A lot of people think they know something about hospital staffing levels: the proper ratio of nurses to patients. From time to time a legislator, patient advocate, or union spokesman will propose a required ratio—often a one-size-fits-all number. They ought to take a look at a recent federal court decision on …
No Good Deed Goes Unpunished
August 21, 2017 Leave a Comment
On August 7 Mission Hospital, in Asheville NC, learned the truth of Oscar Wilde’s observation that no good deed goes unpunished. That’s the day a federal court denied the hospital’s motion for summary judgment in a case brought against it by the EEOC. Hospital policy requires employees to have a flu shot …
Hospital Liability for Life-Saving Efforts?
July 7, 2016 Leave a Comment
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 …
Court Rejects Qui Tam Attack on Standard On-Call Contract
June 15, 2016 Leave a Comment
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 …
And You Thought RAC Audits Couldn’t Get Any Worse
May 24, 2016 Leave a Comment
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 …
Site-Neutral Billing Exemptions
May 23, 2016 Leave a Comment
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. …