Health Law Matters

Showing 20 posts in Individual Health Care Providers.

Physician Ventures in the Shadow of Stark – What Options Do We Have?

Hospitals may wish to enter into joint ventures with physicians for a variety of reasons. 

Hospital and Physician partnership Read More ›

Long-Term Care Facilities – Update Your Residential Agreements with Binding Arbitration Provision

According to the Centers for Medicare & Medicaid Services (CMS) final rule, effective September 16, 2019, long-term care (LTC) facilities can try to cut down on the cost of litigation by implementing a pre-dispute arbitration agreement with residents. Read More ›

Is ‘incident to’ billing for Medicare going . . .going . . . gone?

The Medicare Payment Advisory Commission (MedPAC) recommended to Congress in its June 2019 report that ‘incident to’ billing be eliminated. In response to MedPAC’s biennial reports, Congress normally holds hearings to listen to MedPAC’s commissioners and staff and then decide whether any legislation should be introduced based on the recommendations. Some recommendations are embraced while others are simply disregarded. But, given the government’s current focus on saving money for Medicare, this recommendation is not likely to be ignored. Read More ›

CMS’s "Fresh Look” at Space Sharing Looks All Too Familiar.”

Hold the presses – CMS’s long-awaited guidance on shared space arrangements between hospitals and other entities is here. But it appears that the new guidance wasn’t worth the wait. If you are a hospital or other health care entity who has been standing by in hopeful anticipation of CMS’s “fresh look” at shared space arrangements, you will be sorely disappointed.  Read More ›

Physician Alert: Patient Informed Consent for Medical Marijuana Treatments

State laws vary considerably in terms of the professional obligations they place on physicians obtaining a patient’s informed consent for the use of medical marijuana. Ohio, for example, requires a physician to document in the medical record the patient’s consent (or legal representative’s consent if the patient is a minor) to medical marijuana treatment prior to completing a recommendation. Ohio Administrative Code 4731-32-03. Read More ›

National Practitioner Data Bank: Gray Areas In Reporting

National Practitioner Data Bank: Gray Areas In Reporting

The National Practitioner Data Bank (“NPDB”) is a confidential information clearinghouse created by Congress with the primary goals of improving health care quality, protecting the public, and reducing health care fraud and abuse in the United States. Read More ›

Medical Marijuana and the Terminally Ill: How Ohio Hospice Programs Can Learn to Cope with “Dope”

With nearly 20,000 registered Ohioans with medical marijuana recommendations, it is inevitable that Ohio Hospice program leaders will need to make a decision on medical marijuana as soon as possible. Read More ›

Ohio’s Standardization of Medical Release Form

Ohio's Standardization of Medical Release Form

This month, the Ohio Department of Medicaid finalized its regulation (OAC 5160-1-32.1) which creates a standard authorization form for the release of medical records. This standard form must be accepted and honored by all Ohio providers beginning February 2, 2019. Read More ›

Understanding the Tennessee Board of Medical Examiners

Understanding the Tennessee Board of Medical Examiners

In December, I had the pleasure of speaking to the Tennessee Recovery Coalition, a non-profit dedicated to educating the community about the disease of addiction, promoting evidence-based treatment models, focusing on primary prevention tactics, and advocating for patient-centered policies. Read More ›

New Requirements to Report to the National Practitioner Data Bank

Requirements to Report

In October of 2018, the National Practitioner Data Bank (NPDB) published an updated NPDB Guidebook that revises the requirements for reporting changes in a practitioner’s clinical privileges, licensure, and malpractice.  Read More ›

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Attorney Spotlight

James (Jim) A. Dietz is a Member at FBT who provides an array of legal services to hospitals, physicians, long-term care providers, diagnostic facilities, and others across the spectrum of patient care.

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