The same characteristics that define Internet e-health commerce are also giving rise to increased scrutiny by government enforcement agencies. The U.S. Department of Justice has started to expand enforcement activities in matters related to e-health web sites for both HCFA and FDA.
Read More »OIG fraud alert for MD office space rental
The OIG’s basic concern is that rent paid by physicians to other physicians who refer patients to them may be disguised kickbacks paid to the physician-landlords to induce referrals.
Read More »All-products clauses in provider contracts
The aggressive use of all-products clauses in managed care participation agreements, sometimes referred to as "cram-down," is becoming the focus of increased scrutiny as insurers use them more coercively to build and retain their physician networks across product lines.
Read More »Liability for electronic medical communications
The emergence of e-mail communication in the delivery of patient care, although offering significant benefits, presents new legal and ethical challenges to physicians. If physicians are going to integrate electronic messaging systems into their practices, they need to be aware of the unique issues pertaining to such systems, inform patients of the relevant confidentiality, security and privacy issues presented by electronic medical communications and adopt appropriate policies, procedures and safeguards to meet the obligations associated with the use of such technology.
Read More »More safe harbor regulations for physicians
In addition to adding several new Safe Harbor Regulations, the regulations published by the OIG on November 19, 1999 revised several of the existing Safe Harbor Regulations that are relevant to physician practices.
Read More »Unionization of interns, residents and fellows
The NLRB has concluded that interns, residents and fellows qualify as employees under the National Labor Relations Act. There is little question that the decision will have an enormous impact on the unionization of teaching hospitals.
Read More »Safe harbors for ambulatory surgical centers
Physicians can now participate in the burgeoning Ambulatory Surgical Center marketplace as investors and protect themselves from violating the Anti-Kickback Statute.
Read More »Responsibilities to patients of insolvent MCOs
If a physician is contractually or statutorily obligated to continue treatment of patients of an insolvent PPO or HMO, he or she must do so or face exposure to liability and possibly licensure discipline.
Read More »Rules for responding to subpoenas
Responding in the wrong fashion risks contempt orders or a patient lawsuit. Consider rules that allow the physician to assess the situation and proceed in a lawful manner sometimes without consulting counsel
Read More »ERISA & disclosure of financial incentives
Breach of fiduciary duty occurs when physicians delay providing necessary treatment to or withhold administering proper care to plan beneficiaries for the sole purpose of increasing their bonuses. Analysis of the Herdrich case and other case law developments.
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