Health care entities have faced uncertainty when conforming physician compensation arrangements to federal requirements involving fair market value, commercial reasonableness, and potential tie-ins to physician referrals. Madeline Schmid and David Edquist review new rules proposed by the Centers for Medicare & Medicaid Services that offer clarity, and relief, on these issues.
During an outbreak of a contagious disease such as measles, public health officials primarily can respond in two ways: with vaccination and treatment and with isolation or quarantine. Individuals' constitutional rights may not be top of mind. Here is how courts may analyze the public health mechanisms available to Wisconsin officials.
Keep up with the evolving trends, technology, and political policies impacting health care and the workplace at the 2019 Health, Labor, and Employment Law Institute, Aug. 15-16, at Glacier Canyon Lodge in Wisconsin Dells.
The recent conviction of the physicians, investors, and staff of a Dallas hospital on fraud and other charges is an opportunity for lawyers to review their clients’ contractual relationships and internal compliance programs. David Edquist, Stacy Gerber Ward, and Daniel Balk III discuss the case and the state and federal statutes that prosecutors used to obtain convictions.
The CMS Preclusion List – a list of providers who are prohibited from being paid for services provided to Medicare Parts C and D beneficiaries – is now in effect. Scott Taebel, James Junger, and Julie Lappas discuss this list and offer tips for attorneys who advise health care providers.
Wisconsin is among a minority of states with almost no tolerance for marijuana-based products of any kind, whether for medical purposes or for recreational uses, says Nick Fairweather of Hawks Quindel S.C., Madison.
In Severson v. Heartland Woodcraft, the Seventh Circuit Court of Appeals held that an employee needing an extended leave of two or more months for treatment of a disability is not protected by the Americans with Disabilities Act. The author summarizes the parties' arguments and the three-judge panel's decision.
What are the considerations lawyers should think about regarding HIPAA, the Health Insurance Portability and Accountability Act? Turns out, it's not just lawyers in a health law practice who need to be aware of their responsibilities regarding protected health information.
Increased enforcement regarding set-aside arrangements is a given, so if you represent plaintiffs with personal injury claims, evaluate each case for Medicare Secondary Payer considerations. Failure to do so could leave clients with large financial obligations to the government and you with potential malpractice exposure.
A client's mental illness can complicate a lawyer's ability to represent the client's best interests. Beth Osowski lists 18 tips she's learned from multiple sources – including pertinent ethical rules, precedent, and advice from lawyers and other experts – for lawyers to zealously and successfully advocate for their clients.
Death with Dignity laws allow terminally ill patients to request medication from their physician to voluntarily end their life. Thirty states, including Wisconsin, are considering Death with Dignity legislation.
The health care industry is undergoing massive changes, regardless of the politics in Washington, D.C. And whether efforts to repeal and replace the Affordable Care Act are ultimately successful, there are some key trends that won’t likely change in the industry, says David Cade, CEO of the American Health Lawyers Association.