Liability after Specialist Referral?
Dr. Abimbola Osunkoya referred a patient to an ENT specialist after observing that her tonsils were large and red and diagnosing her as suffering from tonsillitis. After the referral, he never saw the patient again.
Fri, 03 Feb 2012 00:00:00 GMT

Will New Payment Approach Work?
A prominent group of orthopedic surgeons has entered into an interesting joint venture with Saint Francis Hospital and Medical Center, the hospital at which they practice. According to Deirdre Shesgreen's article in ctmirror.org, an online publication, "[t]hey share financial data, analyze...
Fri, 03 Feb 2012 00:00:00 GMT

Health Care Reform and Tax Exemptions
In 2007, the Internal Revenue Service noted that approximately 50 percent of all nonprofit hospitals spent 3 percent or less of their gross revenues on charity care while at the same time paying their executives handsomely and vigorously chasing patients who could not pay their bills.
Fri, 03 Feb 2012 00:00:00 GMT

Another Turf Battle?
Back in 2010, the Connecticut State Dental Commission began a declaratory ruling proceeding. The intention was to determine whether or not “teeth whitening practices and/or procedures constitute the practice of dentistry as set forth in ... the Connecticut General Statutes.”
Fri, 03 Feb 2012 00:00:00 GMT

Do You Employ Persons Excluded From Medicare and Medicaid Reimbursement?
The Centers for Medicare and Medicaid Services (CMS) will not accept healthcare claims based on work done by "excluded persons".
Fri, 03 Feb 2012 00:00:00 GMT

Male Resident Catcalls:Compliment or Sexual Harasssment?
When does the traditional male "catcall" cross the line from compliment to sexual harassment?
Fri, 03 Feb 2012 00:00:00 GMT

What Constitutes a Breach of Protected Health Information (PHI)?
The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology For Economic and Clinical Health Act (HITECH) govern protected health information (PHI) privacy and security provisions.
Fri, 03 Feb 2012 00:00:00 GMT

Court Decisions Underlying the Profession of Physical Therapy
Some court decisions uphold physical therapy as a profession. A few decsions undermine this perspective by fraying the edges of the profession by allowingt doctors, chiropractors and other quasi medical profesessionals to own and/or operate a physical therapy practice.
Fri, 03 Feb 2012 00:00:00 GMT

Treating the Elderly with Dignity
In recent years there has been a dramatic increase in the number of claims filed for Violations of Patients Rights. Health & Safety Code § 1430(b) states "A current or former resident or patient of a skilled nursing facility...may bring a civil action against the licensee of a...
Thu, 02 Feb 2012 00:00:00 GMT

Another Way Of Looking At The Obesity Problem
One well-known trend in American demographics may be responsible for the emergence of a new concern in the healthcare employment setting - a trend that is spurring the Department of Labor's Occupational Safety and Health Administration (OSHA) to action.
Thu, 02 Feb 2012 00:00:00 GMT

No Bargaining Required Over Hospital's Flu-Prevention Policy
Recently, an administrative law judge (ALJ) found that Virginia Mason Hospital, which has a collective bargaining agreement with the Washington State Nurses Association, did not violate the National Labor Relations Act (NLRA) when - without bargaining with the union - it implemented a...
Thu, 02 Feb 2012 00:00:00 GMT

Obamacare By The Numbers
Two new studies just out highlight the extraordinary problems now facing the United States health system, and some of the consequences that could befall the country if critical parts of health reform are stripped away.
Thu, 02 Feb 2012 00:00:00 GMT

Employee Turnover: Effects & Implications Beyond the Obvious
For those who know me, when I finish my day as an attorney, I put on my family hat which includes my role as Regional Commissioner for my city's American Youth Soccer Organization (AYSO) where I am privileged to oversee 2,000 children and 300 volunteers. Additionally, I am honored to serve on...
Thu, 02 Feb 2012 00:00:00 GMT

Musings of a Frustrated Warrior: Championing the Rights of the Long Term Care Professional
It's old news to again pound the drum that litigation against the long term care provider is out of control. I don't need any study from the government, underwriters, or San Francisco University's Nursing School to tell me that a comparison of litigation costs over the last 15 years will show a...
Thu, 02 Feb 2012 00:00:00 GMT

Plaintiff’s Premature Death Does not Alter an Award of Future Medical Expenses
In Spangler v. McQuitty, the Maryland Court of Appeals addressed the question of whether the court should reduce a jury award of future medical care for a plaintiff who dies after the trial, but before post-trial motions. The Court held that Plaintiff’s post trial death could not be...
Thu, 02 Feb 2012 00:00:00 GMT

Who's Afraid Of A Little Snow?
Lots of folks may dream of a white Christmas, but healthcare employers often struggle with handling weather-related disruptions, such as snow days in the workplace. Even in a hospital, some departments or free-standing satellite facilities must deal with such events. Healthcare employers should...
Thu, 02 Feb 2012 00:00:00 GMT

Compensation for Vaccine Injuries
In 1986, Congress passed the National Childhood Vaccine Injury Act (NCVIA) to address the DTP vaccine supply shortage. The main goal of the NCVIA was to create the National Vaccine Injury Compensation Program (VICP). The program allows for those who have been injured or who have died from vaccines...
Wed, 01 Feb 2012 00:00:00 GMT

New Jersey Governor OK’s Phase out Of Cosmetic Procedures Tax; Pocket Vetoes Licensure of Surgical Practices
Earlier this month, we profiled two New Jersey pieces of legislation — http://www.saul.com/ media/site&under;files/3036&under;Health011312&under;v2.pdf — that were awaiting the signature of Governor Christie before becoming law. One of the bills, S2780/A4099, which would have required...
Wed, 01 Feb 2012 00:00:00 GMT

Top 10 OSHA Citations In The Healthcare Industry
Each year the Occupational Safety and Health Administration (OSHA) issues hundreds of citations to employers in the healthcare industry. While medical centers, doctors' offices, and clinics must all comply with a significant number of standards, the citations issued to hospitals remain relatively...
Wed, 01 Feb 2012 00:00:00 GMT

IRS Releases Revised Form 990 With Changes Affecting Joint Ventures, Compensation and Hospitals
On January 21, 2012, the Internal Revenue Service (IRS) released a revised version of Form 990 and accompanying instructions and schedules for tax year 2011. Notable changes to Form 990 and its associated schedules relate to joint ventures, investment partnerships, compensation disclosure and...
Wed, 01 Feb 2012 00:00:00 GMT