 | |
| |
| |
| |
| |
| |
|
The Massachusetts Department of Insurance ruled that the practice of two physicians to require $4000 per patient upfront was legal and they could also get the insurance payments for those services that are covered. The Department stated the insurance companies should inform their insureds about the arrangement. Top
Michigan has a bill introduced that would limit expert witnesses in a malpractice case to those physicians licensed in the state. This would cut out "hired guns". The trial lawyers state that this would limit their ability to get experts since all the physicians know each other and would not testify against one another. Michigan requires an affidavit to be filed by a physician that agrees with the claim. Since enacted in 1994, these affidavits have been 99% signed by out of state physicians.
Maryland has rejected any major changes in their physician discipline measures. They have a rule that states the Maryland Medical Society has to agree regarding the charges before a physician can be disciplined. Also the State has to show a problem by a clear and convincing standard as opposed to a predominance of the evidence standard. Top
New York health officials have expanded their inquiry at Mt. Sinai to include the 13 deaths in their transplant program and 3 others that complained of inadequate care. New cases are being added almost daily. This is because of the recent death of an adult liver transplant donor from vomiting and aspiration. (See Legal March 15, 2002 edition)
Mt. Sinai has changed some of it's policies after the death of a liver donor. It will no longer allow residents or summer interns to work on it's transplant ward. Also, pages from the ward will need to be answered in five minutes and physician teams will see each patient daily. Prior, no attending would see a patient for days at a time. Mt. Sinai is also adding physician assistants to the transplant post-operative ward. Top
Florida had added to their nursing shortage by restricting the applicants that could be admitted to their nursing schools and making it difficult for out of state nurses to get licensed in the state. The legislature is now confronting these issues by undoing some of their prior mistakes. The Assembly has passed and the Senate is about to pass legislation which would increase the enrollment in nursing schools to an unlimited amount along with increasing scholarships and loan forgiveness programs. For out of state nurses they will need to have a background check, pass a national nursing examination and of course be licensed. They will be able to work while the license is approved. Top
By now I'm sure everyone already knows about the softer, more provider friendly HIPAA revisions. The revisions will do away with alot of the consent requirements but keep in place a strong policy requirement. In my reading of the proposed changed changes, it will also remove the need for OHCAs and strengthen the requirements for marketing without the patient's consent. There will be a 30 day comment period after the proposed rules are published in the Federal Register and then the comments will be digested and new rules promulgated. These do not have to be approved by Congress. Top
The Maryland legislature has passed a bill changing the penalty for medical marijuana from $1000 and jail time to a misdemeanor and $100. The Senate is leaning in the same direction. Eight states have already legalized medical marijuana. Top
California's Governor Davis has ordered the states Department of Managed Care to inform all the state's HMOs that under a 1999 law they must pay for emergency contraception with or without a physician's prescription. Actually only 700 of the state's 15,000 have been certified to dispense the medication. This is, in case you haven't figured it out, an election year and Davis is up against Simon, a conservative Republican. Top
DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.