Latest from AHLA's Health Lawyers Weekly (15 Sep 2006)

From the table of contents of the September 15 issue of AHLA's Health Lawyers Weekly, a free member benefit:

Top Stories

• Grassley Continues To Examine Nonprofit Hospitals' Provision Of Charity Care -- Senate Finance Committee Chairman Charles Grassley (R-IA) took the next step in his effort to examine the nonprofit hospital sector by convening a hearing September 13, Taking the Pulse of Charitable Care and Community Benefits at Nonprofit Hospitals, as well as releasing responses from ten nonprofit hospitals on Grassley's 2005 query about their charitable activities. Full Story
• CMS Announces 5.6% Increase In Standard Medicare Part B Monthly Premium For 2007 -- The standard Medicare Part B monthly premium for 2007 will increase by 5.6%, from the current $88.50 to $93.50, which is lower than early projections, according to a fact sheet released September 12 by the Centers for Medicare and Medicaid Services (CMS).Both the 2006 Medicare Trustees Report issued in May and the July Mid-Session Review of the President's 2007 budget forecast a new Part B premium of $98.50, the fact sheet noted. Full Story

Articles & Analyses

• Thou Shalt Not Profit, Part II: D&O Liability Issues For Tax-Exempt Healthcare OrganizationsBy David M. Finz, Beecher Carlson, & Christopher S. Rizek, Caplin & Drysdale

Current Topics

• Antitrust
  Tenth Circuit Rules Excluding Optometrists From Provider Panel Does Not Violate Sherman Act
• Arbitration/Mediation
  Mississippi Supreme Court Finds Arbitration Agreement Precludes Wrongful Death Action Against Surgeon
• ERISA
  U.S. Court In Utah Finds Healthcare Provider's State Common Law Claims Against Insurer Not Preempted By ERISA
• Food and Drug Law
  1. FDA Fines American Red Cross $4.2 Million
  2. U.S. Court In Texas Finds Compounded Drugs Not Subject To FDA's New Drug Approval Process
  3. Tenth Circuit Rules FDA Has Authority To Ban Ephedra Under Unreasonable Risk" Standard
• Fraud and Abuse
  1. AdvaMed Asks OIG For More Guidance On Potentially Suspect Physician Investments In Medical Device Firms
  2. U.S. Intervenes In Whistleblower Suit Against Drug Manufacturer
  3. Eleventh Circuit Vacates Sentences Imposed On Consultant and Home Health Agencies For Conspiring To Submit False Claims To Medicare
  4. Update
• Hospitals and Health Systems
  Hospitals Failed To Report To CMS Nearly Half Of All Restraint And Seclusion Deaths, OIG Finds
• Insurance
  HSAs Have Lower Premiums, But Higher Out-Of-Pocket Costs, GAO Says
• Medicaid
  Senate Panel Holds Roundtable Discussion On Managed Care In Medicaid
• Medical Malpractice
  Kansas Appeals Court Finds On-Call Physician Owes No Duty Of Care To Patient When Physician Refused To Treat Patient
• Medicare
  1. OIG Finds Estimated $20 Million In Medicare Overpayments For Radiology Services
  2. CBO Estimates Costs Of Options For Overriding Medicare Physician Payment Rate Reductions
  3. CMS Releases Draft Part D Chapter For Comment
• News in Brief
  1. CMS Names Contractors To Study IPPS Reform
  2. Healthcare Price Transparency Bill Introduced In House
• Physicians
  1. Hawaii Supreme Court Allows Action Alleging Insurer Systematically Impeded Network Physicians' Claims
  2. U.S. Court In Pennsylvania Finds Hospital Has HCQIA Immunity From Suspended Physician's Antitrust And Breach Of Contract Claims
• Quality of Care
  HSC Study Finds Hospitals Participate In Quality-Reporting Programs But Coordination, Resources Lacking

(c) 2006 AHLA. Reprinted with permission.