Showing 63 posts in Physicians.
Physicians and other Health Professionals may be held Liable for Discrimination in Choosing Patients
In a recent decision, the Michigan Court of Appeals held that a physician can be liable for discrimination under Michigan law for refusing to provide artificial insemination services to a single woman. Moon v Michigan Reproductive & IVF Center, PC.
A woman contacted a physician at a clinic about in vitro fertilization services. When the physician learned that the woman was single, he advised her that the clinic did not offer insemination services to single women. Afterwards, the woman sued the clinic for discrimination based on marital status. Read More ›
Categories: Compliance, Hospitals, Physicians
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What is the Effect of Recent, Landmark First Amendment Cases on the Ability of a Tax Exempt Organization to Engage in Political Activities?
In 2010, the United States Supreme Court in Citizens United v. Federal Election Commission ("Citizens United") reinforced the free speech rights of corporations and labor unions to participate in the political process through independent communications expressly advocating the election or defeat of a clearly identified candidate. Also in 2010, the United States District Court for the Western District of Michigan held in Michigan Chamber of Commerce v. Land1 ("Michigan Chamber of Commerce") that corporations could pool their resources with other corporations in order to exercise their rights to make independent expenditures expressly advocating the election or defeat of a candidate. Read More ›
Final ACO Regulations are Released - Is this the Beginning of a New Era for Health Care?
The U.S. Department of Health and Human Services released the final rules for Accountable Care Organizations ("ACOs") on October 20, 2011. (The final rules will be officially published in the November 2, 2011 issue of the federal register.) The Centers for Medicare and Medicaid Services issued a press release that contains an overview of the ACO initiative as well as relevant links to related documents. Read More ›
Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians
Choosing Your Health Care Alliance Partner
Everyone in the health care industry is confronted with consolidation. If you are a health care provider, you are likely to be confronted with it as governmental regulations and cost pressures continue to prompt alliances and networks among competitors. Also, anyone looking to engage in the new Accountable Care Organizations created by the Health Reform Act most likely will be joining forces with additional health care entities. As a health care business attorney, I have been on both sides of the table. If you are considering an alliance, here are a few suggestions for you to consider based upon my experience in selecting an alliance or network partner. Read More ›
Categories: Health Care Reform, Hospitals, Insurance, Physicians
Hot Off the Presses: Foster Swift Health Care Law Newsletter
The latest edition of the Foster Swift Health Care Law Newsletter has just been released. Topics include Electronic Health Records, Medicare Reimbursement for Resident Research and Hospital Community Needs Assessments. In order to whet your appetite, below is a brief summary of the articles: Read More ›
Categories: Billing/Payment, Electronic Health Records, Health Care Reform, Health Insurance Exchange, HITECH Act, Hospitals, Medicare/Medicaid, Physicians
Medicare Provider-Supplier Revalidation: Are You Ready?
All providers and suppliers that were enrolled with the Medicare program prior to March 25, 2011 will be asked to revalidate their enrollment information in the near future. According to a statement issued by the Department of Health and Human Services' Centers for Medicare and Medicaid Services ("CMS"), intermediaries will begin contacting providers and suppliers to do the following: Read More ›
Categories: Billing/Payment, Health Care Reform, Hospitals, Medicare/Medicaid, Physicians
Score Tied: Health Reform - 1, Opponents - 1
The 11th Circuit Court of Appeals recently issued a decision declaring that the "individual mandate" provisions of the Patient Protection and Affordable Care Act ("PPACA") are unconstitutional. This decision directly conflicts with the decision issued by the 6th Circuit Court of Appeals earlier this summer. Read More ›
Categories: Health Care Reform, Hospitals, Insurance, Physicians
US Supreme Court Protects the Free Speech of Pharmaceutical Detailers
The US Supreme Court recently delivered a victory to data miners and pharmaceutical manufacturers in a June 23, 2011 decision, which held that a Vermont statute was an unconstitutional restriction of free speech rights. In William Sorrell v IMS Health, Inc., 564 US --- (2011), the Court reviewed a Vermont statute that prohibited the use of prescriber-identifiable information (details of a physician's prescription practices) for marketing or promoting a prescription drug. The statute was intended to target the practice of "detailing" a pharmaceutical representative's use of a particular physician's prescribing history to tailor a sales pitch to that physician in an effort to persuade him or her to prescribe certain (high profit or brand name) drugs. Because various Circuit Courts of Appeal had reached opposite conclusions on the constitutionality of similar statutes, the United States Supreme Court agreed to hear the case. Read More ›
Categories: Physicians
Doctors Going to Jail for Medicare Scams
The month of June has been flush with medical professionals heading to jail for Medicare fraud.
Most recently, a Miami-Dade county doctor, Dr. Rene de los Rios was given a lengthy 20 year sentence for his participation in a Medicare fraud scheme. Dr. de los Rios falsified hundreds of patient records to the tune of $46.2 million for HIV therapy. Many of his patients received kickbacks. While, Dr. del los Rios' attorney argued for a shorter sentence (given his client's 72-years of age), the U.S. District Judge refused and instead chastised Dr. del los Rios for violating his medical oath, stealing from the vulnerable government program, and disgracing himself. Read More ›
Categories: Fraud & Abuse, Physicians
CMS Discarding Unanswered FOIA Requests
The Centers for Medicare and Medicaid Services ("CMS"), like other federal agencies, generally has 20 days (plus a 10 day extension) to respond to requests for information under the Freedom of Information Act ("FOIA"). However, CMS responses seem to take quite a bit longer.
Last week, I received a response to a FOIA request that I filed with CMS in March of 2010. That's right: 2010. In its response, CMS explained that when it is busy, it utilizes a "first-in, first-out" approach when responding to requests. Read More ›
Categories: Hospitals, Physicians, Regulatory
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.