Medicine & the Law

Seemingly inconsistent rulings on the legitimacy of physician unions do suggest a coherent list of issues. Follow some of the recent cases ruled on by the NLRB.

A physician or practice that receives an audit notice from Xact Medical Services should take the matter seriously, and respond in a way that demonstrates medical necessity in a detailed fashion.

New regulations specify three levels of required physician supervision for diagnostic tests: General, Direct and Personal.

Malpractice suits are generally experienced as an assault on a physician’s competence and integrity. While they can’t choose whether to be sued, physicians can choose how to respond to a malpractice complaint.

The termination of a physician partner or associate is one of the most difficult things that could happen in a group, even when it is properly handled.

The problem of rapidly changing and significant clinical information requiring special use restrictions is not unprecedented. The case of genetic testing is presented in detail.

Medical patent law has changed recently. Will you or your colleagues now violate the law by using a certain medical procedure or device? Sift through some of the key statutory changes.

The most effective preventive risk management program for physicians is to maintain records from which anyone can determine what patient services were provided and to properly code the bills derived from those records. Some advice from former government insiders.

Physicians remain a favorite target in malpractice cases involving denial of treatment or referrals by managed care companies. Judicious record-keeping of office consultation, use of patient consent forms and investigation of HMO policies and track records are discussed as strategies to minimize your exposure to managed care company liability.

Duties of a board of directors, federal and state safeguards, and charitable asset requirements physicians should know, particularly those who are board members of a nonprofit contemplating selling their operating assets to for-profit businesses.