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2010

The Elder Justice Act: What it Means for Long-Term Care Facilities 9/3/10

CMS Proposes Clarification to Home Health Agency Thirty-Six Month Rule (But It's Not As Helpful As You'd Think) 9/3/10

Celebrating PECOS Postponement? Don't Get Too Comfortable 7/8/10

FMLA Update: Clarification of "In Loco Parentis" Status and the Definition of "Son or Daughter" 6/30/10

Health Reform-Impact on Employer-Sponsored Health Plans 6/25/10

Behavioral Healthcare Providers should Monitor Potential Opportunities under the Health Reform Act 6/25/10

The CLASS Act: What Post-Acute Care Providers Need to Know 6/25/10

Federal Funding to Study Medical Malpractice Litigation Alternatives: HHS Distributes $25 Million in Grants, another $50 Million Possibly to Come 6/25/10

Health Reform Act: Changes to Medicare Enrollment, Claims, and Documentation Become Effective on July 6, 2010 6/21/10

Virginia Medicaid Providers: Fiscal Agent Transition Time Is Here 6/14/10

CMS Removes Major Obstacle to Telemedicine Practice (But Others Remain) 6/11/10

How Should Physicians Prepare for Health Reform and Accountable Care? 6/10/10

Attention Nursing Facilities: Know the Five "Cs" of Compliance Program Planning 6/7/10

Health Reform Update: It's 2010 and Voluntary Compliance Is No Longer An Option 6/4/10

2010 Healthcare Legislation Highlights 6/4/10

Health Reform Act: A Positive Step in Improving Access to Healthcare in Rural America 6/2/10

Health Reform Act: Should You Form an Accountable Care Organization? 5/18/10

Health Reform Imposes New 60 Day Deadline for Reporting Self-Discovered Overpayments 5/18/10

Equality for Behavioral Health Coverage 5/18/10

Health Reform & Long-Term Care: Provisions Impacting Transparency, Enforcement and Staff Training 5/17/10

Health Reform Expands 340B Drug Program Eligibility and Compliance Measurers 5/12/10

Quality and the Bottom Line After Healthcare Reform - How Value-Based Purchasing Programs and Quality Performance Measures Will Impact Your Hospital's Financial Performance 5/11/10

Health Care Reform and Dual Eligibility - There's (Finally) a Sheriff in Town 5/5/10

IDR Update: Providers See Positive Results From IDR Proceedings 4/29/10

New Stark Disclosure Standards under the Health Reform Act – What Providers Should Do Today 4/27/10

A Strategic Approach to Complying With The Joint Commission's Revised Standard MS.01.01.01 4/20/10

UPDATE - Advance Directive Legislation (2010) 4/13/10

Virginia's 2010 Mental Health Law Changes 4/2/10

Health Reform Adds New Requirements for Nonprofit Hospitals to Remain Tax-Exempt 4/2/10

Advanced Diagnostic Imaging Suppliers Must Become Accredited by 2012 3/4/10

Proposed Changes to Virginia's Behavioral Health Licensure Rules 3/4/10

Fiscal Agent Transition is Coming - Have You Checked Your Email? 3/1/10

NPDB Update: Reporting Summary or Precautionary Suspensions; Increased Information Accessible in the NPDB 2/26/10

CMS Revises Interpretive Guidelines For Anesthesia Services in Hospitals 1/28/10

New Medicare Enrollment Rules Complicate Acquisitions Involving Home Health Agencies 1/20/10

Advance Directives and Durable Do Not Resuscitate Orders - 2010 Proposed Amendments 1/14/10

Department of Medical Assistance Services ("DMAS") Announces New Medicaid Fiscal Agent and Provider Enrollment Services Contractor 1/11/10

2009

Medical Society of Virginia Works to Promote Non-Hospital Based Quality Assurance 11/16/09

CMS Issues Final Rule for Physician Supervision in Outpatient Hospital Departments--Providers Will Benefit From Relaxed Supervision Requirements in 2010 11/6/09

H1N1 Section 1135 Waiver for Hospitals11/2/09

The 2010 OIG Work Plan 10/12/09

EEOC Issues Guidance for Employers Preparing for the H1N1 Flu Virus 10/9/09

CMS Targets SNFs in Upcoming Provider Enrollment Revalidation Effort 9/29/09

Regulatory Changes to Stat-Drug Boxes9/9/09

Revised Interpretive Guidance for Infection Prevention & Control: Effective September 30, 2009 9/9/09

Breach and Notification Regulations Issued; Expected Compliance Date: September 23, 2009 8/21/09

Draft Hospital Licensure Requirements Mandate Reporting of 24 Serious Events 8/14/09

CMS Proposes Changes to Cardiac Rehabilitation Program Design and Physician Supervision Requirements 7/24/09

Providers Catch a Break - CMS Issues New Physician Supervision Standards in 2010 OPPS Proposed 7/9/09

Revisions to the Virginia Health Care Decisions Act Governing Advance Directives and Durable Do Not Resuscitate (DDNR) Orders 7/1/09

Virginia Supreme Court Addresses Nursing Facility Certificate of Public Need Issue 6/29/09

UPDATE CMS Mandatory Insurer Reporting Requirements 6/16/09

OIG Issues Advisory Opinion No. 09-05 Approving a Hospital's Proposal to Compensate Physicians for On-Call Services 6/10/09

New Medicare Conditions of Coverage and Interpretive Guidelines for Ambulatory Surgery Centers 6/5/09

2009 Healthcare Legislation Highlights 5/8/09

Effective July 1, 2009: New CMS Mandatory Insurer Reporting Requirements 4/29/09

CMS Implements Significant Changes to Medicare Enrollment and Change Notification Rules for Physicians and Non-Physician Practitioners 4/28/09

COBRA Subsidy Part 2 - Government Releases Guidance 3/16/09

Community Benefit and Executive Compensation: IRS Releases the Final Report of Hospital Study 3/5/09

Stimulus Plan Mandates Changes to HIPAA Policies, Procedures and Agreements 2/26/09

COBRA Coverage Changes Require Immediate Employer Action 2/24/09

Use of the Revised Advanced Beneficiary Notice of Noncoverage (ABN) Becomes Mandatory on March 1, 2009 2/5/09

2008

FMLA Update: New FMLA and Military Leave Regulations Effective January 16, 2009 12/29/08

CMS Five Star Nursing Facility Quality Rating System "Goes Live" December 18, 2008 12/15/08

CMS Implements Significant Changes to the Direct Physician Supervision Standard in On-Campus Provider-Based Hospital Outpatient Departments 12/12/08

The Final Rule for Patient Safety Organizations Pursuant to The Patient Safety and Quality Improvement Act 11/26/08

Virginia Supreme Court Rules that Confidentiality of Private Settlements Not Guaranteed 11/12/08

New ADA Amendments Act Signed Into Law, Nullify U.S. Supreme Court Rulings 10/22/08

A New Level of Transparency for Exempt Organizations: The Form 990 Overhaul for 2008 10/20/08

Red Flag Rules Attempt to Curb Identity Theft Hospitals and Healthcare Providers Affected 10/17/08

The OIG Encourages Nursing Facilities to Evaluate the Effectiveness of their Compliance Programs in New Supplemental Compliance Program Guidance 10/14/08

OIG Finds Block Lease Arrangement Could Violate Anti-Kickback Statute 9/26/08

CMS Bans the Use of Signature Stamps on all Medical Records 9/11/08

Deferred Compensation - 409A Compliance Deadline Looms 8/21/08

Virginia's Proposed Electronic-Discovery Rules: Healthcare Providers Should Prepare for the Inevitable 6/27/08

Hospitals Face Claims Denials for Services: CMS Bans the Use of Signature Stamps 6/3/08

The GINA is out of the Bottle: The Genetic Information Nondiscrimination Act Becomes Law 6/3/08

Nursing Facilities Weigh In:OIG Issues New Draft Compliance Program 5/14/08

OIG Refines Self-Disclosure Protocol 4/30/08

IRS Releases Draft Form 990 for Comment 4/30/08

Virginia's Changing Mental Health Laws 4/30/08

Proposed Regulations for the Patient Safety and Quality Improvement Act 3/14/08

Hospitals Take Note: CMS Issues New Interpretive Guidelines for Several Hospital Conditions of Participation 3/13/08

FMLA Update: What Employers Need to Know 3/5/08

2007

USCIS Issues New Form I-9 12/19/07

OSHA Announces New Rule: Employers Generally Must Pay For Personal Protective Equipment 12/4/07

Nursing Facilities Beware: The 2008 OIG Work Plan Targets Long Term Care Fraud and Abuse 11/7/07

It's Here: The 2008 OIG Work Plan 10/12/07

CMS Revised Guidance on TAG F323 Raises Questions Regarding Disclosure of Incident Reports 8/27/07

A Tighter Focus On Tax-Exempt Operations and Governance: The Proposed Changes to Form 990 7/3/07

Physician Delegation of Duties - Controlled Substance Administration 6/8/07

EEOC Issues New Guidance on Health Care Workers and the American with Disabilities Act 5/2/07

CMS Revises Informed Decision-Making and Informed Consent Guidelines 4/26/07

Additional Guidance on the Deficit Reduction Act of 2005 4/4/07

Rural Health Care Program 4/2007

CMS Publishes Final Rule on Hospital Emergency Department and Clinic Services Coding and Payment Rates 3/12/07

CMS Publishes Final Rule on Restraints and Seclusion 1/4/07

2006

CMS Announces Final Rule on Medicare and Medicaid Conditions of Participation 12/12/06

Recent Virginia Supreme Court Ruling on Incident Reports 11/21/06

2007 OIG Work Plan 10/19/06

U.S. Supreme Court Establishes New Standards for Title VII's Anti-retaliation Provision 10/12/06

Virginia Supreme Court Narrows the Scope of the Medical Malpractice Act 6/14/06

IRS Issues Compliance Check Questionnaires to Country's Hospitals and Health Systems 6/9/06

Deficit Reduction Act of 2005 Mandates Fraud and Abuse Compliance Programs and Education Efforts Effective January 1, 2007 6/7/06

Laboratory Test Results and Physician Immunity: Life After Oraee and the 2006 General Assembly 4/27/06

DHHS OIG Announces Availability of Self Disclosure for Liability Under Federal Stark and Anti-Kickback Laws 4/24/06

Am I A "Good Samaritan Under Virginia Law If I Provide Emergency Care or If I Provide Health Care at Free Clinics to the Underserved?" 4/19/06

2005

Providers: In Flurry of Medicare Part D Activity, Don't Forget about CMS Marketing Guidelines 12/19/05

Virginia Supreme Court Alters "Lab Results" Immunity for Physicians 11/29/05

Better Late Than Never: OIG Releases the 2006 Work Plan 11/22/05

Apparent Agency? Apparently Not. 10/26/05

Fourth Circuit Creates Split by Ruling FMLA Rights Cannot be Waived 9/21/05

Are You COP Compliant? CMS Issues Revisions to Interpretive Guidelines for Hospital Conditions of Participation 9/19/05

Time to Face the FACTA: Employers Must Comply with New Records Disposal Rule by June 1, 2005 5/13/05

JCAHO Issues Call to Action: Current Medical Liability System Hinders Improvements in Patient Safety 4/2005

Virginia Supreme Court to Consider Theory That Would Increase Hospitals' Medical Malpractice Liability 3/21/05

CMS Creates Special Informed Consent Requirements for Surgery 3/7/05

OIG Supplemental Compliance Program Guidance for Hospitals Published in Final Form 2/15/05

2004

Employers: Running Out of Storage Space? New Law Will Allow Electronic Completion and Storage of Form I-9 12/30/04

Be Aware of Anesthesia Awareness 12/30/04

Virginia Office of the Chief Medical Examiner Releases New Guidelines for Hospital Response to Mass Fatality Events 12/30/04

U.S. Supreme Court Ruling: Sexual harrassment affirmative defense may be available in constructive discharge cases 10/21/04

Important Changes in Reporting Requirements 9/28/04

Revised Regulations Affect Certified Nurse Aids (CNA) and CNA Training Programs 9/28/04

New Virginia Law Provides an Additional Remedy for Healthcare Providers When Patients Pocket the Insurance Reimbursement Check 8/9/04

Supplement to Compliance Program Guidance for Hospitals: Time to Focus on Risks and Review Current Compliance Efforts 6/18/04

Proposed regulations will impact all health care entities currently enrolled in the Medicare program 6/16/04

New EMTALA Interpretive Guidelines 6/2/04

U.S. Supreme Court Ruling: The ADEA Does not prohibit "Reverse" Age Discrimination 6/1/04

EPA Issues Alert to Hospitals 5/26/04

Early Settlements With Patients, While Economical, May Be Void 4/7/04

Federal Government Proposes Broader Definition of "Job Applicant" 4/6/04

New Stark II Regulations Expand Some Options, Limit Others 4/5/04

Medical service providers who treat injured federal employees must enroll in new system to receive payment 2/12/04

When Hospitals are Responsible for Physician's Care 1/15/04

2003

U.S. Supreme Court Ruling: Physician-Shareholders Can Be Employees Under the ADA 11/13/03

JCAHO Periodic Performance Reviews 10/22/03

CMS Announces Final Rule on EMTALA 9/15/03

Article - The Challenge of EMTALA Compliance in Psychiatric Cases

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Briefs

In the Supreme Court of Virginia
Brief in Opposition to Petition for Appeal, Record No. 072540
Authored by Jeannie A. Adams, Esq. and Paul T. Walkinshaw, Esq.
Click here to download a PDF of the complete brief.

In this appeal to the Supreme Court of Virginia, INOVA Loudoun Hospital Center (LHC) seeks to reverse the grant of a certificate of public need (COPN) to Northern Virginia Community Hospital, LLC (NVCH).  NVCH, represented by HDJN, was successful in obtaining a COPN from the Commissioner of the Department of Health for a new hospital in the Broadlands area of Loudoun County in Northern Virginia.  LHC appealed the grant of the COPN to the Court of Appeals of Virginia.  HDJN opposed LHC’s appeal, and a unanimous three-judge panel of the Court of Appeals affirmed the Commissioner’s grant of the COPN.  LHC petitioned the Court of Appeals to review the case en banc, but the Court unanimously rejected the petition.  LHC now petitions the Supreme Court for review of the Court of Appeals’ decision, and HDJN filed a brief opposing LHC’s petition.  The case is currently pending.

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In the Supreme Court of Virginia
Brief Of Appellee Consumers
In the Supreme Court of Virginia, Record No. 071566, Potomac Edison company, d/b/a Allegheny Power, Appellant, v. State Corporation Commission, et al.
Authored by Jeannie A. Adams, Esq., Paul Walkinshaw, Esq., and Rachel J. Suddarth, Esq.
Click here to download a PDF of the complete brief.

In this appeal to the Supreme Court of Virginia, Allegheny Power (Allegheny) seeks to reverse a decision of the State Corporation Commission (SCC) that summarily denied its application for a $99 million rate increase that would have had a grave impact on businesses and consumers in the Fredrick County area service territory. HDJN successfully represented a group of industrial consumers in opposing the rate increase and the SCC agreed that a memorandum of understanding it entered into with Allegheny in 2000, prohibited the increase. The case will be argued before the Court in late February.

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Brief Amicus Curiae by the Medical Society of Virginia and W. Scott Johnson, Esq., and Gerald C. Canaan, II, Esq., of Hancock, Daniel, Johnson & Nagle, PC. -
Click here to download a PDF of the complete brief.

In the Supreme Court of Virginia, Record No. 050206, Samad Oraee, M.D., et al, Appellants/Petitioners, v. Harliss C. Breeding, Jr., Executor of the Estate of Sherry E. Breeding, deceased, Appellees/Respondent: Amicus Curiae of the Medical Society of Virginia and W. Scott Johnson, Esq., and Gerald C. Canaan, II, Esq., of Hancock, Daniel, Johnson & Nagle, P.C., Counsel to Amicus Curiae.

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Brief Amicus Curiae of the Medical Society of Virginia and W. Scott Johnson, Esq., John B. Mumford, Jr. Esq., and Molly August of Hancock, Daniel, Johnson & Nagle, PC. -
Click here to download a PDF of the complete brief.

In the Supreme Court of Virginia, Record No. 040349, Marie E. Smith, Executrix of the Estate of Michael R. Smith, Deceased, Appellant, v. Declan Irving, M.D. and Coastal Surgical Associates, Appellees: Brief Amicus Curiae of the Medical Society of Virginia and W. Scott Johnson, Esq., John B. Mumford, Jr. Esq., and Molly August of Hancock, Daniel, Johnson & Nagle, P.C., Counsel to Amicus Curiae.

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Joint Amicus Curiae Brief of the Medical Society of Virginia and the Virginia Hospital & Healthcare Association -
Click here to download a PDF of the complete brief.

In the Supreme Court of Virginia, Record no. 031613, Carolyn Stottlemyer, appellant/cross-appellee, v. John w. Ghramm, M.D., appellee, and Winchester Medical Center, Inc., appellee/cross-appellant: Joint Amicus Curiae Brief of the Medical Society of Virginia and the Virginia Hospital & Healthcare Association, in support of the appellees/cross-appellant.

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Books

Legal Considerations Surrounding Cosmetic Surgery by W. Scott Johnson, Oral Maxillofacial Surg Clin N AM 17 (2005) 123-127. Click here to download a PDF of the complete article.

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Peer Review Guidebook, 3rd Edition - By American Health Lawyers Association (AHLA) Credentialing and Peer Review (CPR) Practice Group

Co-authored by Jeannie A. Adams, an Associate with Hancock, Daniel, Johnson & Nagle, P.C., and member of CPR Practice Group

This new edition completely updates the case law, reviews the threshold issues, presents analysis of the Health Care Quality Improvement Act (HCQIA) and its impact on the peer-review process, offers guidance in the selection and compensation of hearing panel members, and provides new chapters on injunctive relief from peer-review actions and the effect that the privacy rule of the Health Insurance Portability and Accountability Act has on peer review. These revisions transform a great guidebook into an even better practical guide to the peer-review process and disciplinary proceedings involving physicians.

The title provides a multitude of citations to cases, articles, and other sources. The Peer Review Guidebook also addresses: recognizing and characterizing the issues; informal dispute resolution; suspension of privileges; the formal hearing process; utilization of legal counsel by both sides; presentation of the case; reporting requirements; and reconciling reality with HCQIA and applicable state laws and regulations.

The appendices include a listing of cases in which physicians have alleged violations of the American Disabilities Act, cases dealing with physician-behavior issues, a comprehensive list of exclusive-contract case law, and cases decided under HCQIA.

© 2003, approximately 180 pages, perfect bound, Practice Guide

 

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Articles

Practice Pointer: Deposing the Plantiff's Expert
by Sean P. Byrne, Esq.

When defending medical malpractice cases, we like to win just as much as basketball coaches. This article suggests how you can apply some of John Wooden's (legendary for his success as a Hall of Fame basketball coach at UCLA) wisdom to succeed in deposing the plaintiff's expert witnesses in medical malpractice litigation. Click here to download a PDF of the complete article.

Published in American Health Lawers Association, Healthcare Liability and Litigation Newsletter - June 2010, Volume 12, Issue 1.

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2007 Annual Review of Virginia's Health Care Law
by Sean P. Byrne, JD and Paul T. Walkinshaw, JD.

This update on health care law in Virginia summarizes the recent changes to legislation (Sean Byrne's contribution) and recent Virginia Supreme Court cases (Paul Walkinshaw's contribution) which impact health care law and is a very valuable and worthwhile read. Click here to download a PDF of the complete article.

Published by the University of Richmond Law Review Volume 42 Annual Survey 2007 Number 2

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Medicolegal Aspect of Error in Pathology by Michael J. Kornstein, MD; Sean P. Byrne, JD. Click here to download a PDF of the complete article.

Published in Archives of Pathology and Laboratory Medicine Volume 131
Issue 4 April 2007

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Passing the Buck - Cost Shifting Under the New e-Discovery Rules by Neal H. Lewis and Kathryn E. Kransdorf.
Click here to download a PDF of the complete article.

Published in e-Discovery, 2007. © 2007 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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Note: This page includes information about important developments in health law. This information is provided solely to alert readers to general issues and developments that may affect their business and professional practices. This information is provided strictly as a convenience and is not intended, and should not be taken, as legal advice.

Individuals seeking legal advice in any area discussed on this site should contact a qualified attorney. Under no circumstances will Hancock, Daniel, Johnson & Nagle, P.C. be liable for any direct, indirect, or consequential damages resulting from the use of this material.

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