February, 2013

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MEDICAL MALPRACTICE: Montana Supreme Court Recognizes Cause of Action for Negligent Credentialing

The Health Law Firm

The author of this is article is Fred Shackelford, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. In a case of first impression, the Montana Supreme Court has joined courts from many other states in recognizing a cause of action for negligent credentialing of a physician. In Brookins v. Mote , 2012 MT 283, P.3d (not yet released for publication), an expectant mother hired an obstetrician who maintained a practice in his home.

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Medicaid Providers Beware: Failure to Appeal Audit Results or Pay Medicaid Overpayments May Result in Termination of License

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Our firm has been consulted recently by owners of different health care entities, including assisted living facilities (ALFs), group homes, home health agencies and even medical groups that had received Medicaid overpayment demands. Instead of requesting a formal administrative hearing to contest the overpayment assessment, they had failed to respond or only requested an informal hearing.

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CIVIL PROCEDURE: Recovery of Costs in Federal Court by Prevailing Party

The Health Law Firm

The author of this is article is Paul Ferrer, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. Parties who secure a favorable judgment in federal court may be happy with the outcome but should not forgo seeking their recoverable costs as well. The Federal Rules of Civil Procedure specifically provide that "[u]nless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney's fees—should be allowed to the pr

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Contracting 101: Tips for Physicians and Health Professionals - Part 6

The Health Law Firm

By Christopher E. Brown, J.D., The Health Law Firm, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. This blog is the sixth in a series intended to provide a review of the basics of contracting for physicians and health professionals, primarily by discussing employment agreements. We will highlight many of the common provisions found in employment contracts, along with many of the mistakes and pitfalls that we see in our day-to-day practice.

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3 Reasons to Retire Pagers from Healthcare Settings

Let's discuss the trusty pager—an old favorite that’s losing its shine in hospitals and clinics. While once a staple in hospitals and clinics, pagers now present significant limitations that hinder rather than facilitate communication among healthcare professionals. Healthcare professionals are constantly on the move, and they need communication tools that can keep up with their fast-paced lives.

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Negligence Will Determine the Success or Failure of the Meningitis Lawsuits Against Doctors and Clinics

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The victims and survivors of the meningitis outbreak are now filing lawsuits against the physicians and clinics that administered the tainted steroids. According to an article in The Tennessean, on January 29, 2013, a husband who lost his wife to fungal meningitis filed the first lawsuit against a Nashville outpatient clinic.

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CEO of Sanford-Burnham Resigns for Job in the Pharmaceutical Industry

The Health Law Firm

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Sanford-Burnham Medical Research Institute announced on January 14, 2013, that John C. Reed, M.D., Ph.D., has resigned as Chief Executive Officer (CEO). According to a press release from Sanford-Burnham, Dr. Reed accepted the position of Head of Roche Pharma Research and Early Development and member of the Corporate Executive Committee.

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Tips to Stay Off the Office for Civil Rights’ “Wall of Shame”

The Health Law Firm

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. As of February 2013, there are 537 cases listed on the Office for Civil Rights’ (OCR) “Wall of Shame.” These are breaches of unsecured health information affecting 500 or more individuals. The reports of these breaches of patient confidentiality are required by the Health Information Technology for Economic and Clinical Health (HITECH) Act.

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