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Author Archives: Barry Rosen

Rural hospital monopolies (access required)

Antitrust laws can be used to prevent mergers that create a monopolistic entity that controls a service in an area and can thereby raise prices or initiate other anti-competitive actions.  However, in the health care context, sometimes monopolies can be ...

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Using the Travel Act to prosecute health care fraud (access required)

The Department of Justice recently invoked the federal Travel Act to bring bribery charges against owners and managers of the now-defunct, physician-owned Texas Forest Park Medical Center (FPMC). Almost all federal health care fraud prosecutions involve Medicare, Medicaid or other ...

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Maryland Board of Physicians’ absolute immunity (access required)

In a reported decision, Maryland’s intermediate appellate court recently overturned a $2.5 million judgment against the Maryland Board of Physicians and staff who were found to have disclosed personal medical information in a public disciplinary order with the intent to ...

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Kentucky medical review panel is unconstitutional (access required)

When Tonya Claycomb’s son was born with severe brain damage in a Louisville, Kentucky, hospital, Claycomb immediately filed a medical negligence lawsuit against those she believed responsible for her son’s condition. However, a Kentucky law stood in her way. Under ...

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Anticipate scrutiny of value-based program data (access required)

A recent lawsuit alleged that a Kansas hospital violated the False Claims Act (FCA) by manipulating data submitted to the Centers for Medicare and Medicaid Services (CMS) as part of a value-based program. Though the U.S. District Court for the ...

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Getting paid for telehealth (access required)

Telemedicine is expanding rapidly. In fact, the term “telemedicine” itself is losing ground to the broader term “telehealth,” which more aptly describes the growing number of providers using electronic communications to provide a growing number of remote health care services. ...

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Highlights of new health care legislation in Maryland (access required)

The Maryland General Assembly 2019 passed new health care legislation. Here are some highlights of the session: Affordable Care Act Next year’s Maryland tax return will include check boxes where, in addition to indicating health insurance status, individuals can choose ...

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Rosen and Coats: The 199A deduction, or a tale of 3 chairs (access required)

The Tax Cuts and Jobs Act of 2017 created Internal Revenue Code Section 199A, which allows for an income tax deduction generally equal to 20% of a taxpayer’s share of income from a pass-through entity (a sole proprietorship, an S ...

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Is there a non-hospital peer review privilege? (access required)

To encourage an effective peer review process, some states have promulgated laws that make peer review findings confidential and privileged. Furthermore, these laws generally provide that medical review committee findings are inadmissible in court. However, many hospitals routinely contract with ...

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New rules for substance abuse records (access required)

Early last year, a final rule went into effect that updates the Confidentiality of Substance Use Disorder Patient Records regulations, adopted by the Substance Abuse and Mental Health Services Administration (SAMHSA). SAMHSA regulations protect the confidentiality of records that contain ...

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