Compensation and Employment

In  last week’s decision in Doe v. Guthrie Clinic, Ltd. the Second Circuit Court of Appeals certified to the New York Court of Appeals the issue of whether a medical corporation may be liable for the unauthorized disclosure of medical information, when the employee responsible for the breach was not a physician and was acting outside the scope of

Continue Reading Health Privacy Liability Issue Proceeds to NY Court of Appeals

The U.S. Department of Health and Human Services (HHS) has issued final rule stating the future health insurance exchange (“Exchange”) and insurance issuer standards related to coverage of essential health benefits (EHB) and actuarial value. The final rule further establishes a timeline for when qualified health plans (QHPs) should be accredited in federally facilitated Exchanges.

Beginning January 1, 2014, non-grandfathered

Continue Reading Essential Health Coverage Benefits – The ACA Final Rule

As Chris Kutner explained in his January 4, 2013 post, the Patient Protection and Affordable Care Act of 2010 (“PPACA” or “Obama Care”) requires, beginning in 2014, that employers with 50 or more full-time employees (“large employers”) offer “affordable” health insurance to their employees. Failure to do so will subject the employer to penalties. Recently published IRS proposed regulations

Continue Reading “Affordable” Health Coverage Under Obama Care

In order for an accountable care organization to succeed, there must be a workable method for collaboration among the providers.  How do providers of care effectively communicate amongst one other?  What is the optimum means of memorializing a patient’s medical history and present health status so that all providers of care are basing their decisions on the same data?  And
Continue Reading Accountable Care and Collaboration Among Providers

Peter A. Mahler, author of our sister blog New York Business Divorce, posted an excellent analysis of a recent case involving a shareholder dispute among members of an anesthesia group.

Key pieces of advice from Mahler:

  • Draft clear termination and exit provisions in shareholder and employment agreements;
  • Arbitration clauses can produce quicker results than litigation, reduce hostilities, and

Continue Reading Mixed Decision in Anesthesiology Practice Shareholder Dispute

The recent decision in United States ex. rel. Drakeford v. Tuomey Healthcare Sys. Inc., No. 10-1819 (4th Cir. Mar. 30, 2012) provides a sobering reminder that hospital-physician contracts should be drafted carefully in order to avoid containing any provisions that could inadvertently result in Stark law liability.

Subject to certain limited exceptions, the federal Stark Law prohibits a physician
Continue Reading Hospital-Physician Contracts Lead to Stark Violation

Employment arrangements between hospitals and physicians often include productivity-based compensation.  This can be in the form of bonuses or adjustments to salary.  A common measure of productivity is the physician’s work Relative Value Units (“RVUs”).  Such productivity measures are intended to motivate newly-hired physicians and to support the fairness of compensation paid and earned.

 The “Stark Law” (42 U.S.C. §
Continue Reading Bonus Compensation under the Stark Law