The Impact of a Physician’s Ethical Obligations on Concierge Program Structure
Health Law Blog
by John Fisher, JD, CHC, CCEP
1y ago
As with other types of practice arrangements, concierge medicine arrangement require attention to the ethical implications. Physicians who enter these arrangements will want to assure that the structure and operation of the concierge practice does not violate any ethical principles. Ethical considerations should be baked into the structure of the concierge practice arrangement. Ethical considerations impact the terms of the concierge patient agreement, the process for securing patients to enter concierge arrangements, and the structure of the financial arrangement adopted as part of the concie ..read more
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Concierge Medicine Article Series
Health Law Blog
by John Fisher, JD, CHC, CCEP
1y ago
Concierge Medicine Legal and Operational Structure Articles in Series Chapter I – What is Concierge Medicine? Chapter II – Benefits of Concierge Medicine Arrangements Chapter III – Primary Legal Issues Impacting Concierge Medical Practice Arrangements Chapter IV – Services Normally Provided As Part of a Concierge Arrangement Chapter V – Concierge Medical Practice Legal and Operational Structure Chapter VI – Considering Whether to Opt-Out of Medicare Chapter VII – The Impact of a Physician’s Ethical Obligations on Concierge Program Structure AMA Opinion 8.055 – Retainer Practices AMA Code of Me ..read more
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We Received a PPP Loan – Now What?
Health Law Blog
by John Fisher, JD, CHC, CCEP
4y ago
We Received a PPP Loan—Now What? I wanted to direct everyone over to my law firm’s main website for excellent COVID-19 legal development coverage. Ruder Ware COVID-19 Coverage. With a second round of Paycheck Protection Program (“PPP”) funding coming available last week, a large percentage of small businesses either have already received (or will soon receive) the proceeds of a PPP loan. At only one percent interest over two years, PPP loans present a great opportunity, but, obviously, businesses are most interested in the forgiveness component. Maximizing loan forgiveness is key. Three of my ..read more
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CMS State Goals in the COVID-19 Pandemic
Health Law Blog
by John Fisher, JD, CHC, CCEP
4y ago
CMS has identified its general goals during the COVID-19 pandemic on a few occasions. The most recent was in the April 30, 2020 press release in which CMS introduces new regulatory waivers to assist providers as they emerge from the pandemic. CMS’ identified goals have included: To ensure that local hospitals and health systems have the capacity to handle COVID-19 patients through temporary expansion sites (also known as the CMS Hospital Without Walls initiative); To expand at-home and community-based testing to minimize transmission of COVID-19; To expand the healthcare workforce by removing ..read more
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The Joint Commission COVID-19 Information Page for Health Care Providers
Health Law Blog
by John Fisher, JD, CHC, CCEP
4y ago
The Joint Commission has issued a Coronavirus (COVID-19) guidance page for hospitals and other organizations who are accredited through that organization. The page contains a letter and a video from the CEO of the Joint Commission, Mark R. Chassin, MD, FACP, MPP, MPH. The Joint Commission Offers Useful Resources on the COVID-19 Pandemic. The page also contains a variety of statements from the Joint Commission, Frequently Asked Questions about the Joint Commission’s statement on use of face masks brought from home, a statement on universal masking, a public statement on the shortage of crit ..read more
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When is a Referral Mandate for Employed Physicians Permitted under the Stark Law?
Health Law Blog
by Fisher, JD, CHC, CCEP
4y ago
When Employed Physicians be Required to Make Referrals for Designated Health Services The Stark Law Regulations include a provision that dictates the conditions under which an employer of a physician may mandate referrals for designated health services.  Certain specific conditions must be met if an employer wishes to require its employed physicians to make referrals to the employer’s designated health services.  Many institutions assume that an employer may always require an employed physician to make referrals to its ancillary services.  That assumption is not correct. The Sta ..read more
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Complying with HIPAA and Beyond during COVID-19
Health Law Blog
by John Fisher, JD, CHC, CCEP
4y ago
Safeguarding Patient Health Information in an Emergency Situation Even in an emergency situation such as that presented by the COVID-19 pandemic, covered entities must continue to meet their obligations under federal and state laws protecting confidentiality of patient health care information, to implement reasonable safeguards to protect patient information against intentional or unintentional impermissible uses and disclosures. They must continue to comply with the administrative, physical, and technical safeguards of the security rule and privacy rule of the Health Insurance Portability and ..read more
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Coronavirus Checklist for Nursing Homes and Hospitals
Health Law Blog
by John Fisher, JD, CHC, CCEP
4y ago
Follow the links below to download from the CDC. A coronavirus preparedness checklist for hospitals, including long-term acute care hospitals are available from the CDC. Interim Infection Prevention and Control Recommendations for Patients with Confirmed Coronavirus Disease 2019 (COVID-19) or Persons Under Investigation for COVID-19 in Healthcare Settings: Strategies to Prevent the Spread of COVID-19 in Long-Term Care Facilities (LTCF ..read more
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