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December 19, 2008 Vol. VI Issue 48


Editor's Note: Due to the upcoming holidays, you will receive your next issue of Health Lawyers Weekly on January 9, 2009.

Top Stories

CBO Issues Report On Budget Options For Healthcare
   The Congressional Budget Office (CBO) released December 18 a far-ranging report examining budget options related to healthcare within federal programs and the healthcare system. The 235-page... Full Story
CMS Posts Quality Ratings For Nation’s Nursing Homes
   Consumers will now be able to compare nursing home quality and safety based on a new “five-star” rating system, the Centers for Medicare and Medicaid Services (CMS) announced December 18. CMS... Full Story

Antitrust

FTC Sues Ovation Alleging Monopoly Pricing And Seeking Divestiture Of Acquired Drug

DHHS

HHS Issues Final Rule Prohibiting Discrimination Against Healthcare Providers Who Refuse To Participate In Abortion Services
IOM Report Highlights Strategies For Improving HHS’ Effectiveness, Efficiency

Food and Drug Law

Grassley Probes Alleged Instances Of Medical Ghostwriting Involving Wyeth

Fraud and Abuse

OIG Announces Another Arrest Under Its Physical Therapy Antifraud Initiative
OIG Says Physician Group May Employ Part-Time Physicians For Endoscopies Health Law Digest
Physician Sentenced To 30 Years In Prison For Role In $11 Million Medicare Fraud Scheme
Update
U.S. Court In Illinois Dismisses FCA Qui Tam Action Alleging Drug Manufacturer Marketed Medication For Off-Label Uses Health Law Digest

Health Information Technology

HHS Issues New Tools, Guidance Addressing Privacy Concerns For Patient Health Information
HIMSS Calls For Minimum $25 Billion In Funding For Health IT From Federal Government

Health Policy

PwC Names Top Nine Health Industry Issues In 2009

Healthcare Access

Only 2.3% Of Families Have Ever Used A Retail Health Clinic, Report Says

Hospitals and Health Systems

Missouri Recognizes Negligent Credentialing Claims Against Hospital, Appeals Court Says Health Law Digest
“To Err Is Human”—And Costly: Addressing The Potential Effects On Litigation Of So-Called “Never Events”

Medicaid

CMS Issues Final DSH Auditing And Reporting Rule
New York State Announces $551 Million In Medicaid Recoveries
New York Governor Budget Proposal Includes $3.5 Billion In Healthcare Savings
North Carolina Supreme Court Says State’s Framework For Recovering Medical Expenses From Tort Settlements Consistent With Federal Medicaid Law Health Law Digest
Alabama Appeals Court Says Medicaid Agency Must Use Reimbursement Calculation Provided For In Applicable Regulations Health Law Digest

Medical Malpractice

Maine High Court Rejects Continuing Course Of Treatment Doctrine Health Law Digest
U.S. Court In Maine Says Patient’s “Assault” Claims Against Physician Assistant Must Meet State Law Requirements For Professional Negligence Actions Health Law Digest

Medicare

Diagnostic Testing Equipment Leasing Companies Appear To Escape IDTF Enrollment Requirements
GAO Finds Higher Disenrollment Rates, Greater Financial Risks For Beneficiaries In Medicare PFFS Plans
Improvements Needed In Information Sent To Enrollees About Medicare Drug Plan Benefit Changes, GAO Says
OIG Compares Drug Utilization, Costs For SNP Beneficiaries To Other MA Plans

Patient Safety

OIG Examines Key Issues Surrounding Reporting Of Adverse Events Nationally And For State Reporting Systems

Physicians

Colorado Appeals Court Says Hospital That Revoked Surgeon’s Privileges Without Notice Or Hearing Not Entitled To HCQIA Immunity Health Law Digest
Counterpoint--Precautionary Suspensions Protect Patients

Quality of Care

Commonwealth Fund Debuts New Hospital Comparison Website

Tax

Ohio High Court Finds Tax Board Must Determine Before Hearing Whether Certain Documents Contain Trade Secrets Health Law Digest

Related Resources

Articles & Analyses
New in-depth articles discuss implications of so-called "never events" on litigation, recent clarifications about diagnostic testing equipment leasing companies and IDTF enrollment requirements, and offer another opinion on precautionary suspension.

Healthcare 411

Health Law Digest
View or current and past monthly issues of the Health Law Digest.

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Regulatory Comments Calendar
View information and upcoming deadlines for public comments on healthcare related federal regulations.
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