Hospital Liability for Life-Saving Efforts?

Hospitals are in the business of saving lives.  So they don’t usually face liability for trying to do just that.  But a July 5 Georgia Supreme Court decision is a reminder that it’s up to the patient—not the hospital or doctor—to decide whether to undergo life-saving efforts, and defying the patient’s …

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Court Rejects Qui Tam Attack on Standard On-Call Contract

On June 10 the Third Circuit affirmed a lower court’s dismissal of a physician’s qui tam action against Pottstown Memorial Medical Center (PMMC) for violating the Anti-Kickback Statute (AKS) and False Claims Act (FCA).  And it’s a good thing because the basis of his claim was an on-call coverage arrangement …

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And You Thought RAC Audits Couldn’t Get Any Worse

If there’s one thing that unites the hospital industry—even the fiercest competitors—it’s hatred of audits by recovery audit contractors, or RACs.  Why?  For one thing, because RACs operate on a contingency fee basis.  They get to keep a portion of the fees they force providers to repay.  It’s as …

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Site-Neutral Billing Exemptions

The Balanced Budget Bill Act of 2015 has a site-neutral billing provision relating to off-campus hospital outpatient departments (HOPDs).   Those are facilities away from the hospital campus but certified as part of the hospital and therefore qualified to receive a facility fee, like the hospital itself.  …

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Attorneys Pay Heavy Price for Block-Billing

Lawyers are aware of the increasing sensitivity—and hostility—of clients to block-billing: lumping more than one activity into a single time entry.  A new Fifth Circuit decision shows that courts can be equally sensitive—and hostile—to the practice.  The court upheld an award of $739,000 in attorneys’ …

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When Two Belts & Suspenders May Not Be Enough

Boston Children’s Hospital says that when it terminated a research fellow’s employment, he took the laptop he used in his work to a computer forensics company and had all the data, including data owned by the hospital, cloned.  The hospital claims he refused the hospital’s demand to turn it over.  To get …

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