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Antikickback, Legal and Regulatory
Will the Federal Government Shut Down Surgery Centers and Physician-Owned Hospitals? Print E-mail
Written by Scott Becker, JD, CPA, and Elaine Gilmer, JD   
Wednesday, 19 November 2008
As the Democrats take control of the House, the Senate and the Presidency, many question the impact of such a change on ambulatory surgery centers (ASCs) physician-owned hospitals. The most significant question is: Will the federal government shut down and/or restrict physician-owned hospitals and ASCs?
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McGuireWoods Appoints Scott Becker to Strategic Planning Committee Print E-mail
Written by Staff   
Monday, 17 November 2008
McGuireWoods, an AmLaw 100 law firm with approximately 1,000 attorneys worldwide, has appointed Scott Becker to its Strategic Planning Committee.
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Massachusetts Law Requires Physician-Owned Surgery Centers to Prove Need for Development, Expansion Print E-mail
Written by Rob Kurtz   
Friday, 14 November 2008
The Massachusetts Public Health Countil has adopted regulations that will require new physician-owned surgery centers and those seeking to expand their services to prove that the services will not duplicate those already offered and won’t negatively impact existing organizations, according to The Boston Globe.
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Dr. Blake Curd Elected to South Dakota Legislature Print E-mail
Written by Staff   
Thursday, 06 November 2008
Blake Curd, MD, has been elected to represent the 12th District in the South Dakota House.
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OIG Blasts CMS on HIPAA Security Gaps; Guidance for ASC Compliance Print E-mail
Written by Marion Jenkins, PhD   
Tuesday, 04 November 2008
The OIG recently completed its review of CMS's oversight with regard to HIPAA Security, and the result is alarming. OIG had some harsh words for CMS's efforts, saying it has taken "limited actions," resulting in little oversight or enforcement, and that it has "no effective mechanism to ensure that covered entities [are] complying … or that electronic protected health information [is] being adequately protected." CMS agreed with OIG that it needs to step up oversight, specifically the conducting of compliance reviews.

Would your facility be ready if CMS came knocking?
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Zimmer's Orthopedic Compliance Issues Disrupts Consultant Relationships Print E-mail
Written by Rob Kurtz   
Monday, 03 November 2008
Zimmer’s ongoing efforts to resolve compliance challenges relating to its orthopedic division have resulted in a disruption of the manufacturer’s work with physician consultants, thus attributing to the company’s disappointing sales, according to David Dvorak, Zimmer president and CEO, in a transcript by Seeking Alpha of Zimmer’s 2008 third-quarter earnings call held in October.
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CMS Establishes New ASC Conditions for Coverage Print E-mail
Written by Stephanie Wasek   
Friday, 31 October 2008
CMS has issued the final Outpatient Prospective Payment System/Ambulatory Surgical Center Payment System (OPPS/ASC) rule, which establishes new conditions for coverage for ASCs that "reflect current ASC practice by focusing on the care provided to patients and the impact of that care on patient outcomes." The final rule also sets the ASC update for calendar year 2009 at 0 percent and adds 27 procedures to the ASC list.
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Five New York Providers Settling With State Over Out-of-Network Billing Practices Print E-mail
Written by Rob Kurtz   
Tuesday, 28 October 2008
Five providers in New York have paid fines and reimbursed the state more than $9 million for overpayments associated with waiving out-of-pocket costs for state and local government employees, but only four have agreed to halt the practice, according to a news release from Thomas DiNapoli, the state comptroller.
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Pennsylvania Bans Mandatory Overtime for Many Healthcare Employees Print E-mail
Written by Staff   
Tuesday, 21 October 2008
The Pennsylvania legislature has enacted a new law that says a healthcare facility, including ASCs and hospitals, cannot — in most cases — require an employee involved in clinical care to work in excess of an agreed to, predetermined and regularly scheduled daily work shift.
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How Has USP 797 Affected Your ASC? Take the Survey Now Print E-mail
Written by Stephanie Wasek   
Monday, 06 October 2008
You are invited to participate in a national survey regarding awareness of United States Pharmacopeia (USP) 797 and its practical effects on ASCs. USP 797 is the regulation that deals with sterile product handling; its revised standards came into effect on June 1.
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Stark Health IT Bill Requires HIT System Standards, Offers Financial Incentives for Adoption Print E-mail
Written by Rob Kurtz   
Thursday, 18 September 2008
New legislation introduced by Rep. Pete Stark, chairman of the House Ways and Means Health Subcommittee, would require the government to create standards for an interoperable Health IT system and would provide financial incentives through Medicare to physicians and hospitals which adopt and use electronic medical records systems that meet the standards.
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