient who developed an emergency condition 17 days after she was admitted for hemodialysis to treat her kidney disease, a federal district court in that state ruled March 24.The U.S. District Court for the Eastern District of

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-50260008468154574102008-04-13T22:43:00.001-04:002008-04-13T22:45:42.448-04:00

[Source: Health Lawyers Weekly, Vol 6, Iss. 13 - AHLA)The Centers for Medicare and Medicaid Services (CMS) issued a final rule April 2 establishing Part D e-prescribing standards for formulary and benefits, medication history, fill status notification, and identification of individual healthcare providers.The new standards apply to all Part D sponsors, as well as to prescribers and dispensers

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-77362588524538348052008-04-13T22:35:00.001-04:002008-04-13T22:40:09.868-04:00

[Source: Health and Life Sciences Law Daily, April 7, 2008 - AHLA]The Tennessean (4/6, Emery) reported that "the nursing home industry as a whole is fighting to impose new limits" on lawsuits related to negligence. In Tennessee, the Nursing Home Patient Protection Act of 2008, a bill "under discussion in the state Legislature," would "keep many lawsuits out of courts altogether, make the cases

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-1052942580863168002008-04-13T22:15:00.002-04:002008-04-13T22:26:27.191-04:00

[Source: Health and Life Sciences Law Daily, April 9, 2008 - AHLA]The Legal Intelligencer (4/9, Duffy) reports that in a 2-to-1 decision (pdf) issued Tuesday, the 3rd U.S. Circuit Court of Appeals in Philadelphia, Pa., "ruled that the makers of Paxil (paroxetine) and Zoloft (sertraline) cannot be sued for failing to warn of a risk of suicide because the Food & Drug Administration (FDA) has

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-13404652383644749992008-02-24T22:34:00.003-05:002008-02-24T22:38:22.784-05:00

- CMS proposed rule on Medicaid premiums and cost sharing- CMS proposed rule on state Medicaid flexibility- CMS final rule on medical necessity determinations- CMS final rule on Medicare secondary payer amendments- CMS final rule reducing provider tax rate - HHS Proposed Rule implementing Patient Safety Act

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-71410751116470860352008-02-22T23:00:00.002-05:002008-02-22T23:07:30.214-05:00

Public Chapter No. 391 (Amends T.C.A. § 68-11-312)T.C.A. § 68-11-312(b) states: "There is no implied covenant of confidentiality or other restriction that precludes (1) health care providers from communicating with each other in the course of providing care and treatment to a patient, or (2) a health care provider from responding to a request from a hospital regarding entries in the patient's

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-98239378461420082008-02-22T22:38:00.003-05:002008-02-22T22:45:20.760-05:00

Tennessee Attorney General Opinion No. 08-31, February 20, 2008(Notice to Bureau of TennCare re: Medicaid/Medicare Benefits Due to Separation Asset Division)Questions:In any case seeking a divorce or legal separation in which the disabled spouse has a conservator and is receiving either Medicare/Medicaid benefits, is notice to the Bureau ofTennCare required as a prerequisite to granting relief?In

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-32030968562350904292008-02-22T22:06:00.003-05:002008-02-22T22:20:16.817-05:00

[Source: Health Lawyers Weekly, February 22, 2008 - AHLA]The Centers for Medicare and Medicaid Services (CMS) proposed a pair of rules February 22 that would give states more flexibility in designing their Medicaid programs and require increased cost-sharing from beneficiaries.The rules, which would implement provisions of the Deficit Reduction Act of 2005 and the Tax Relief and Health Care Act

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-55148108455288371122008-02-21T15:24:00.003-05:002008-02-21T15:28:25.388-05:00

[Source: Health and Life Sciences Law Daily, February 21, 2008 - AHLA]In a front-page story, the New York Times (2/21, A1, Greenhouse) reports that on Wednesday, the U.S. Supreme Court ruled in the case of Riegel v. Medtronic Inc. (PDF) that "[m]akers of medical devices like implantable defibrillators or breast implants are immune from liability for personal injuries as long as the Food and Drug

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-57970092536022189152008-02-08T22:28:00.000-05:002008-02-08T22:37:00.327-05:00

[Source: Health Lawyers Weekly, February 8, 2008 - AHLA]By Janice Ziegler, Ramy Fayed, and Katie Pawlitz, Sonnenschein, Nath, and Rosenthal LLPOn December 19, 2007, Congress passed the Medicare, Medicaid and SCHIP Extension Act of 2007* (the Act), which included modifications to the Medicare Secondary Payer (MSP) laws. The Act, which was signed into law on December 29, 2007, imposes significant

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-88105299071404494902008-02-08T21:22:00.000-05:002008-02-08T22:14:16.118-05:00

Corporate Responsibility and Corporate Compliance: A Resource for Health Care Boards of Directors (4/2003)This educational resource is designed to help health care organization directors ask knowledgeable and appropriate questions related to health care corporate compliance. These questions are not intended to set forth any specific standard of care. Rather, this resource will help corporate

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-84549268264642243202008-02-08T21:06:00.000-05:002008-02-08T21:09:36.770-05:00

Here is the corrected opinion, which replaces the opinion filed on November 8, 2007.

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-28673971928272224982008-02-03T22:34:00.000-05:002008-02-03T22:42:07.944-05:00

According to a study, A Progress Report On State Health Access Reform, published in Health Affairs, enactment of ambitious health reform laws in Massachusetts and Vermont in 2006 helped instigate a wave of state legislative activities to expand coverage to uninsured people. The study identifies thirty-nine states that have enacted laws in at least one access category since 2006. At least thirteen

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-45001471153111179592008-02-03T21:16:00.000-05:002008-02-03T21:31:07.072-05:00

Waller Lansden publishes its 2007 Hospital Investments in Competiveness: Financing Options survey.

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-50397313117642742242008-02-03T20:16:00.001-05:002008-02-03T20:24:07.464-05:00

In Waller Lansden's Healthcare blog, attorneys Jim Mathis and Josh Collins note that the U.S. District Court for the Western District of Tennessee recently dismissed a qui tam suit brought against Baptist Medical Center in Memphis, Tenn., which alleged that Baptist violated the False Claims Act (FCA) by falsely certifying compliance with Medicare’s Conditions of Participation (CoPs). The court

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-65711627013843907682008-02-03T19:03:00.000-05:002008-02-03T19:19:46.390-05:00

FierceBiotech reports that according to a recent survey of more than 350 venture capitalists, entrepreneurs, corporate buyers, investment bankers and research analysts, KPMG, LLP (the U.S. audit, tax and advisory firm) found that 51 percent of respondents expected venture capital activity to continure rising in 2008. Of those surveyed, 24 percent indicated that greentech/cleantech sectors will

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-43595003671831416472008-02-03T18:50:00.000-05:002008-02-03T18:52:51.496-05:00

Modern Healthcare Online reports: Hospitals added roughly 10,000 workers in January, climbing 0.2%, to bring total hospital employment to about 4.58 million, according to seasonally adjusted figures from the Bureau of Labor Statistics. All figures are preliminary. For the 12 months ended in January, hospital payrolls added nearly 112,600 workers, an increase of 2.5%.Physician office employment

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-78735308311870589962008-02-03T18:15:00.000-05:002008-02-03T18:30:19.512-05:00

The Tennessean reports: Vanderbilt Medical Center has decided to stop doctors, faculty members and others who work on campus from accepting meals or gifts from the drug industry in a bid to reduce the companies' influence on patient care and trim spending on drugs (the drug industry spends $25 billion a year on promotions to influence patients and doctors who write prescriptions). The plan will

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-81577036115605064662008-02-01T12:46:00.001-05:002008-02-01T12:59:38.276-05:00

Corporate Counsel reports: Corporate America has generally argued that the federal government should prevail over the states when they have conflicting laws and regulations. The question of who trumps whom is now before the U.S. Supreme Court, which has agreed to hear five cases involving preemption. The five preemption cases before the Supreme Court involve product liability, transportation of

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-76423133143552971992008-01-27T13:50:00.000-05:002008-01-27T13:54:52.921-05:00

"Amendments to Labeling: Implications for Preemption Defense," Health Lawyers Weekly, AHLA, January 25, 2008 by Joseph P. McMenamin and Deborah M. Russell, McGuireWoods LLPIn what is sure to be seen as more ammunition for the battle over the preemption defense, the Food and Drug Administration (FDA) proposes rulemaking to codify its longstanding view that changes to labeling for approved products

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-50074088223473593892008-01-27T13:33:00.001-05:002008-01-27T13:39:42.866-05:00

[Source: Health Lawyers Weekly, January 25, 2008 - AHLA]A Tennessee physician who was convicted of healthcare fraud and making false statements for administering partial doses of chemotherapy medications to cancer patients while billing for full doses received a “reasonable” prison sentence of 188 months (15 years, eight months), the Sixth Circuit ruled January 16.Among other issues, the appeals

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-28997702893275711482008-01-27T13:11:00.000-05:002008-01-27T13:29:31.327-05:00

[Source: Health Lawyers Weekly, January 25, 2008 - AHLA]The Golden Gate Restaurant Association (GGRA) said January 21 that it has decided not to petition the full Ninth Circuit to overturn a unanimous panel decision allowing a San Francisco ordinance setting new healthcare spending mandates for employers to go into effect.A three-judge panel of the Ninth Circuit in a January 9 order agreed to

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-84072905657135439842008-01-07T19:49:00.001-05:002008-01-07T19:50:04.660-05:00

[Source: Health and Life Sciences Law Daily, January 4, 2008 - AHLA]In a front-page article, the New York Times (1/4, Pear) reports, "The Bush administration is imposing restrictions on the ability of states to expand eligibility for Medicaid." The restrictions prevent states "from offering coverage to families of modest incomes who, the administration argues, may have access to private health

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-11159669554143394172008-01-07T19:29:00.000-05:002008-01-07T19:32:18.820-05:00

[Source: Health and Life Sciences Law Daily, January 2, 2008 - AHLA]The AP (12/29) reported that the Dispensary of Hope, a "nonprofit organization that provides free sample medications to Tennesseans who don't have insurance, will be able to expand its program with the help of a $1 million grant from the state." The funds will enable the program "to expand from three sites to nine in Tennessee."

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-35091748456155541062007-12-31T15:34:00.000-05:002007-12-31T15:47:20.164-05:00

FierceBiotech reports that: "2007 may well go down as the year that Big Pharma went beyond merely embracing biotechnology and decided that now was the time to marry up with the new technology. With Big Pharma's accountants totting up the last big rewards from a slew of blockbusters, biotech was seen at the next big thing in therapeutics, and companies were willing to spend big to get in the act."

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-17678216204551919232007-12-14T22:34:00.000-05:002007-12-14T22:37:06.487-05:00

FY 2008 EO Implementing Guidelines

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-66303777568073087492007-12-14T21:59:00.000-05:002007-12-14T22:26:34.646-05:00

In White v. Premier Med. Group, a wrongful death action, the decedent, Wastille Jones, was admitted to Gateway Medical Center with back pain and was negligently given an overdose of narcotics by the defendant, Scott William McLain, M.D. Jones was subsequently transferred to ICU where she was intubated, but a mucous "plug" obstruted the endotracheal tube, restricting oxygen flow. Jones died the

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-38713319148953613372007-12-14T21:14:00.000-05:002007-12-14T21:38:19.025-05:00

Michael W. Peregrine, of McDermott Will & Emery LLP, writes in Health Lawyers Weekly (December 14, 2007), "The Return of Alter Ego": "In the recent decision, Network for Good v. United Way of the Bay Area, the San Francisco Superior Court applied the hoary legal concept of alter ego to allow a small charity to “pierce the corporate veil” of a United Way affiliate and attribute millions of dollars

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-73171653041544302582007-12-14T11:07:00.000-05:002007-12-14T21:03:25.464-05:00

The United States Supreme Court has granted certiorari to hear two cases to determine whether the manufacturer of a medical device approved for sale by the Food and Drug Administration (FDA) can be sued for damages under state law if the device injures a patient. In particular, the Court will determine whether the express preemption provision of the Federal Food, Drug and Cosmetic Act (FDCA)

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-22639924205881865692007-12-14T00:00:00.000-05:002007-12-14T00:05:43.002-05:00

[Source: Health Lawyers Weekly, December 7, 2007 - AHLA]A pharmaceutical benefits manager (PBM) was not a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) by virtue of the services it provided pursuant to its contract with the sponsor of an employee benefits plan, a federal trial court in Tennessee ruled November 13.. . . .Plaintiff alleged Caremark acted as an ERISA

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-62630194500759526882007-11-27T12:20:00.000-05:002007-11-27T12:23:14.744-05:00

[Source: Health and Life Sciences Law Daily, November 27, 2007 - AHLA]CQ Healthbeat (11/27, Carey) reports, "The Centers for Medicare and Medicaid Services (CMS) on Monday sent a series of options to Capitol Hill to change Medicare hospital payment so that it is based on the quality of care a facility delivers." Building on the existing Medicare "Value-Based Purchasing Program," which "pays

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-14782302927503597252007-11-16T21:58:00.000-05:002007-11-16T22:23:10.065-05:00

In a November 2007 CBO Study, "The Long-Term Outlook for Health Care Spending," the CBO suggested that, in the absence of changes in federal law:Total spending on health care would rise from 16 percent of gross domestic product (GDP) in 2007 to 25 percent in 2025, 37 percent in 2050, and 49 percent in 2082.Federal spending on Medicare (net of beneficiaries' premiums) and Medicaid would rise from

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-44184167716747868492007-11-16T21:44:00.000-05:002008-02-08T21:10:55.785-05:00

[Source: Health Lawyers Weekly, November 16, 2007 - AHLA]A durable power of attorney for healthcare authorizes the attorney-in-fact to enter into an arbitration agreement on behalf of a resident as part of a nursing home’s admissions process, the Tennessee Supreme Court held November 8.Thus, the appeals court upheld the pre-dispute arbitration agreement in so far as plaintiff argued the

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-46087846236439753902007-11-16T09:28:00.000-05:002007-11-16T09:47:01.650-05:00

[Source: Health and Life Sciences Law Daily, November 16, 2007 - AHLA]Fortune Magazine (11/16, Simons) reports, "The world's third-largest drug company, Sanofi-Aventis is facing a shareholder lawsuit for allegedly hyping a weight-loss pill that eventually failed to pass FDA muster." The class-action lawsuit alleges "that Sanofi's statements regarding anti-obesity drug, Zumulti, 'were materially

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-82341901109466164692007-11-15T16:49:00.000-05:002007-11-15T16:52:32.923-05:00

Kaiser Daily Health Policy Report: The medical privacy rule issued following passage of the Health Insurance Portability and Accountability Act might limit the ability of epidemiologists to conduct studies in the U.S., according to a study published on Wednesday in the Journal of the American Medical Association, the Pittsburgh Post-Gazette reports (Fahy, Pittsburgh Post-Gazette, 11/13).The HIPAA

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-73935528117952475992007-11-15T16:38:00.000-05:002007-11-15T16:41:17.029-05:00

Healthcare Financial Management Association (HFMA): On Nov. 13, HHS Secretary Mike Leavitt announced that the department, through the Centers for Medicare and Medicaid Services (CMS), is proposing rules to adopt new standards to advance the use of electronic prescribing (e-prescribing) for formulary and benefit as well as medication history transactions used under the Medicare prescription drug

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-37610870673341363092007-11-15T16:29:00.000-05:002007-11-16T09:50:04.628-05:00

The Joint Commission, in a recent press release, shows that according to its second annual report on health care quality and patient safety in the nation's hospitals, American hospitals are making measurable strides in the quality of care provided for patients with heart attacks, heart failure, pneumonia and surgical conditions.Among the specific findings in the 2007 report:Accredited hospitals

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-63815802562347958432007-11-14T16:04:00.000-05:002007-11-29T12:02:55.391-05:00

Public Chapter 487NON-COMPETE COVENANTS BEWEEN HEALTH CARE PROVIDERS AND EMPLOYEESThis new law sets forth parameters for reasonable non-compete covenants between health care providers and employees upon termination or conclusion of the employment or contractual relationship. It applies to health care providers licensed by the Board of Registration in Podiatry, Board of Chiropractic Examiners,

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-30954344883295243192007-11-14T11:15:00.000-05:002007-11-14T11:16:45.346-05:00

[Source: Health and Life Sciences Law Daily, November 14, 2007 - AHLA]HealthDay (11/14, Reinberg) reports, "Experts at the U.S. Food and Drug Administration are meeting Wednesday to hear arguments on whether or not pharmacists might someday bypass doctors and directly provide consumers with certain drugs that now require a prescription." If such a plan is adopted, "it would create a new class of

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-90145193286934408512007-11-14T11:10:00.000-05:002007-11-14T11:12:52.492-05:00

[Source: Health and Life Sciences Law Daily, November 14, 2007 - AHLA] USA Today (11/14, Wolf) reports, "More than 30,000 Medicaid providers in seven states failed to pay more than $1 billion in federal taxes last year, but the government can't trim healthcare payments in order to collect," according to a report by the Government Accountability Office (GAO). "In its fifth report to a Senate panel

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-13339563380798410292007-11-07T11:25:00.000-05:002007-11-07T11:26:51.982-05:00

[Source: Health and Life Sciences Law Daily, November 7, 2007]The AP (11/7) reports that on Tuesday, a three-judge panel of the 6th U.S. Circuit Court of Appeals "upheld the dismissal of a lawsuit nicknamed 'Roe v. Wade for Men,'" which was filed on behalf of Matthew Dubay by the National Center for Men. Dubay "said he shouldn't have to pay child support for his ex-girlfriend's daughter," because

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-53733251706105249062007-11-02T22:29:00.001-04:002007-11-02T22:37:58.762-04:00

[Source: Healthcare Financial Management Association (HFMA)]CMS Issues 2008 Outpatient Prospective Payment System Final RuleOn Nov. 1, the Centers for Medicare and Medicaid Services (CMS) continued its initiative to link payment with quality in a final rule with comment period updating the hospital Outpatient Prospective Payment System (OPPS), effective for services furnished during CY08. The

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-59500710374156269612007-11-02T21:49:00.001-04:002007-11-02T22:04:33.655-04:00

The American Hosptial Association (AHA) released the results of its Annual Survey of Hospitals in October. In its Uncompensated Hospital Care Cost Fact Sheet, AHA said that the data from the Annual Survey showed that hospitals had uncompensated care costs amounting to $31.2 billion (5.7% of total expenses) in 2006. However, uncompensated care excludes other unfunded costs of care, such as

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-35965775524671039962007-11-02T21:21:00.000-04:002007-11-02T21:35:56.145-04:00

[Source: Health Lawyers Weekly, November 2, 2007]The U.S. District Court for the Southern District of Alabama granted a motion for interlocutory appeal October 15 on the question of whether whether § 1395w-26(b)(3) of the Medicare Act is a complete preemption statute. The court ruled in the instant case that at least some of plaintiffs' state law claims were completely preempted, while the same

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-152425673968189462007-11-02T21:03:00.000-04:002007-11-02T21:09:47.767-04:00

[Source: Health Lawyer's Weekly, November 2, 2007]A physician's communications with his attorney via his hospital-employer’s email system were not protected from discovery under the attorney-client privilege or work product doctrine in a subsequent employment dispute, a New York court ruled October 17.According to the court, because hospital policy explicitly prohibited personal use of its email

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-10803546619865860812007-11-02T20:13:00.000-04:002007-11-02T20:34:13.708-04:00

The Tennessee Department of Commerce & Insurance released the 2007 Medical Malpractice Claims Report, which showed a decline in medical malpractice judgments and settlements in 2006. Tennessee trial courts issued six medical malpractice judgments totaling $4,951,459 (down from $6,075,724 in 2005). Settlements in 2006 occurred for 15.24% of medical malpractice claims, totaling damage payments of

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-74700479664199420842007-11-02T09:48:00.000-04:002007-11-02T09:56:15.749-04:00

[Source: Health and Life Sciences Law Daily, November 2, 2007]HealthDay (11/2, Preidt) reports, "In 2006, introduction of the U.S. Medicare Part D prescription drug benefit increased the number of seniors' prescriptions by 158 million, at a cost of $32 billion to Medicare," according to a study published in the November/December issue of the journal Health Affairs. Co-author Frank Lichtenberg, a

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-1153845325915981202007-10-24T18:48:00.000-04:002007-10-24T18:52:36.690-04:00

[Source: Health and Life Sciences Law Daily, Oct. 24, 2007]Congressional Quarterly (10/24, Bloedorn) reports, "Several key medical groups have announced their support for legislation (S 2029) that would require pharmaceutical companies to report any gifts given to physicians." The legislation, "sponsored by Sen. Charles E. Grassley (R-Iowa), and co-sponsored by Sen. Herb Kohl (D-Wis.)," would

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-63869862773956785812007-10-19T20:18:00.000-04:002007-10-19T20:21:30.105-04:00

The Kaiser Family Foundation has released an interactive online tool to compare the healthcare proposals of presidential candidates. The tool, 2008 Presidential Candidate Health Care Proposals: Side-by-Side Summary, summarizes positions in four overall categories: access to healthcare coverage, cost containment, improving the quality of care, and financing.

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-61725130596172939212007-10-19T19:48:00.000-04:002007-10-19T19:50:29.025-04:00

[Source: Health Lawyers Weekly, October 19, 2007]The Panel on the Nonprofit Sector has released Principles for Good Governance and Ethical Practice: A Guide for Charities and Foundations aimed at helping organizations strengthen their effectiveness and accountability.The Guide describes six principles that all charitable organizations must take because they are required by law as well as 27

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-53868938438652014762007-10-15T12:04:00.000-04:002007-10-15T12:07:40.508-04:00

Davidson County - This appeal involves a disciplinary proceeding against a registered nurse. After receiving a report that a registered nurse left her patients in a hospital’s medical/surgical unit before the end of her shift, the Tennessee Board of Nursing commenced a contested case proceeding to discipline the nurse. Following the hearing, the Board ordered the nurse to pay a $1,000 civil

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-76581857303428469392007-10-09T10:57:00.000-04:002007-10-12T16:25:29.726-04:00

[Source: Health and Life Sciences Law Daily, October 9, 2007]The AP (10/9) reports, "The federal government has approved a three-year TennCare waiver extension that will leave the state with about $270 million less than needed to cover growing hospital costs, state officials announced today." However, the CMS-approved agreement "is an improvement over an original proposal that would have left

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-22574491871106479152007-10-08T16:58:00.001-04:002007-10-08T16:59:19.893-04:00

[Source: Health and Life Sciences Law Daily, October 8, 2007]American Medical News (10/8, Sorrel) reports that on Sept. 17, the Federal Trade Commission (FTC) issued an advisory opinion that "has opened the door for a physician and hospital network to contract jointly with health plans under a clinical integration program." In only the second opinion (pdf) of its kind, "the Health Care Division

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-3150340562823479442007-10-08T16:38:00.000-04:002007-10-08T16:40:02.165-04:00

[Source: Health and Life Science Law Daily, October 8, 2007]Modern Healthcare (10/6, DerGurahian) reported that the HHS awarded nine grants totaling $22.5 million to health information exchanges "to test implementation of a nationwide health information network, officials announced." Specifically, the grants will be used to test the Nationwide Health Information Network, or NHIN, "a trial network

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-21134454550447511692007-10-02T12:51:00.000-04:002007-10-02T13:06:19.101-04:00

The United States Supreme Court granted certification to review Riegel v. Medtronic, 451 F3d 104 (2nd Cir. 2006), to determine whether the express preemption provision of the Medical Device Amendments to the Food, Drug, and Cosmetic Act, 21 U.S.C. §360k(a), preempts state-law claims seeking damages for injuries caused by medical devices that received premarket approval (PMA) from the Food and

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-25451289075404631592007-09-28T22:55:00.000-04:002007-09-28T22:59:32.672-04:00

The Joint Commission reports:Physicians and medical staff members who have concerns about the safety and quality of care at their hospital may report those concerns with the understanding that retaliatory disciplinary action is prohibited, according to explicit new rules announced today by The Joint Commission. The accreditation participation requirement previously referred generally to hospital

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-68281502142856649432007-09-28T20:51:00.000-04:002007-09-28T21:02:06.659-04:00

[Source: Health Lawyers Weekly, Sept. 28, 2007]A medical center’s proposal to compensate physicians for providing on-call coverage does not run afoul of the Anti-Kickback Statute, the Department of Health and Human Services Office of Inspector General (OIG) said in an Advisory Opinion posted September 27.Faced with a shortage of physicians willing to provide ED on-call coverage, the medical

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-522177238555654342007-09-28T09:36:00.001-04:002007-09-28T22:08:02.233-04:00

[Source: Health and Lifes Sciences Daily, Sept. 28, 2007]The AP (9/28, Bridges) reports that on Thursday, President Bush signed the Food and Drug Administration Amendments Act of 2007 (H.R. 3580 ), which grants the FDA "broad new powers to ensure the safety of prescription drugs used by millions of Americans." The new law reauthorizes, for five years, "programs to collect fees from drug and

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-13671010435598919972007-09-28T09:33:00.000-04:002007-09-28T09:35:19.300-04:00

[Source: Health and Life Sciences Daily, Sept. 28, 2007]The New York Times (9/27, C3, Pollack) reported, "Seven of the largest pharmaceutical companies have formed a group to develop genetic tests to determine which patients would be at risk from dangerous drug side effects." The FDA has "encouraged" the formation of the group, called "the International Serious Adverse Events Consortium." One of

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-88782444257375288632007-09-21T16:08:00.000-04:002007-09-21T16:09:35.252-04:00

[Source: Health Lawyer's Weekly, Sept. 21, 2007]The Centers for Medicare and Medicaid Services (CMS) issued this week a final rule establishing user fees for healthcare providers and suppliers cited for deficiencies with federal quality of care requirements that require a “revisit” to ensure appropriate corrective action.The final rule is effective as of the date of its publication in the Federal

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-7079182344985008362007-09-21T12:50:00.000-04:002007-09-21T12:52:55.164-04:00

[Source: Health and Life Science Law Daily, Sept. 21, 2007]Law.com (9/21, Hirsch) reports that next week, California's 4th District Court of Appeal will hear arguments in the "closely watched" Hailey v. California Physicians' Service (pdf), a case that "challenges Blue Shield of California's practice of rescinding coverage based on inaccuracies in an application." The case centers the issue of "

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-73147143554346496802007-09-21T12:26:00.000-04:002007-09-21T15:40:34.320-04:00

[Source: Health and Life Science Law Daily, Sept. 21, 2007]The AP (9/21, Bridges) reports, "Congress sent President Bush legislation Thursday giving the Food and Drug Administration new powers to ensure the safety of prescription drugs. The Senate passed the FDA bill by voice vote Thursday, a day after the House approved it by an overwhelming margin."The Wall Street Journal (9/21, A12, Rubenstein

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-53313807060294857022007-09-20T10:10:00.000-04:002007-09-20T10:11:22.177-04:00

[Source: Health and Life Sciences Daily, Sept. 20, 2007]Modern Healthcare (9/20, DoBias) reports that the HHS "has unveiled a road map that would parlay current health initiatives, such as the use of information technology and evidence-based practices, into a workable system in which scientists and physicians could 'customize' the care they give to an individual based on that person's genetic

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-3181933642063291382007-09-20T09:40:00.000-04:002007-09-20T10:02:45.032-04:00

[Source: Health and Life Sciences Daily, September 20, 2007]The CBS Evening News (9/19, lead story, 2:10, Couric) reported, "Congressional negotiators have agreed on an overhaul of the Food and Drug Administration to give it more power to protect us from potentially dangerous food and medications. The bill would give the FDA the power, for the first time ever, to demand studies on the safety of

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-44639426232236053592007-09-19T22:53:00.000-04:002007-09-19T23:08:30.171-04:00

In July, the Senate Health, Education, Labor and Pensions HELP Committee gave the thumbs up to the Biologics Price Competition and Innovative Act of 2007 (S. 1695), which lays out a pathway for approving the development of follow-on biologics."This Act amends section 351 of the Public Health Service Act to provide for an approval pathway for safe biosimilar and interchangeable biological products

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-9201927862974397572007-09-19T21:53:00.000-04:002007-09-19T22:51:38.261-04:00

On Friday, September 7th, the House passed HR1908 (currently before the Senate, S. 1145)The bill focuses on minimizing patent litigation by making it harder to claim the infringement of intellectual property and taking away lawsuits' potential rewards. The bill calls for a first-to-file standard, allows post grant reviews, and has a narrower definition of willful infringement.See Fish &

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-64904626583775928512007-09-18T12:48:00.001-04:002007-09-20T12:09:19.688-04:00

In, Marissa Miller, a minor, by and through her mother, and next friend, Miranda Miller v. John Dacus, M.D. - M2006-02728-SC-R23-CQ View, the Tennessee Supreme Court held that child born alive does have an independent cause of action for injuries caused by the failure of a physician to obtain informed consent from the child’s mother during labor.In 2003, the Plaintiff through her mother and next

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-79642446922353613402007-09-18T12:38:00.000-04:002007-09-18T12:39:25.007-04:00

[Source: Health and Life Sciences Law Daily, Sept. 18, 2007]The Washington Post (918, A4, Weiss) reports that according to a National Institutes of Health panel, "tests on an Illinois woman who died mysteriously in July after getting an experimental gene treatment show no evidence that she was killed directly by the genetically altered viruses she was given" by Targeted Genetics, a Seattle

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-30247888574476549562007-09-18T12:33:00.000-04:002007-09-18T12:34:58.153-04:00

[Source: Health and Life Sciences Daily, Sept. 18, 2007]The Wall Street Journal (9/18, A1, Anand) reports, "Doctors, particularly oncologists, rely on medicines approved for other diseases to try to save patients for whom all other treatments have failed. But as new medicines come to market at ever-higher prices, insurers are pushing back, limiting coverage of these drugs to only the disease for

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-9553982096079113242007-09-18T12:30:00.001-04:002007-09-18T12:30:57.862-04:00

[Source: Health and Life Science Daily, September 18, 2007]The New York Times (9/18, A22, Pear) reports that according to a study appearing in the Web edition of the journal Health Affairs, a huge variation exists "in personal health spending among states, ranging from an average of nearly $6,700 a person in Massachusetts to less than $4,000 in Utah." The study "said that Massachusetts, Maine,

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-8792233839984299672007-09-17T17:34:00.000-04:002007-09-17T17:36:41.814-04:00

I've recently posted a list of commonly used Health Law Statutes and Regultions here.

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-26730773428237927882007-09-17T16:33:00.001-04:002007-09-17T16:34:34.602-04:00

[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,

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-5630733626733131182007-09-17T15:58:00.001-04:002007-09-22T19:34:00.536-04:00

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

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-80735208763229779612007-09-13T20:57:00.000-04:002007-09-13T22:20:35.208-04:00

Covenants Not to CompeteHLD, v. 33, n. 8 (August 2005)]Tennessee Supreme Court holds covenants not to compete in physician contracts Are unenforceable as a matter of public policy. Such agreements are permissible in two limited circumstances, which themselves include certain restrictions, as specified by state statute--namely, when the employer is a hospital or an affiliate of a hospital, and

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-44968104686481977182007-09-13T10:01:00.001-04:002007-09-13T10:02:12.759-04:00

[Source: Health and Life Sciences Law Daily, September 13, 2007]Modern Healthcare (9/13, Lubeli) reports that Kerry Weems, acting CMS administrator, "laid out his agenda to reporters and promised to introduce more transparency in the way the CMS does business. Starting at the end of the month, for example, all corrective-action measures between the CMS and Medicare Advantage plans will be made

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-6933723813648505762007-09-13T09:59:00.000-04:002007-09-13T10:00:28.062-04:00

[Source: Health and Life Sciences Law Daily, September 13, 2007]The Tucson Explorer News (9/12, Stebbins) reported that "Community Health Systems, parent company of Northwest Medical Center, has reached a settlement with plaintiffs in a class-action lawsuit filed in 2003 involving physical access barriers at Northwest's Oro Valley facilities." Still awaiting approval by the U.S. District Court,

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-54426939303866366602007-09-13T00:53:00.000-04:002007-09-13T00:57:40.612-04:00

[Source: WSJ Health Blog, posted by Jacob Goldstein]Docs make lots of money by investing in medical facilities — like surgery centers and MRI shops — and then sending their patients to them for care. The consultants at McKinsey figure the profit to doctors from this self-dealing runs in the neighborhood of $8 billion a year.Medicare doesn’t like it, citing overuse, and could soon begin denying

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-2656660467941214782007-09-12T09:29:00.000-04:002007-09-12T09:30:25.592-04:00

[Source: Health and Lifes Sciences Daily, September 12, 2007]The Washington Post (9/11, HE1, Baker) reported that "despite resistance from primary-care physicians and fears that the development could erode continuity of care," the number of hospitalists has "exploded" from "a few hundred" in 1997 to 20,000, which is "the fastest growth for any medical specialty in the country," according to the

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-74188039204574926952007-09-08T19:31:00.000-04:002007-09-08T19:46:55.993-04:00

[Source: "Update: IRS 'Community Benefit' Compliance Check" by Michael Peregrine et al.]The community benefit standard serves as the principal standard under which most modern-day hospitals derive their tax-exempt status under Code § 501(c)(3).The community benefit standard was not adopted by federal legislation but, rather, was adopted by the IRS primarily in a 1969 revenue ruling (Rev. Rul. 69-

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-76054240694687730422007-09-08T18:15:00.000-04:002007-09-08T18:18:47.590-04:00

[Source: "Current Perspectives on Healthcare GovernanceA Roundtable Discussion Among Experts: Part II", AHLA]Excerpt:Mr. Silverman: Mr. Schwartz, lets focus on today’s governance environment at the state level nationally. What are the most important governance issues you can suggest to a nonprofit board going forward, to steer the organization in ways that would negate, or lessen, negative

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-85556374473992257812007-09-08T18:04:00.000-04:002007-09-08T18:09:22.835-04:00

[Source: "Current Perspectives on Healthcare Governance: A Roundtable Discussion Among Experts: Part I", AHLA]Excerpt:Mr. Silverman: Mr. Levine, what is the most important federal statute that addresses document destruction, and one to keep in mind when a company is designing and implementing its document retention policy?Mr. Levine: In my view, it is 18 U.S.C § 1519, added to the criminal code

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-6142018909632446352007-09-08T17:45:00.000-04:002007-09-08T18:04:53.773-04:00

[Source: "Current Perspectives on Healthcare Governance: A Roundtable Discussion Among Experts: Part I", AHLA]Some Department of Justice policies for pursuing criminal charges:Prior criminal history, rogue employee or pervasive institutional conduct, severity of conduct and victim impact, adequacy of compliance programs, remedial efforts and disciplinary sanctions, self-disclosure and cooperation

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-1100804125045270972007-09-08T17:35:00.000-04:002007-09-08T17:44:37.853-04:00

Counsel should be current on:developments in state charitable trust law, including guidance from the state Attorney General on matters of governance and fiduciary duty;federal tax law developments and IRS announcements concerning executive compensation, conflicts of interest, and excess benefit transactions;guidance from rating agencies concerning governance for tax exempt bond issuers;general

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-11899104380046497522007-09-08T01:14:00.000-04:002007-09-08T01:16:20.502-04:00

[Source: Health Law Weekly, September 7, 2007]The Joint Commission announced September 6 a revised accreditation participation requirement that explicitly provides that physicians and medical staff may report quality of care concerns with the knowledge that the hospital is prohibited from taking any retaliatory action.Although the previous requirement referred to general hospital staff, it was

Kevin A Pagenoreply@blogger.comtag:blogger.com,1999:blog-976849022614464957.post-34070520866840955242007-09-08T00:39:00.000-04:002007-09-08T16:46:35.645-04:00

[Source: Health Lawyers Weekly, September 7, 2007]The U.S. District Court for the District of Massachusetts certified as a class action August 27 a lawsuit brought on behalf of individual consumers and health plans claiming that McKesson Corporation (McKesson) and First DataBank, Inc. (FDB) violated the Racketeer Influenced and Corrupt Organizations Act (RICO), as well as California state law, by

Kevin A Pagenoreply@blogger.com