Health Law Newsletter

August 2005
Frost Brown Todd LLC

Special Focus: Labor and Employment

Keeping Out of Trouble - Managing Your Employees
By David A. Skidmore, Jr., Katherine Cook Morgan
Managing your workforce can be a challenge.  Although there is no cookie cutter approach to ensure success, there are ways you can minimize the inevitable difficulties that arise between employer and employee.  Full Story

Seven Steps Toward Low(er) Risk Terminations
By Katherine Cook Morgan, David A. Skidmore, Jr.
Employers often ask how they can discharge employees who are not doing a satisfactory job without ending up in court.  Although there is nothing you can do to guarantee no lawsuit, there are steps you can take to minimize your risk.   Full Story
Smart Interviewing Can Prevent A Lawsuit Later: Concentrate on Job Candidate's Skills and Abilities
By David A. Skidmore, Jr., Katherine Cook Morgan
Have you hired someone that turned out to be a total disappointment?  Have you ever found that your job descriptions do not match what a particular employee actually does?  Do you worry about what questions people in your organization will ask at an interview?  Full Story

 <dir="ltr" />DANGER: Offsite Interpretations Have Potential for Fraud and Abuse Problems
By Melissa D. Green

Section 952 of the Medicare Modernization Act (MMA) eliminated the reassignment barriers for offsite interpretations.  An entity (including a physician, physician group, or facility) now has the ability to accept reassignment of claims from independent contractor radiologists (or pathologists) that perform interpretations offsite.  Unfortunately, the reassignment changes in the MMA came with a catch.  Under the revised MMA, contractual arrangements still need to meet “program integrity and other safeguards as the Secretary may deem appropriate.”  So what does this mean?  It means that the relaxed reassignment rules do not change an entity’s obligations under any other applicable Medicare statute or regulation governing billing or claims submission, including the Stark Law.  Full Story

Discoverability of Peer Review Documents in Ohio
By Ali Razzaghi 

A recent federal district court decision, Huntsman v. Aultman Hospital, clarifies the statutory intent of Ohio Revised Code Section 2305.252 regarding the confidentiality of a health care entity’s peer review committee records.  At issue in the case was whether a hospital’s peer review committee records could be obtained by a plaintiff, or in the alternative, if the records could not be obtained, could the plaintiff receive a list of the documents that were in the peer review committee records?  Full Story

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