In a recent survey by the American College of Physician Executives, 97% of respondents–doctors and nurses–reported behavior problems between doctors and nurses. This disruptive behavior, which over 55% of respondents reported happens at least monthly, included degrading comments or insults, inappropriate joking, and refusing to speak to or work with…
Articles Posted in Health Law
2010 Medicare Fee Schedule Announced
Medicare published the 2010 Fee Schedule in the Federal Register today. This new final rule reflects changes to the physician fee schedule and other Medicare Part B payment policies. The full text of the rule can be found here. For more information on how these changes might affect you, contact…
Health Care Data Breach
Health Net became the latest company that lost data containing personal, financial and medical information of hundreds of thousands of Connecticut residents. The data disappeared from Health Net in May, but the company never informed consumers (or authorities) about the breach of privacy until about two weeks ago (a six-month…
CMS Delays PECOS
On November 23, 2009, CMS sent a notice delaying implementation of its registration requirements for the Medicare Provider Enrollment, Chain and Ownership System (PECOS) which affects physicians and non-physician practitioners who order items or services for Medicare beneficiaries or who refer Medicare beneficiaries to other Medicare providers or suppliers, providing…
2010 Home Health PPS Final Rule Addresses Program Integrity Issues
On November 10, 2009, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to update the Medicare Home Health Prospective Payment rates for the 2010 calendar year (the “Final Rule”). The Final Rule continues with the previously promulgated 2.75 percent reduction to the home health prospective payment…
Physician Tax? No, Thank You
Governor Granholm’s proposal to impose the Quality Assurance Assessment Program (“QAAP”) fee (A.K.A tax) on physicians–HB 5386–was defeated in the Michigan Senate by a 32-4 vote on Wednesday, October 28. The bill proposed that “the Department shall assess and collect a quality assurance assessment on physicians…at a rate of 3%…
Red Flags Exceptions Passed in House
Representative John Adler’s proposed Red Flags exceptions–H.R. 3763–passed in the House on October 23. Passing with a 400-0 vote, the bill exempts small businesses with 20 or fewer employees that meet certain requirements. The bill will next be sent to the Senate for vote. Notwithstanding this legislation, the Red Flags…
Bill Introduced to Exempt Category of Small Businesses from Compliance with Red Flags Rule
Representative John Adler introduced H.R. 3763 on October 8 to amend the definition of “creditor” in the Fair Credit Reporting Act to reflect the following exclusions: (A) a health care practice with 20 or fewer employees; (B) an accounting practice with 20 or fewer employees; (C) a legal practice with…
OIG Work Plan for FY 2010 Has Been Released
The OIG released its Work Plan for the 2010 fiscal year (FY) this week, to be effective beginning October 2009. The OIG’s Work Plan “describes the specific audits and evaluations that [the OIG has] underway or plan[s] to initiate in the FY ahead….The Work Plan also provides focus areas for…
HITECH Act Breach Notification Final Rule Published
The HITECH Act (The Health Information Technology for Economic and Clinical Health Act), enacted February 17, 2009, significantly supplemented and altered the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). One such provision of the HITECH Act made both covered entities and their business associates liable for breaches of…