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Some malpractice-reform advocates say an apology can help doctors avoid getting sued, especially when combined with an upfront settlement offer. It’s all part of a new movement called “Sorry Works!” or “Say-You’re-Sorry”. In recent years, about fourteen states have passed laws allowing physicians and hospitals to apologize to patients for making mistakes without the fear of such apologies being used as admissions of guilt in subsequent litigation.
Continue Reading The “Say You’re Sorry” Movement

The Department of Health and Human Services, Office of Civil Rights (“OCR”), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers.
Continue Reading HIPAA Privacy and Disclosures in Emergency Situations

At a time when everyone in Louisiana appears to be focusing on the aftermath of Hurricanes Katrina and Rita, First Assistant United States Attorney for the Middle District of Louisiana Lyman Thornton assured Kean Miller in a January 25th interview that his office is continuing to focus on health care fraud violations. During the interview with Thornton, he stated that health care fraud has been and will continue to be a priority of his office.
Continue Reading Health Care Fraud Remains a Focus for U.S. Attorney in the Wake of Hurricanes Katrina and Rita

The Centers for Medicare and Medicaid Services (“CMS”) posted the final 2006 Physician Fee Schedule on November 1, 2005, thereby adopting the August 8, 2005 proposal to include diagnostic and therapeutic nuclear medicine services in two categories of designated health services that are subject to the federal physician self-referral statute (a.k.a., the “Stark Law”). This new change will prohibit physicians from referring patients to a facility where the physician (or an immediate family member) has a financial interest for listed nuclear medicine services, unless an exception applies. Of note, the final rule does not apply to the in-office exception that allows cardiologists to provide nuclear cardiac imaging in their offices.
Continue Reading CMS Adds Nuclear Medicine to the Services Subject to Stark – Delays Effective Date

In the wake of Hurricane Katrina, the Louisiana Department of Insurance has issued three (3) emergency rules to address issues resulting from the current State of Emergency. All rules retroactively become effective as of 12:01 a.m. on August 26, 2005, and shall continue in full force and effect for the duration of the present State of Emergency proclaimed by Governor Kathleen Blanco. Emergency Rule 15 relates to cancellation of insurance policies, notification requirements, and rate increases. Emergency Rule 16 applies to the settlement and business practices of insurance adjusters and requires all public adjusters operating in Louisiana to register with the Department of Insurance. The focus of Emergency Rule 17 is the continuation of health insurance coverage and the payment of claims to medical providers.
Continue Reading Louisiana Department of Insurance Issues Emergency Rules

On September 2, 2005, Louisiana’s Governor, Kathleen Babineaux Blanco, issued Executive Order No. KBB 2005-26. The order suspended all state licensure laws, rules and regulations for medical professionals and personnel from other states who offer medical services in Louisiana to those needing medical services as a result of Hurricane Katrina.
Continue Reading Louisiana Governor Revises Executive Order Suspending Licensure Requirements for Medical Professionals and Personnel

By the Kean Miller Health Law Team

The Department of Health and Human Services, Office of Civil Rights (“OCR”), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers.
Continue Reading HIPAA Privacy and Disclosures in Emergency Situations

It finally happened. The Centers for Medicare and Medicaid Services (“CMS”) released on August 8, 2005 as part of the changes to Medicare reimbursement for the 2006 Physician Fee Schedule a proposed change to federal regulations that would include diagnostic nuclear medicine services to the type of radiology services that are subject to the federal physician self-referral statute otherwise known as the Stark Law.
Continue Reading CMS Proposes to Add Nuclear Medicine Services to the Stark Law

United States Senators Vitter, Salazar, Thune and Demint have proposed legislation to amend and expand the “Importation of Prescription Drugs” statute found at 21 U.S.C. §384. The Importation of Prescription Drugs statute, which became effective December 8, 2003, allows for the importation of prescription drugs from Canada to pharmacists or wholesalers in the United States.
Continue Reading Pharmaceutical Market Access Act of 2005

The proliferation of laws and regulations related to Medicare, Medicaid, and physician licensing make many physicians unsure about what business decisions they may make or arrangements they may enter without taking risks too large to justify the business advantages. With the advent of more aggressive regulation, physicians are also concerned about the difficulty involved in billing accurately. This post addresses some common physician questions.
Continue Reading Common Physician Questions about Fraud and Abuse Laws