pdf Health Law Section Newsletter Spring 2017 Popular

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INSIDE:

  • Provider Beware: MACRA Implementation Fraught with Fraud and Abuse Implications
  • The Discoverability of Physician Peer Review and Disciplinary Records Under State and Federal Law in Florida State and Federal Courts
  • HIPAA & Cloud Computing
  • Medical Marijuana Patient Consent

pdf Health Law Section Newsletter - Fall 2015 Popular

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In This Edition

  • The Rise of the ACO and the Surprising Lack of Compliance Guidance

  • Texting While… Treating? FCC Creates Exemption for Healthcare Provider- Patient Automated Communication

  • Meeting the Health Care Risk Management Challenge in the Evolution from the Fee-for-Service “Volume” Model to the “Value-Based” Program

  • Telemedicine and its intersection with Mobile Health Apps and Wearable Tech

  • Avoid Legal Pitfalls and Sham Transactions in Medical Directorships and Physician Arrangements

  • PRN: A Resource for Impaired Practitioners

pdf Fall 2014 Newsletter Popular

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Please see the link to the Fall 2014 Health Law Section Newsletter. Thank you to the authors that contributed to this issue. If you would like to contribute an article for future issues, please contact the HLS Newsletter Editor, Shachi Mankodi at smankodi@broadandcassel.com.

In This Issue

  • Update on Florida Sterile Compounding Laws
  • Medical Marijuana: What Florida Health Care Providers and Their Attorneys Need to Know
  • 10 Questions for Dr. Michael F. Gervasi (President and Chief Executive Officer of Florida Community Health Centers, Inc.)
  • Your Clients Know About HIPAA... But Are They Aware of FIPA?
  • E-filing Software Updates to Address Uniformity Concerns

pdf The Florida Bar Health Law Section Newsletter - Winter 2014 Popular

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Highlights

  • Telemedicine: The Emerging Healthcare and Legal Landscape By: Caitlein J. Jammo, Esq., Clearwater; with guidance from Michael T. Cronin, Esq., Clearwater.

  • Sunshine is on the Horizon: Evaluating the Sunshine Act from Reporter and Reported Points of View By: Mark Bajalia, Esq., Jacksonville and Samantha Prokop, Esq., Akron, OH

  • Reproductive Technology Law in Florida By: Jessica Hoffman, Jacksonville

  • Limitations on the Ability of Public Hospitals to Enter into Long Term Lease Obligations By: Nicholas W. Romanello, Palm Springs and Mitchell Bottey, Tallahassee

default Health Law Section Newsletter - Spring 2013 Popular

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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?

default Winter 2013 Newsletter (Original File Size) Popular

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Highlights

  • 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.  

 

default Winter 2013 Newsletter (Web Optimized) Popular

522 downloads

Highlights 

  • 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.  

 

default Summer 2012 Newsletter Popular

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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

default Health Law Section Fall 2011 Newsletter Popular

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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

default The Florida Bar Health Law Section Fall 2010 Newsletter Popular

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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

default Health Law Section Newsletter - Spring 2010 Popular

472 downloads

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

pdf The Florida Bar Health Law Section Newsletter - Summer 2009 Popular

426 downloads

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

pdf The Florida Bar Health Law Section Newsletter - Winter 2008 Popular

639 downloads

Highlights

  • AHCA Interprets Clinical Laboratory Kickback Prohibitions for the First Time

  • New Law Means Increased Protection of Employee and Insurance Beneficiary Information

  • Physicians as DME Suppliers Under Stark

  • Department of Health Enforces Financial Responsibility Requirements-Finally

  • CMS 2009 Proposed Physician Fee Schedule— Further Restrictions on Physicians’ Imaging Operations

  • New Health Law Section CLE Program! Fundamentals of Health Law

pdf The Florida Bar Health Law Section Newsletter - Summer 2008 Popular

447 downloads

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

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