Medicine & the Law

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.

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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.

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