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Health Law

Healthcare Law Blog

Healthcare law issues including Compliance counseling for HIPAA, Stark law, Anti-kickback Statute, CMP and fraud and abuse defense, healthcare criminal defense, joint ventures, anti-trust, and professional license disputes affecting Mountain West states Montana, Idaho, Wyoming, Utah, Colorado, New Mexico, and Nevada.
By Greg Piche

Post Frequency: 0.5/day

Last Entry: December 21, 2010 at 18:18:24

HOLLAND & HART HEALTHCARE LAW BLOG MOVES TO SINGULARITYLAW.NET

Posted on December 21, 2010
There comes a time when a strategic "repotting" is required to revive strangled roots. This is such a time. The Holland & Hart Healthcare Law Blog published its first post in February of 2003. It was the first health care law blog and the one of the first if not...

HOLLAND & HART HEALTHCARE LAW BLOG MOVES TO SINGULARITYLAW.NET

VIRGINIA HEALTHCARE REFORM DECISION: TAX OR PENALTY, INDIVIDUAL RIGHTS OR COLLECTIVE RESPONSIBILITY?

Posted on December 16, 2010
One of the interesting components of the evisceration of the the ?Minimum Essential Coverage? provision in the health care reform bill, (?ACA?) by Virginia Federal District Court Judge Henry E. Hudson, recently is his rejection of the government?s assertion that the ?penalty? contained in Section 1501 of the ACA for...

VIRGINIA HEALTHCARE REFORM DECISION: TAX OR PENALTY, INDIVIDUAL RIGHTS OR COLLECTIVE RESPONSIBILITY?

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VIRGINIA HEALTHCARE LAW DECISION: CAN CONGRESS REGULATE ECONOMIC INACTION?

Posted on December 15, 2010
Judge Hudson?s decision invalidating Sec. 1501 of the recent health reform bill, the ?Accountable Care Act? or ?ACA? in Commonwealth of Virginia v. Sebelius, in the U.S. District Court for the Eastern District of Virginia, addresses the key question as to whether Congress can regulate ?economic inactivity? under the provisions...

VIRGINIA HEALTHCARE LAW DECISION: CAN CONGRESS REGULATE ECONOMIC INACTION?

YELPING DENTIST BIT BY FEDERAL COMPUTER DECENCY LAW.

Posted on December 09, 2010
Glen Reit, D.D.S. a dentist practicing in Manhattan received a number of favorable reviews from the online consumer reviewing service, ?Yelp.? All was well until an anonymous post by a ?Michael S.? described his office as ?small,? ?old,? and ?smelly.? Judging from the name of the web site, there was...

YELPING DENTIST BIT BY FEDERAL COMPUTER DECENCY LAW.

OKLAHOMA FEDERAL JUDGE AUTHORIZES SUBSTITUTE USE OF NEMBUTOL TO AID IN EXECUTIONS.

Posted on November 22, 2010
There has been a shortage of thiopetal sodium recently, the anesthetic of choice in executions by lethal injections, which has temporarily halted executions in a number of jurisdictions that unlike, Texas, have not stocked up on the drug. The manufacturer of the drug Hospira, Inc...

OKLAHOMA FEDERAL JUDGE AUTHORIZES SUBSTITUTE USE OF NEMBUTOL TO AID IN EXECUTIONS.

?Barking? Radiologist Bites Hospital for $4 Million Dollars.

Posted on November 20, 2010
On March 4, 2008, this blog published a story about St. James Healthcare in Butte, Montana and its having obtained an injunction against a radiologist, Dr. Jesse Cole, enjoining him from allegedly threatening staff and contacting prospective radiologists being recruited to St...

?Barking? Radiologist Bites Hospital for $4 Million Dollars.

FTC WORKING WITH CMS ON ACO ISSUES BUT SAYS ACO CLINICAL INTEGRATION SHOULD PASS ANTITRUST SCRUTINY

Posted on November 19, 2010
It was raining here in Washington Wednesday, but the FTC is sunny about the compatibility of FTC guidance on clinical integration of health care providers and the thrust and aim of ACO healthcare delivery systems. Marcus H. Meier, Assistant Director for theHealth Care Division, Bureau of Competition, Federal Trade Commission,...

Physician Rebates on Pharmaceuticals Inducements or Volume Discounts?

Posted on November 06, 2010
Can physicians be swayed in the prescription of drugs by volume purchase discounts that return substantial rebates to them on highly expensive drugs? In an article in the New York Times this week, (Pollock, ?Secret Rebates Offered on Costly Eye Drug, November 3, 2010?) a Times Reporter explored the practice...

PHYSICIAN FINGERED IN INSIDER TRADING FRAUD

Posted on November 04, 2010
Police arrested Dr. Yves M. Benhamou, a French physician, in Boston recently, charging him with leaking information to Front Point Partners a hedge fund owned by the investment bank, Morgan Stanley. Benhamou, one of five physician overseeing a clinical trial of the drug Allbuferon developed by Human Genome Sciences, Inc...

ANOTHER STATE TAX EXEMPTION DECISIONS SEPARATES FROM ?LIBERAL? FEDERAL DEFINITION OF CHARITABLE PURPOSE.

Posted on November 03, 2010
With perhaps some eye toward the Illinois decision in Provena Covenant Medical Center et al. v. Department of Revenue, 2010 WL 9668858 (2010), an Ohio appellate court affirmed the denial of property tax exemption to a dialysis company that had been granted a federal Section 501(C)(3) tax exemption, finding that...

THE ?MASSIVE REDISTRIBUTION OF WEALTH? AND 31 OTHER INTERESTING STATISTICS AFFECTING THE HEALTHCARE REFORM.

Posted on November 01, 2010
The United States has undergone a massive redistribution of wealth in the last 30 years. In 1980 the top 1 percent of taxpayers reported 8.5 % of the nations reported income to the Internal Revenue Service. In 2008, the top 1 percent of taxpayers reported receiving 20% of the nation?s...

HOSPITAL CONFLICT RESOLUTION POLICIES.

Posted on October 18, 2010
Most hospitals today have adopted policies for dealing with disruptive conduct within the hospital setting. Most of these policies relate to forms of harassment, intimidation and violence. There are of course the omnipresent ?disruptive physician? policies that relate to physicians acting out in unprofessional manners like berating staff and throwing...

JOINT COMMISSION MANDATES CHANGES IN HOSPITAL/MEDICAL STAFF COMMUNICATION EFFECTIVE MARCH 31, 2010.

Posted on October 16, 2010
In less than 6 months, March 31, 2011 to be exact, the new Joint Commission Standard for hospital medical staff bylaws, MS 01.01.01, will be implemented. The focus of the new standard is to improve communication and coordination among a hospital?s governing body, its medical executive committee and the hospital...

ARMENIAN GANGSTERS RIP MEDICARE FOR $35 MILLION DOLLARS PLUS.

Posted on October 14, 2010
Is this a great country or what? Newly arrived immigrant gangsters from Armenia have helped themselves to the largess of Medicare to the tune of $35 million dollars and more by creating a loose network of false health clinics, staffed by real physicians and patients whose identities had been stolen...

BRING ENOUGH ?CHARITY? IN HUNT FOR HOSPITAL TAX EXEMPTION?

Posted on October 04, 2010
Robert Ruark, the novelist and big game hunter, used to encourage his fellow hunters to ?use enough gun? when hunting dangerous animals. If the reasoning of the Illinois Supreme Court recently in Provena Covenant Medical Center V. Department of Revenue 2010 WL966858 (2010) gains traction beyond the state court ruling...

?Jumping Jelly Beans? and Surgeon?s ?very bad day? lead to Summary Suspension and NPDB Report.

Posted on September 30, 2010
?Pitching a fit? in a hospital operating room can land a surgeon in the National Practitioner Data Bank. In Leal, M.D. v. Secretary, U.S. Dept. of HHS issued on September 22, 1010, the Eleventh Circuit Court of Appeals affirmed the decision of the trial court upholding the determination by the...

NON PROFIT HOSPITAL CHARITY CARE ?OUT OF THE CLOSET? WITH PPACA?

Posted on September 28, 2010
Sen. Charles Grassley (R) Iowa, arranged to insert language in Section 9007 of the Patient Protection and Affordable Care Act, the health reform bill signed into law in March of 2010 that requires not for profit hospitals to adopt and disclose financial assistance policies for the medically underserved who are...

GREGORY R. PICHE? TO ADDRESS NATIONAL FORUM ON CLINICAL INTEGRATION.

Posted on September 27, 2010
Gregory R. Piche? will speak on the subject of avoiding tax liability in the clinical integration of tax exempt organizations on November 17, 2010 in Washing D.C. at the National Forum on Clinical Integration. November 15-17, 2010 | Washington, DC American Conference Institute's National Forum on Clinical Integration The Authoritative...

Can the Affordable Care Act Bend the Cost Curve and Can Physicians Survive It?

Posted on September 21, 2010
One of the great premises of the Patient Protection and Affordable Care Act (?PPACA?)enacted last March is that it can reach ahead and bend down the rising cost curve of health care in this country. The necessity of doing so cannot be reasonably debated although the means can...

THE PROMISE AND PERIL OF EVIDENCE BASED CLINICAL STANDARDS.

Posted on September 12, 2010
A key component of the governments efforts to bend the cost curve for health care is the use of technology and new health delivery structures to introduce ?evidence based? clinical standards for the treatment of patients. Technology will be useful in determining the most clinical effective modalities of treatment and...

THE GREAT NURSE ANESTHETIST ?OPT OUT? DEBATE

Posted on September 03, 2010
Under Medicare rules Certified Registered Nurse Anesthetists (?CRNAs?) must be supervised by a physician, typically an anesthesiologists or perhaps by a surgeon in rural areas where anesthesiologists are not available. Medicare has a state ?opt out? provision which permits CRNAs to practice without supervision of a physician...

THE END OF MEDICINE: How Silicon Valley (and Naked Mice) Will Reboot Your Doctor by Andy Kessler, Collins 2007.

Posted on August 21, 2010
Andy Kessler is an irreverent, flip and highly readable writer who poses an interesting single question and than doggedly pursues an answer, with a lot of biting asides to entertain the reader. The question is, given the exponential decline in cost of technology in Silicon Valley and its exponential increase...

THE SINGULARITY IS NEAR: When Humans Transcend Biology. by Ray Kurzweil, Viking Press, 2005.

Posted on August 20, 2010
Recent developments in brain scanning through technological refinements of SPECT, fMRI and PET scans that monitor water, blood and/or glucose movement in the human brain to observe actual brain functioning as opposed to structure are providing a wealth of new information concerning its organization, complexity and integration...

HOSPITALS INSTALL MEDIATION CENTERS TO QUELL PATIENT VIOLENCE AGAINST DOCTORS

Posted on August 13, 2010
Is access to quality healthcare a right of all citizens or a privilege for the privileged? Consider the prospect of a growing disparity between the halves and have nots and the frustration of those excluded from the better hospitals and physicians because of the inability to pay...

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