By James W. Saxton, Esq. and Maggie M. Finkelstein, Esq.[1]
The national healthcare reform legislation passed in March 2010 is comprehensive and could have a profound impact on the delivery of health care services.  The Patient Protection and Affordable Care Act (signed into law on March 23, 2010) and Health Care and Education Reconciliation Act of 2010 (signed into law on March 30, 2010) (Collectively “PPACA”) is far reaching.  Its impact is already being felt by healthcare providers nationwide, with implementation of the Act’s requirements to continue through 2018 (although most that would impact healthcare …

By Steven H. Snyder, Esq.
A couple which chooses to use surrogacy to build a family faces many costs that the average parent never incurs. Most of these costs are readily apparent and known at the beginning of such a program. There are (1) the obvious medical expenses for the embryo transfer/insemination, together with the required psychological and medical testing and fertility drugs, (2) the reimbursable expenses and possible compensation of the surrogate (and, possibly, an egg donor, as well), (3) legal fees for the initial surrogacy contract and the subsequent parentage …

By John W. Jones, Esq.
Many research-based pharmaceutical and biotechnology companies discover, develop and manufacture new medicines that help patients live healthier lives.  Critical to the development of new drugs and therapies is clinical research.  Manufacturers often contract with physician-purchasers of their products to engage in such research activities.
Principles governing the conduct of clinical research are set forth in the Declaration of Helsinki and the Guideline for Good Clinical Practice of the International Conference on Harmonization.  These standards have been translated and adopted into laws and regulations and enforced by federal …

By Martha Swartz, M.S.S., J.D.
As the number of clinical trials increase and physicians’ revenue declines, a growing number of physicians are considering participating in clinical trials sponsored by pharmaceutical companies. One concern that often makes them hesitate to participate is the potential financial repercussions if a subject experiences a study-induced injury.
Numerous lawsuits have been filed on behalf of study participants alleging that they have been injured as the result of participation in a clinical trial. Among the defendants are the investigators and institutions in which the studies take place, the …

If you’re in the market for an EHR system, the Office of the National Coordinator for Health Information Technology (ONC) — this is the division of Health and Human Services making computer-related decisions for docs — has released its first list of approved and complete EHRs that have been determined to meet the requirements of “meaningful use.”
According to the ONC, “Only those EHR technologies appearing on the [ONC list] may be granted the reporting number that will be accepted by CMS for purposes of attestation under the …

By Jessica Marcy
Kaiser Health News

Healthcare.gov, the website created by the new health law to be a one-stop consumer resource, today unveiled detailed cost and benefits information about health plans available in the individual insurance market. It’s the first time such data have been made public – either by the government or industry.
The site will also list the percentage of applications turned down and of people who are charged more than that health plan’s advertised price.
HHS officials say now consumers will be able to solve some of the mysteries …

By Daniel M. Bernick, Esq., M.B.A.
Loathed by associate physicians and loved by practice owners, non-compete clauses are standard features in physician contracts.  An understanding of these provisions is thus essential for all concerned.
What exactly is a “non-compete” or “restrictive covenant” clause?  The standard provision prohibits a departing associate from practicing in the immediate vicinity of his former employer.  For example:
“Physician agrees that upon his termination of employment by Medical Practice for any reason, and for two (2) years thereafter, he shall not practice [insert medical specialty] with a 5 air …

A new report from the American Medical Association (AMA) paints a bleak picture of physicians’ experiences with medical liability claims and bolsters the case for national and state level reform. A key finding from the report is that, among physicians surveyed by the AMA, there was an average of 95 medical liability claims filed for every 100 physicians, almost one per physician.
The report has data not available anywhere else, including information on medical liability claims’ impact by age, gender and practice arrangement for physicians. Highlights in the report include:

Nearly 61 …

By James W. Saxton, Esq. and Maggie M. Finkelstein, Esq.
Risk management strategies have been a key factor to the success of a physician practice for over a decade now; however, the focus has traditionally been on the benefit to reducing liability risk.   Now, risk management takes on a new importance as healthcare practice is increasingly tied to quality, transparency, and safety.   New factors at play in the healthcare environment, particularly national healthcare reform, will make the need for incorporating risk management strategies even greater.  A few significant issues include:

Physician shortages
Physician …

The government released new rules on Tuesday that further define “meaningful use” of electronic medical records for physicians and hospitals.  Earlier this year, the Health Information Technology for Economic and Clinical Health Act (HITECH) authorized incentive payments to physicians for the use of EHRs including $44,000 through Medicare and $63,750 through Medicaid.  But achieving meaningful use was confusing to stakeholders.  Until now.
The original proposal was criticized as too restrictive as physicians were required to meet every one of 25 objectives in order to receive their incentive payment.  Under …