By Keith C. Dennen In an opinion released on June 19, 2014, the Office of the Tennessee Attorney General stated that Physical Therapists cannot lawfully perform Intramuscular Manual Therapy or Trigger-Point Dry Needling. Dry Needling therapy involves application of a fine, filiform needles to the neuromusculoskeletal system to restore movement, reduce pain, and address other …
Peer Review is not always Privileged
By Keith C. Dennen Hospitals, ambulatory surgery centers and independent diagnostic centers cannot exist without physicians and other medical providers. In order to practice at those facilities, the medical professional often is required to be “admitted” to the medical staff of the facility. Although admission to the medical staff provides privileges, it often requires that …
The Academic Laboratory Exception
By Scott Roberts Part One: Determining Eligibility The federal Resource Conservation and Recovery Act, usually referred to as “RCRA”, governs the storage and disposal of hazardous waste, including hazardous medical waste. In addition to generally applicable regulations, RCRA provides a set of alternative rules, called the “Alternative Requirements for Hazardous Waste Determination and Accumulation of …
Mississippi Governor Rescinds Executive Order Requiring Blue Cross of Mississippi to Grant “In Network” Status to Excluded Hospitals
By James M. Burns In early November, Mississippi Governor Phil Bryant rescinded an Executive Order (Executive Order 1327), issued only weeks earlier, that would have compelled Blue Cross of Mississippi to continue to offer “in-network” status to several Mississippi hospitals with whom Blue Cross had terminated its relationship as a result of a contract dispute …
Anti-Kickback Statute and On-Call Payments to Physicians
By Keith C. Dennen EMTALA requires hospitals to provide “appropriate” medical examination and treatment to individuals who come to the emergency room. Medicare requires hospitals to provide a list of doctors who are “on-call” to provide this treatment. Doctors, particularly specialists, are refusing to be “on-call” unless they are paid for this service. What does …
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Providers Must Enter into BA Agreements with Vendors who Transmit, Maintain, Use or Have Access to PHI
By Tatiana Melnik The Stage 2 Meaningful Use requirements make clear that the federal government is continuing its push to require healthcare providers to use information technology. The requirements also make clear, however, that patient privacy and security has not been sidelined. With this emphasis on making information available to patients online, providers must remember …