Some time ago, I wrote about Harvey Silverglate's book Three Felonies A Day: How the Feds Target the Innocent. The book's premise is that there is virtually no adult in this country who has not violated a federal criminal law because of the incredible number of laws and the vagueness and breadth of them. Moreover, almost every Federal regulation carries criminal consequences either directly or through piggy-backing with a statute.This should be of particular concern to health providers … [Read more...] about Three Felonies A Day Redux
Recent Reforms to the Texas Medical Board Disciplinary Process
Effective September 1, 2011, House Bill 680 moderately reforms the disciplinary process of the Texas Medical Board (“TMB”). The key points of the reform are listed below. Anonymous complaints: The TMB will no longer accept anonymous complaints. “Anonymous” is defined as a complaint that “lacks sufficient information to identify the source or the name of the person who filed the complaint.” That is, the TMB has to be able to identify the complainant. However, the TMB does not have to inform … [Read more...] about Recent Reforms to the Texas Medical Board Disciplinary Process
Electronic Medical Records
Are paper charts better? Read this letter from a doctor to AAPS: Why Paper Charts Are Better than EHRs. Though the U.S. government and insurers are determined to make us use electronic health records, paper is better in many ways: You will never recover the costs of the EHR, or even break even. EHRs can make you less efficient, and disturb all established staff work flows. EHRs make the physician the IT help desk for the whole staff. They detract from giving the patient your … [Read more...] about Electronic Medical Records
Why Should You Have a Compliance Program?
The Patient Protection and Affordable Care Act ("PPACA") mandates in Sections 6102 and 6401 that a broad range of providers, suppliers, and physicians adopt compliance and ethics programs. By March 23, 2013, skilled nursing facilities and other nursing facilities must have “in operation” a compliance and ethics program that meets the PPACA’s criteria. Although the PPACA's requirements for nursing facilities are specific, the PPACA also contains broad compliance program requirements for all other … [Read more...] about Why Should You Have a Compliance Program?
Association of American Physicians and Surgeons Challenges PECOS
In August 2010, the Association of American Physicians and Surgeons ("AAPS") filed an amended complaint asking the court to vacate HHS regulations requiring non-Medicare providers to enroll with Medicare, to appear in the Provider Enrollment, Chain and Ownership System ("PECOS"), or to obtain a National Provider Identifier ("NPI"). A copy of AAPS' full amended complaint is available here. AAPS argues that the ability of non-Medicare enrolled physicians to order or refer for services provided … [Read more...] about Association of American Physicians and Surgeons Challenges PECOS
Fifth Circuit Rules Against Texas Medical Board in Due Process Case
On December 2, 1010, the U.S. Court of Appeals for the Fifth Circuit ruled against the Texas Medical Board ("TMB"), remanding a suit brought by the Association of American Physicians and Surgeon ("AAPS") and allowing the case to proceed. The AAPS complaint accused the TMB of the following: manipulation of anonymous complaints; conflicts of interest; violation of due process; breach of privacy; and retaliation against those who speak out. The key issue in the case was whether AAPS … [Read more...] about Fifth Circuit Rules Against Texas Medical Board in Due Process Case
Registration and Attestation for EHR Incentive Program begins on January 3, 2011
On January 3, 2011, eligible professionals and hospitals participating in Medicare and Medicaid programs may begin registering for electronic health record (“EHR”) incentive programs. CMS encourages providers to register for the Medicare and/or Medicaid EHR Incentive Program(s) as soon as possible. Providers may register prior to having a certified EHR or an enrollment record in PECOS. Providers may also register for the Texas Medicaid EHR Incentive program on January 3, 2011. Under the … [Read more...] about Registration and Attestation for EHR Incentive Program begins on January 3, 2011
Institute of Medicine to Conduct Year-Long Study in HIT Safety
Under the HITECH Act of 2009, the Medicare and Medicaid electronic health record ("EHR") incentive programs provide a financial reward for the meaningful use of qualified, certified EHRs to achieve health and efficiency goals. In July, CMS announced regulations outlining the initial requirements that eligible health care providers must meet to demonstrate meaningful use of certified EHR technology for the Medicare and Medicaid incentive payments program, which CMS will administer. Also in … [Read more...] about Institute of Medicine to Conduct Year-Long Study in HIT Safety
The New Star Chambers
And you thought they were abolished for good by the Long Parliment. Think again. (Caution, bad language) … [Read more...] about The New Star Chambers
IRS Defers Requirement on Reporting Health Plan Coverage Costs
On October 12, 2010, the IRS released a draft Form W-2 for employers for 2011. Employers use Form W-2 to report wages and employee tax withholding. The IRS also announced that it will defer the requirement that employers report the cost of coverage under an employer-sponsored group health plan. Therefore, employer reporting of coverage costs is optional for 2011. The deferral allows employers additional time to make changes to their payroll systems or procedures in preparation for compliance … [Read more...] about IRS Defers Requirement on Reporting Health Plan Coverage Costs
