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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: 0.4/day

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

CHILD MEDICARE SUIT MAY PROCEED IN SOUTH CAROLINA

Posted on April 10, 2009
Senior U.S. District Judge Malcolm Howard recently ruled that a motion to dismiss a class action brought by the defendants in McCartney v. Lanier Cansler, Secretary North Carolina Department of Health and Human Services, No 7:08-CV-57-H(3), must be denied...

TIME TO REMOVE PROFIT FROM HEALTH CARE FINANCE?

Posted on April 05, 2009
The recent controversy of former Washington Post Reporter T.R. Reid?s abrupt exit and excise from Nightline?s ?Sick Around America? program that ran on March 31, 2009, underscores a growing debate in the U.S. as to whether President Obama?s healthcare reform proposals are, in the words of Mr...

I ESCAPED FR0M A RAC [AUDIT]- A GUEST ARTICLE.

Posted on April 02, 2009
[Todays post is by Joan c. Ditges, RN, the principal in Legal Nurse Associates, Inc. a consulting company engaged in Medical Record Reviews, Summations and Analyis and a consultant to this firm] CMS couldn?t have chosen a more appropriate month for the initial nationwide roll out of the Recovery Audit...

Greg Piche' To Address HFMA Colorado Chapter Annual Conference On April 24, 2009

Posted on March 31, 2009
Greg Piche will address the HFMA Colorado Chapter Annual Conference on April 24, 2009 at the Cheyenne Mountain Resort in Colorado Springs, Colorado. The Topic will be "Consent Orders - Messenger Model". Recently the Federal Trade Comission issued a press release involvling the messenger model and 2 IPA's, one ow...

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Stem Cell Research on Again, Time to Celebrate [Guest Editorial]

Posted on March 26, 2009
Among many other things that the Obama administration addresses --one of the most important far reaching actions in my opinion is the go-ahead to stem cell research. This was important scientific research that can help prevent diseases and in the development of better medicine to give a second chance at...

CAN STRATEGIC WITHDRAWAL IN DRUG WAR FINANCE HEALTH CARE REFORM?

Posted on March 25, 2009
Perhaps now is the time to think about it. These may be the most difficult times in the history of the Republic since the Civil War. We are engaged in two foreign wars and Wall Street melt down. Our economy has been in free fall. Runaway health care costs continue...

HCQIA IMMUNITY CAN APPLY TO PEER REVIEW OF PRIVATE PHYSICIAN CONDUCT.

Posted on March 23, 2009
In the recent case of Moore,, MD v. Williamsburg Regional Hospital et al., No. 07-1966 (4th Cir. 2009), a federal court of appeals addressed the issue of how far a hospital peer review can go in considering the private conduct of a physician in suspending his or her hospital privileges...

Failed Abortion Leads To Viable Claim For Wrongful Birth of Healthy Child.

Posted on March 20, 2009
In Dotson V. Bernstein, P.C., M.D., (Colo. App. , No. 08CA 0020 2009), the Colorado Court of Appeals reversed a non-suit granted by the District Court, to hold that Dionne Dotson had stated an actionable claim for negligence and damages against Dr. Dell L...

"Socially Assistive" Robots: New Care Givers?

Posted on March 15, 2009
On March 10, the Washington Post ran a stimulating piece by Anita Slomski ?I?m here to Make You Feel Better,? about the development of interactive robots that have the potential to assist in the care of patients afflicted with autism, stroke, dementia, Alzheimer?s and other conditions that require a caretaker...

LITERALISM RULES IN RESPONDING TO MEDICAL BOARD QUESTIONAIRE.

Posted on March 11, 2009
Dr. Savitra Bhama, a psychiatrist born in the former West Pakistan in 1934 has a license to practice medicine in Michigan and Kentucky. She applied for a license to practice in the State of Ohio. In the questionnaire that the State Medical Board of Ohio required to be submitted along...

Fighting Statistical Sampling in Medicare RAC Audits, Part II of II.

Posted on March 03, 2009

Fighting Statistical Sampling in RAC Medicare Audits, Part I of II

Posted on March 02, 2009

Clink Awaits Record Shirking Shrink.

Posted on February 28, 2009

RECOVERY AUDIT CONTRACTORS (RAC) RETURN MARCH 1.

Posted on February 20, 2009
They?re back!!!. After a brief intermission to allow the Government Accounting Office to deal with challenges to contract awards, the Gov ernment is again gearing up for the 50 state roll out of the Recovery Audit Contract Program where contingent fee contractors get to rummage through the records of hospitals,...

California Charges Colorado Telemedicine Doctor with Crime.

Posted on February 14, 2009
On April 20, 2009, the People v. Hageseth is scheduled to commence trial in San Mateo, California. The Defendant, Christian Hageseth, M.D., a physician formerly licensed in Colorado is charged with violation of Section 2052 of California?s Business and Professional Code, which prohibits the practice of medicine in California without...

Evil In Contamination of Food and Medicine.

Posted on February 07, 2009
It is hard not to applaud the Chinese for their decision to execute officials for the contamination of milk sold domestically and abroad, even for those generally opposed to the death penalty. Unfortunately, the Chinese may have been motivated more by the impact of the unfavorable publicity than real concern...

Exclusive Anethesia Arrangement Fails Personal Services Exemption Under Stark.

Posted on February 03, 2009
Normally, anesthesia services contracts do not receive a lot of scrutiny with respect to Stark or Anti-kickback Statute ("AKS") compliance. Recently, the federal 3rd Circuit Court of Appeals had a chance to review and reverse a summary judgment granted in favor of a hospital and its anesthesia providers who claimed...

Can Faith Healthing Be a Crime? - Part II

Posted on January 28, 2009
The anticipated criminal trials of Jeffrey and Marie Beagley and Carl and Raylene Worthington in Oregon and Dale and Leiloni Neumann in Wisconsin this year raise again the specter of legal confrontation between individual rights guaranteed by the First Amendment to the Constitution and the ?police power? of a state...

Can Faith Healing Be A Crime? - Part I

Posted on January 25, 2009
2009 is shaping up to be a watershed year for the prosecution of parents who have undertaken faith healing in lieu of conventional medical or surgical treatment for children with life threatening illnesses or conditions. On Monday, January 26, 2009,Clakamas County in the State of Oregon will be trying Carl...

Getting Out of the National Practitioner Data Bank - Part II

Posted on January 23, 2009
Getting out of the NPDB is perhaps equivalent to escaping from Alcatraz ? a near impossible feat. Yet there are those who have accomplished it. The easiest way of course is to convince the hospital or other reporting entity that the report was improvidently submitted and that it should be...

Getting Out of the National Practitioner Data Bank, Part I

Posted on January 16, 2009
Once a physician or other health care provider is reported to the National Practitioner Data Bank, he or she is normally there for life. It is extremely difficult to get out. Some physicians have remarked that it is like having a "record," which like in the criminal context can result...

15 Ways to Eliminate ?Trust?In Health Care Organizations.

Posted on January 13, 2009
Trust" can be defined as confidence in the integrity, ability, character and truth of a person or thing. It is a dangerous commodity in a health care setting. Remember as the poet said, As contagion of sickness makes sickness, contagion of trust makes trust...

Colorado Denies Immunity from Physician Peer Review

Posted on January 07, 2009
In Peper v. St. Mary?s Hospital and Medical Center, No. 07CA2491, the Colorado Court of Appeals held that a Colorado hospital and medical stafff physicians who revoked the plaintiff?s hospital privileges without notice or a hearing failed to establish grounds for immunity under the Health Care Quality Improvement Act of...

Pfizer's "Double Blind" Bextra Bind -The Value of Clinical Data

Posted on December 30, 2008
Shortly before Christmas a Santa Clara County, California jury entered a $38 Million Dollar Judgment Against Pfizer, Inc. for allegedly stealing clinical data from the Ischemia Research and Education Foundation ("IREF"), concerning its acute arthritic pain drug, Bextra...

MT. Constitution Protects Doctor Assisted Suicide

Posted on December 24, 2008
The United States Supreme Court has thus far declined to find a constitutional right to doctor assisted suicide under either the Due Process Clause (Washington v. Glucksberg, 521 U.S. 702 (1997)) or under the Equal Protection Clause (Vacco v. Quill, 521 U...

Minn. Court Holds Medical Battery Does Not Require Expert Affidavit.

Posted on December 15, 2008
Most states have some form of statute or common law obligation that requires a plaintiff in a medical malpractice case to obtain an opinion or affidavit from a qualified physician that the conduct of a defendant physician was outside the standard of care...

Federal Appeals Court "Clocks" Nebraska Doc On Board's Letter of Concern

Posted on December 09, 2008
The Eigth Circuit Court of Appeals reversed a summary judgment in favor of the plaintiff physician in Kloch v. Kohl, No. 07-2120 ( 8th Cir.2008). Dr. Kloch received a Letter of Concern from the Nebraska Board of Medicine and Surgery, which was placed in his public file...

MONTANA MEDICAL EXAMINERS EXCULPATED

Posted on November 18, 2008
In Nelson v. State of Montana, No. 05-694, the Montana Supreme Court fractured over the liability of the Montana Board of Medical Examiners for negligent licensing of Dr. Thomas Stephenson, but the majority excused the board from culpability. In November of 1999, Dr...

Jesse?s Brain

Posted on October 20, 2008
21 year old Jesse Adams died of a heart condition shortly after turning 21. During a renewal of his driver?s license he signed a card indicating his intent to make an anatomical gift of his body organs. Meanwhile back at the ranch Stanley Medical Research Institute (SMRI), a Maryland non-profit...

FEDERAL COURT IN CALIFORNIA REFUSES TO DISMISS ANTITRUST AND STATE LAW CLAIMS AGAINST HCA HOSPITAL AFFILIATES FOR CHANGING COVERAGE RULES TO EXCLUDE PHYSICIAN.

Posted on October 13, 2008
The magistrate Judge in Fox v. William Piche et al.,, No. C08-1098 RS (D.C. N.Cal., San Jose Div. 2008) refused to dismiss antitrust and some state court actions brought by a critical care pediatrician against a number of officers of HCA Good Samaritan Hospital in San Jose, California...

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