Legal developments affecting the healthcare industry.
By Ralph Levy, Jr. On November 1, 2012, the Centers for Medicare & Medicaid Services (CMS) finalized previously announced changes to the Medicare Physician Fee Schedule (MPFS) for services furnished by physicians during calendar year 2013. These payment changes will affect different specialties in different ways. For example, payments to family physicians will increase by …
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By Tatiana Melnik The Rutland Herald of Vermont, reports that Kathy Tatro was sentenced in a Bennington, Vermont criminal court on Friday, November 23, 2012, to a suspended jail term of 6 to 12 months, 2 years of probation, 160 hours of community service, a $2,000 fine, and ordered to write a letter of apology …
By James M. Burns Declaring that “The potential for anticompetitive product design is particularly acute in the pharmaceutical industry,” on November 21 the FTC filed an amicus brief in Mylan Pharmaceuticals v. Warner Chilcott Public Limited Company (E.D. Pa.), urging the court not to accept the view that “product-hopping” (the practice of repeatedly reformulating a …
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By Keith C. Dennen EMTALA requires hospitals to provide “appropriate” medical examination and treatment to individuals who come to the emergency room. Medicare requires hospitals to provide a list of doctors who are “on-call” to provide this treatment. Doctors, particularly specialists, are refusing to be “on-call” unless they are paid for this service. What does …
Continue reading “Anti-Kickback Statute and On-Call Payments to Physicians”
By Tatiana Melnik In early September 2012, the Eleventh Circuit decided Resnick v. AvMed, Inc., reversing, in part, a motion to dismiss, and thereby permitting a class action against AvMed, a Florida health plan provider, that arose from the theft of unencrypted information to move forward. Specifically, the Court ruled that: (1) plaintiffs claiming actual …
By James M. Burns This is a summary version of an article authored by James Burns that was originally published in the October 2012 edition of Managed Healthcare Executive. A link to the full article is set forth below. On July 9, WellPoint and Amerigroup, two prominent health insurers, announced that they intended to merge …
Continue reading “Federal Antitrust Review Applies to Health Insurance Mergers”
By Tatiana Melnik The Stage 2 Meaningful Use requirements make clear that the federal government is continuing its push to require healthcare providers to use information technology. The requirements also make clear, however, that patient privacy and security has not been sidelined. With this emphasis on making information available to patients online, providers must remember …
Today, Dickinson Wright PLLC launches its latest blog: DW Health Law Blog. Our Health Law Blog will provide you with up-to-date information on new issues impacting the healthcare industry. The Blog will be updated on at least a weekly basis with posts on topics that affect the healthcare industry. Our goal is to help you …