Nebraska Med Mal Cap Survives 7th, 5th & 14th Amendment Attacks

The US Court of Appeals for the Eighth Circuit has upheld Nebraska’s statutory medical malpractice limit, rejecting attacks that were based on the Seventh, Fifth, and Fourteenth Amendments of the US Constitution. After a federal court jury awarded $17 million to a child born with severe brain damage, the …

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Indiana Relaxes Telemedicine Rules as of July 1

Indiana’s relaxed telemedicine rules went into effect July 1.  Generally, under the new rules a prescriber (defined as a physician, physician assistant, advanced practice nurse, optometrist, or podiatrist) may prescribe non-controlled drugs by telemedicine without an in-person exam, with the exception of …

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Achievements You Don’t List on Your Resume

A physician immigrated to the United States in 1991 and established a medical practice called Compassionate Doctors. By 2013 the practice and its related health care entities boasted some 44 employees and contractors, including six additional physicians and five pharmacists. On May 30 of this year, a U.S. …

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Professional Review Activity or Professional Review Action?

Was the Louisville hospital’s restriction of Dr. Ben Reid’s surgery privileges a professional review activity or a professional review action? When Ben sued on various tort theories, the hospital claimed immunity under the Health Care Quality Improvement Act (HCQIA) and moved for judgment on the pleadings. …

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Texas Dentistry Regulation Has No Teeth

A divided Fifth Circuit has affirmed a lower court ruling that an advertising restriction promulgated by the Texas State Board of Dental Examiners violates the First Amendment rights of the plaintiff dentists. The Texas regulation prohibited dentists from advertising as specialists except in the nine areas …

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Twelve-Year Sentence for Medicaid Diaper Scam

Maria Paz Garza was the King Midas of incontinence supplies: she turned diapers into dollars—over two and a half million of them, according to the government’s indictment. She did it through a scheme that charged Texas Medicaid for diapers and other incontinence supplies that were never provided, or never …

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