Articles

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

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

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.

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.

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

Click here to order this publication.

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.

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.

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.

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.

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.

Client Advisories
2008
OIG Finds Block Lease Arrangement Could Violate Anti-Kickback Statute 9/26/08

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

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

2007
USCIS Issues New Form I-9 12/19/07

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