DENIAL OF AN OPRA REQUEST
Under New Jersey’s Open Public Records Act (OPRA), members of the public may request copies of certain public records. The government agency involved decides whether to grant or deny the request. If the agency denies the request, the requestor may appeal either through an administrative route (through the Government Records Council), or through the courts. […]
COURT TAKES EXPANSIVE VIEW OF DUTY TO REPORT CHILD ABUSE
Last week the New Jersey Appellate Division issued an opinion in the case of L.A., as Parent and Legal Guardian of S.A., a minor, and L.A., individually, v. New Jersey Division of Youth and Family Services, et al. In that case, L.A., as guardian of S.A., sued an emergency room physician for malpractice, based on […]
Post-Election Update Regarding the Affordable Care Act
With the election behind us, it is clear that the implementation of the Affordable Care Act (ACA) will move forward. It is also clear that the country is faced with a significant fiscal deficit and that steps, whether it is a grand compromise or characterized in any other way, will have to be taken to […]
Emergency Department Staffing Company Liable for Acts of “Independent Contractor” Physician
Last week, the Appellate Division issued its decision in Monk v. Emergency Physician Associates. The decision could have significant ramifications for emergency department, “Nighthawk” Radiology, and other staffing companies that contract with physicians to provide services at hospitals and other licensed health care facilities. The Monk case involved a suit for damages arising from the […]
Possible Reorganization of New Jersey’s Emergency Medical Services System Ahead
Earlier this week, legislation that would overhaul the current emergency medical services system in New Jersey was approved by the Senate Budget and Appropriation Committee. The bill, S-1650, will now move to the full Senate for consideration. It would require EMTs, paramedics and emergency responders to be licensed by the Department of Health and to […]
OIG Issues Memo Regarding Excluded Individuals
Last week, the HHS Office of the Inspector General (OIG) issued a memorandum to the Centers for Medicare and Medicaid Services regarding the employment of excluded individuals by service providers participating in Medicaid managed care entities. The OIG reviewed a sample of 500 providers and identified 16 individuals who were employed by the providers who […]
THE HEALTHCARE COST CONTAINMENT DIALOGUE CONTINUES
Continuing our coverage of the cost containment and the potential reconfiguration of healthcare going forward, this blog contains links to three articles discussing cost containment issues. One is a recent article from the Washington Times which describes the potential of an Executive Order requiring physicians to take care of all patients covered under the Affordable […]
OIG ISSUES ADVISORY OPINION RE: WAIVER OF CO-PAYMENTS BY AMBULANCE SUPPLIERS
On September 11, 2012, the HHS Office of Inspector General (“OIG”) published Advisory Opinion No. 12-11. The Advisory Opinion imposes significant restrictions on the ability of a private ambulance supplier to waive the collection of co-payments and other cost-sharing amounts for services rendered to residents of a municipality. In addition, the Advisory Opinion significantly narrows […]
Frank Ciesla Quoted In Article, “Credit Downgrades: How Could They Impact a Hospital’s Capital Structure?”
Through the first six months of 2012, non-profit hospital credit downgrades have outnumbered upgrades 23 to 20, and there were 12 downgrades alone in the second quarter…READ MORE
COURT ADDRESSES CONFIDENTIALITY UNDER THE PATIENT SAFETY ACT
Last week, the Appellate Division issued its decision in a case involving the scope of the confidentiality provisions of the New Jersey Patient Safety Act. The Patient Safety Act, or PSA, requires licensed health care facilities to develop patient safety plans to improve the health and safety of patients within their facilities. The patient safety […]
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