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Articles Posted in Health Law News

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CMS Publishes Proposed Rule on Privileging of Telemedicine Professionals

On May 26, 2010, CMS published a proposed rule revising the Medicare Conditions of Participation (CoPs) to give hospitals and critical access hospitals (CAHs) more flexibility in credentialing and privileging telemedicine physicians and practitioners (while not prohibiting hospitals from continuing to use traditional credentialing and privileging process if they please).…

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Physician Organizations Challenge Constitutionality of the Health Reform Law

Today, the Texas Spine & Joint Hospital and Physicians Hospitals of America jointly filed suit in U.S. Federal Court, Eastern District of Texas, challenging the constitutionality of Section 6001 of the Patient Protection and Affordable Health Care Act. Section 6001 prohibits physician-owned Medicare hospitals from expanding after March 23, 2010,…

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Shortage of Primary-Care Physicians

Despite efforts by the federal government to boost the ranks of primary-care physicians, an overwhelming number of physicians are choosing specialties other than internal medicine, and research has shown that internists leave the field mid-career at a much higher rate than other specialties. As a result, the shortage of primary-care…

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Patient Protection and Affordable Care Act: How its tax provisions impact individuals and businesses

The tax provisions of the Patient Protection and Affordable Care Act (the “Act”) will impact most taxpayers. To simplify matters, it is helpful to separate the changes that will take place in 2010 and 2011 from future changes. Changes in 2010 and 2011: – Starting in 2010, small businesses will…

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Smoking Banned in Health Facilities

Effective May 1, 2010, the Dr. Ron Davis Smoke-Free Air Law prohibits smoking in public places, food establishments, and workplaces. The prohibition applies to all health facilities, hospital long-term care units, nursing homes, hospices, and homes for the aged. Business operators must post “no smoking” signs, remove ash trays and…

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Updated Signature Guidelines for Medical Review Purposes

Medicare requires that services provided/ordered must be authenticated by the author with either a hand written or electronic signature (stamps are not acceptable), although there are a few exceptions: (1) facsimiles of original written/electronic signatures are acceptable for the certification of terminal illness for hospice; (2) some orders do not…

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Detroit-Area Man Pleads Guilty to Conspiracy to Commit Health Care Fraud in Kickback Scheme

A Detroit-area man plead guilty last week to conspiracy to commit health care fraud in an elaborate kickback operation to recruit Medicare beneficiaries to a clinic owned by his co-conspirators. According to the U.S. Departments of Justice (“DOJ”) and Health and Human Services (“HHS”), Melvin Young recruited Medicare beneficiaries to…