Davis Wright Tremaine LLP Davis Wright Tremaine LLP
Practice Areas - Health Care/advisory bulletins
Home

Practice Areas - Health Care
 

Legal Services

Related Practice Areas

Advisory Bulletins

Publications & Resources

Health Care Search
 

 
News to Use
Recruiting
DWT in the Community
Seminars & Training
Bookstore
Lawyer Directory
Office Locations
Search & Site Map
Download DWT's Health Law Services brochure

New Advisory Bulletins

CMS Proposes Another Layer of Stark RegulationCMS Proposes Another Layer of Stark Regulation [Apr. 2008]


By Robert G. Homchick

The Centers for Medicare and Medicaid Services (CMS) recently issued the Fiscal Year 2009 Hospital Inpatient Prospective Payment System proposed rule (2009 IPPS Proposed Rule). In keeping with the agency's recent practice, CMS included in the 2009 IPPS Proposed Rule a smattering of proposed changes to the Stark regulations. The most significant proposals address the “stand in the shoes” concept, the period of payment disallowance following a Stark violation and the disclosure of physician financial relationships. CMS also solicited comments on the wisdom of a gainsharing exception and the need for additional regulation of physician-owned device or implant companies. The 2009 IPPS Proposed Rule will be published in the Federal Register on April 30, 2008, and public comments are due by June 13, 2008.
 

Physician-Owned ASCs to Lose Licenses Physician-Owned ASCs to Lose Licenses [April 2008]



By Paul T. Smith and Gabrielle B. Goldstein

The California Department of Public Health (DPH) is issuing letters to ambulatory surgery centers (ASCs), owned in whole or in part by physicians, notifying them that they are no longer eligible for licensure by the DPH. The DPH's policy is that it will not issue new licenses or renew existing licenses for ASCs that have any physician ownership. This new policy throws some ASCs into legal limbo, but it may also create opportunities for new business.

The DPH's current position is based on its interpretation of the California appellate court decision in Capen v. Shewry (2007) 155 Cal.App.4th 378. The DPH's policy is set out in an internal memo, referred to as a DOM. Its position is that the DPH has no jurisdiction over any ASC that has any physician ownership. We are aware of at least one ASC, owned in part by physicians and in part by investors, whose license expired earlier this year and who has been told by the DPH that its license will not be renewed.
 

San Francisco’s Health Care Security OrdinanceSan Francisco’s Health Care Security Ordinance: A Step-By-Step Approach to Compliance
[February 2008]

By Aaron A. Roblan and Judith Droz Keyes

On Jan. 9, 2008, the Ninth Circuit Court of Appeals issued its decision in Golden Gate Restaurant Association v. City of San Francisco, permitting implementation of San Francisco's Health Care Security Ordinance (the“HCSO”). While aspects of the ordinance will continue to be challenged, it is now in effect and all companies with employees in San Francisco must comply.
 

Email Notification Service

Laws are constantly changing. Fortunately, our lawyers are watching the legal developments that can affect your business. We regularly publish articles, advisory bulletins, and guides on legal developments that are of interest to you. Our publications are available free of charge by email and are posted on our website.

To sign up for our Advisory Bulletin email service, click here.


Previous Advisory Bulletin Archive

Washington Legislature Contemplates New “Baby” Stark Law [January 2008] read bulletin

STARK II PHASE III: More Changes; More Complexity [September 2007] read bulletin

Washington’s New Medicaid Audit Regulations: No More Mr. Nice Guy [July 2007] read bulletin

Clinical Trials Coverage – Dashed Expectations, But Stay Tuned [July 2007] read bulletin

CMS Proposes Changes to the Stark Regulations in the Medicare Physician Fee Schedule Rule [July 2007] read bulletin

IRS Tries Again: More Guidance Regarding Health Information Technology Cost-Sharing Arrangements [July 2007] read bulletin

The Specter of Mandatory Stark Reporting Rears its Head (Again) [June 2007] read bulletin

Redesigned Reporting Form for Tax-Exempt Organizations: IRS Releases Draft Form 990
[June 2007] read bulletin

Arizona Hospital Association Agrees to Stop Imposing Uniform Rates on Nurse Staffing Agencies [May 2007] read bulletin

IRS Guidance Clarifies That Tax-Exempt Hospitals May Share Health Information Technology With Physicians [May 2007] read bulletin

CMS Finally Issues Informed Guidance on Informed Consent: 2004 Interpretive Guidelines Revised [May 2007] read bulletin

Unionized Hospital Denied Antitrust Exemption in Nurses’ Suit [May 2007] read bulletin

Urgent Alert: Last Minute CMS Guidance On DRA's "Employee Education About False Claims Recovery," Effective January 1, 2007 [Dec. 2006] read bulletin

Executive Order Promotes Interoperable Electronic Health Records [Oct. 2006] read bulletin

OIG and CMS Adopt Final Regulations Permitting Donation of e-Prescribing and Electronic Health Records Technology [August 2006] read bulletin

Health Care Data Breaches: Steps To Take When Prevention Fails [May 2006] read bulletin

Deficit Reduction Act of 2005: New Policies and Employee “Education” Requirements About False Claims Recovery and Whistleblower Protections
[April 2006] read bulletin

HIPAA Security Rules Small Health Plan Compliance Deadline: April 20, 2006
Many Health Plans Remain Out of Compliance! [April 2006] read bulletin

Will Electronic Health Records Become the New Standard of Care? (And How Worried Should You Be If They Do?) [Feb. 2006] read bulletin

Data Breach Notification Laws: The Changing Landscape in Early 2006 [March 2006] read bulletin

Final HIPAA Enforcement Rule Published
[Feb. 2006] read bulletin

Nuclear Medicine to Become a Stark Designated Health Service [November 2005]
read bulletin

HHS Offers Cautious Protections for
E-Prescribing and EHR Subsidies [Oct. 2005]
read bulletin

Medicare Prescription Drug Contracts: One Key Term That Could Plunge Your Organization into the False Claims Morass [Sept. 2005] read bulletin

New Compliance Requirements Facing Pharmaceutical Companies Under California's
SB 1765 [Aug. 2005] read bulletin

User Agreements for Electronic Health Information Networks [Aug. 2005] read bulletin

complete listing of DWT's health-related advisories
Davis Wright Tremaine LLP
Home | Practice Areas | News To Use | Recruiting | DWT in the Community
Seminars & Training | Bookstore | Lawyer Directory | Office Locations | Search & Site Map
Davis Wright Tremaine LLP Davis Wright Tremaine LLP