HLS Newsletter

Highlights

• Administrative Law:  Attorneys Miriam R. Coles and John D. Buchanan, Jr., of  Henry, Buchanan, Hudson, Suber & Carter, P.A. in Tallahassee provide insight on seeking redress from disciplinary action imposed by the Agency for Healthcare Administration.  This is a must-read for attorneys who represent clients regulated by AHCA, particularly on issues of what actions are investigatory in nature as opposed to final agency action.
• EMTALA:  Attorneys Nancy S. Paikoff and David R. Phillips of Macfarlane Ferguson & McMullen’s Clearwater, FL office discuss hospitals’ obligations under the Emergency Medical Treatment and Active Labor Act  to treat undocumented aliens.  The article eloquently explains the practical issues that hospital counsel face in looking at the facts of each patient encounter.
• EMRs and Malpractice Litigation:  Attorney Alyssa Mason of Kirwin Norris in Orlando address the impact of the emergence of electronic medical records systems on medical malpractice law.  In a well-researched article, she presents an argument that EMRs have a potential to increase the number of medical malpractice suits filed and to change the course of medical malpractice litigation.
• ACOs:  Attorney Andrew S. Bolin of Beytin, McLaughlin, McLaughlin, O'Hara & Bolin's Tampa office writes about potential areas of negative exposure for providers participating in Accountable Care Organizations.  The article insightfully applies some ACO concepts like shared responsibility for patients to concepts like non-delegable duties and joint ventures to ask: who is accountable to whom?

The newsletter includes the following subjects by the following authors:

• Brian K. Wright of Gunster Yoakley and Stewart in Tampa writes on changes to IRS Code Section 501(r).
• Timothy M. Moore of Shook, Hardy and Bacon in Miami explains the All Children’s Health Qui Tam case.
• Autumn B. Matthews of Matthews Law Firm in Bartow highlights enforcement topics for nursing homes.
• David W. Hughes of Hill Ward Henderson in Tampa discusses the split among the circuit courts of appeals regarding hospital liability and non-delegable duties for independent contractor physicians.
• Myla Reizen of Jones, Walker, Waichter, Roitevent, Carriere & Denegre in Miami explains what’s new in this year’s OIG Work Plan.
• Fabienne Fahnestock of Gunster Yoakley & Stewart in Ft. Lauderdale addresses a provider’s repayment and self disclosure obligations to CMS.
• Doug Wojcieszak, Bruce Blitman, James Saxton and Maggie Finkelstein explain why “sorry” works in medical malpractice cases.  Blitman is a certified mediator with the Law Office of Bruce Blitman in Pembroke Pines.  Saxton and Finkelstein are with the Stevens & Lee firm in Lancaster, Pennsylvania.  Wojcieszak is the founder of the “Sorry Works!” coalition.  

The newsletter includes the following subjects by the following authors:

• Brian K. Wright of Gunster Yoakley and Stewart in Tampa writes on changes to IRS Code Section 501(r).
• Timothy M. Moore of Shook, Hardy and Bacon in Miami explains the All Children’s Health Qui Tam case.
• Autumn B. Matthews of Matthews Law Firm in Bartow highlights enforcement topics for nursing homes.
• David W. Hughes of Hill Ward Henderson in Tampa discusses the split among the circuit courts of appeals regarding hospital liability and non-delegable duties for independent contractor physicians.
• Myla Reizen of Jones, Walker, Waichter, Roitevent, Carriere & Denegre in Miami explains what’s new in this year’s OIG Work Plan.
• Fabienne Fahnestock of Gunster Yoakley & Stewart in Ft. Lauderdale addresses a provider’s repayment and self disclosure obligations to CMS.
• Doug Wojcieszak, Bruce Blitman, James Saxton and Maggie Finkelstein explain why “sorry” works in medical malpractice cases.  Blitman is a certified mediator with the Law Office of Bruce Blitman in Pembroke Pines.  Saxton and Finkelstein are with the Stevens & Lee firm in Lancaster, Pennsylvania.  Wojcieszak is the founder of the “Sorry Works!” coalition.  

Highlights

• State and Federal Action Creates New Antitrust Risks for Physicians By David A. Ettinger, Esquire
• Editor’s Note By Thomas P. Clark, Esquire
• Overpayment Rule Proposed by Myla R. Reizen, Esquire
• Top 10 Strategic Mistakes Hospitals Make in HIT Contracting and How to Avoid Them by Brent A. Friedman, Esquire
• Stark’s “Set-In-Advance” Requirement by Bernabe A. Icaza, Esquire

Highlights

• Health Care Executives at Risk Under the Responsible Corporate Officer Doctrine By Lester J. Perling, Esquire
• New Laws on Controlled Substances Prescribing Will Impact Many Physicians By Ann M. Bittinger, Esquire and Kayce Clark, summer law clerk
• Quality Initiatives Will Promote Physician-Hospital Alignment By Ann M. Bittinger, Esquire 
• Beyond Medical Advance Directives: Implementing the POLST (Physician Orders for Life-Sustaining Treatment) Paradigm in Florida By Marshall B. Kapp, Director, Florida State University Center for Innovative Collaboration in Medicine & Law
• Florida’s New Power of Attorney Act By Richard N. Sherrill, Esquire

Highlights

• Medicare Revocation of Provider Status – The Newest Threat to Medicare Providers
• Aggravated Identity Theft Statute as a New Prosecutorial Tool Against Health Care Fraud
• Law Firm Compliance with HIPAA's Ugly Stepsister: The HITECH Act
• ACO’s: A Work in Progress
• The Stark Law Self-disclosure Protocol:  Apply With Care
• Medical Staff Credentialing:  Responsibility and Liability of Hospital Boards
• The State of Health Law in Florida

Highlights

• To Tweet or Not to Tweet: Florida’s Government in the Sunshine Law and Social Networking
• False Claims Act Amendments Expand Liability for Health Care Providers and
• Anti-Retaliation Protections for Whistleblowers
• Breach Notification Requirements for the Improper Use or Disclosure of Unsecured Protected Health Information
• Referral Relationships in Florida’s Home Health Industry: Anti-Fraud Legislation Creates Confusion and Controversy
• Practice Note: Arbitration Demand Deadlines, Tort Claims and Third Parties in Aribitration

Highlights

• Introduction to Recovery Audit Program (RAC)
• Defending Unlicensed Practice of Medicine and Unlicensed Practice of Health Care Professions Prosecutions
• HITECH Impact on Florida HealthCare Providers
• Practice Pointer: Providers Inability to Produce Irretrievable Medical Records May Not Be Fatal To Medicare Overpayment Appeal
• Recent Developments in Florida Law Regarding Due Process Rights for Physicians Whose Medical Staff Privileges are Impacted by a Hospital's Decision to Enter into an Exclusive Contract Relationship with a Provider Group