Articles

Legal Q/A - I know that disclosure of HIV-related information requires a special form of written consent, but are there other legal restrictions that our medical practice should be aware of when dealing with HIV-related information?

March 2012, Onondaga County Medical Society Bulletin

Co-Management: An Instrument of Hospital/Physician Alignment

December 2011, Onondaga County Medical Society Bulletin

The Challenge of ACOs: Are Physicians Willing to Step Up to the Plate?

June 2011, Onondaga County Medical Society Bulletin

Department of Health Establishes Amnesty Period for Illegal EHR Arrangements

March 2011, Onondaga County Medical Society Bulletin

Better to Ask for Forgiveness? The Start Self-Referral Process

December 2010, Onondaga County Medical Society Bulletin

Legal Q/A - Our medical practice would like to offer a prepaid medical service plan to patients whereby we would provide a limited bundle of medical services for a fixed annual fee. The plan would include an annual preventive care exam, flu shot, patient education, and a limited number of sick call visits (e.g., 6 per year). Additional services would be made available at a discounted rate if the patient were to exceed the number of allowed visits under the plans. Would this arrangement be legal?

September 2010, Onondaga County Medical Society Bulletin

Legal Q/A - If our medical practice leases technicians and other personnel from a staff leasing company, are we required to provide workers' compensation and disability benefits coverage for them?

June 2010, Onondaga County Medical Society Bulletin

Legal Q/A - Is it legal for a hospital to pay physicians for on-call services, and if so, how can the payment be structured?

March 2010, Onondaga County Medical Society Bulletin

Legal Q/A - Malpractice insurance offered by risk retention groups is often cheaper than traditional liability insurance, but does it have any disadvantages?

September 2009, Onondaga County Medical Society Bulletin

Legal Q/A - Does my practice need to comply with the FTC Red Flags Rule?

June 2009, Onondaga County Medical Society Bulletin

Legal Q/A - Under what circumstances can a health plan terminate me from its panel of network providers?

December 2008, Onondaga County Medical Society Bulletin

Legal Q/A - Under what circumstances can a health plan terminate me from its panel of network providers?

December 2008, Onondaga County Medical Society Bulletin

Legal Q/A -Under what circumstances can a health plan terminate me from its panel of network providers?

December 2008, Onondaga County Medical Society Bulletin

Legal Q/A– I've heard that new legislation has changed the procedures for disciplinary actions by OPMC. What are those changes and how might they impact physicians?

September 2008, Onondaga County Medical Society Bulletin

Legal Q/A– If I'm a non-participating physician with a third-party payer, would it be improper to waive the patient's co-payment obligation to ease the burden of higher patient costs associated iwth out-of-network benefits?

June 2008, Onondaga County Medical Society Bulletin

Legal Q/A–What will happen to a medical practice if the sole shareholder of a professional corporation dies, or if a partner in a two-person partnership dies? Does the practice still exist as a viable legal entity?

September 2007, Onondaga County Medical Society Bulletin

Legal Q/A–Does HIPAA protect the confidentiality of medical records of a deceased patient?

June 2007, Onondaga County Medical Society Bulletin

Legal Q/A– I’ve heard that thousands of complaints have been filed with the government alleging violations of HIPAA, but very few providers have been sanctioned. Have the concerns about medical records privacy under HIPAA been overblown?

March 2007, Onondaga County Medical Society Bulletin

The Excellus Settlement: Shouldn't You Expect the Same Business Practices from Your Other Payers?

Winter 2005, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Legal Q/A -- I've heard that covenants not to compete are difficult of enforce. Does it make any difference whether the covenant involves a primary care physician or specialist?

November 2005, Onondaga County Medical Society Bulletin

CMS' Recovery Audit Initiative (RAC): New York Physicians on the Rack

Spring 2005, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Finally!: The Stark II Final Phase II Regulations

Winter 2004, The Bulletin (5-County Medical Society)

Legal Q/A -- What are the most common types of professional misconduct leading to disciplinary sanctions against physicians by the Office of Professional Medical Conduct (OPMC)?

December 2004, Onondaga County Medical Society Bulletin

Legal Q/A -- Is a physician in our medical practice who suffers from a disability, and happens to be one of the co-owners of the practice, entitled to the protections of the Americans With Disabilities Act?

September 2004, Onondaga County Medical Society Bulletin

Legal Q/A -- What are some of the more significant changes affecting practicing physicians under the Medicare Prescription Drug, Improvement and Modernization Act that was recently passed?

June 2004, Onondaga County Medical Society Bulletin

"You've Got Mail": HIPAA Requirements for E-Mail Communication

Spring 2004, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Legal Q/A -- Malpractice Claims and Arbitration

March 2004, Onondaga County Medical Society Bulletin

Legal Q/A -- What are the HIPAA requirements if I want to communicate with my patients via e-mail?

December 2003, Onondaga County Medical Society Bulletin

Legal Q/A -- I am a member of the Board of Directors of our P.C. and also sit on the Board of an IPA. What kind of liability exposure do I have as a director and how can I limit my risk?

September 2003, Onondaga County Medical Society Bulletin

Legal Q/A -- Contractual Joint Ventures Draw Scrutiny From OIG

June 2003, Onondaga County Medical Society Bulletin

Legal Q/A -- Legal Obligations: Patients' Medical Records

March 2003, Onondaga County Medical Society Bulletin

Contractual Joint Ventures Draw Scrutiny from OIG

Spring 2003, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Restrictive Covenants: Some Common Questions

Winter 2002, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Legal Q/A -- Where To Do Battle: Arbitration or the Courts?

December 2002, Onondaga County Medical Society Bulletin

Legal Q/A -- We are a small group practice exploring the possibility of sharing a lab with a solo practitioner in our building. Can we legally do that?

June 2002, Onondaga County Medical Society Bulletin

Can We Share? Sharing Ancillary Service Facilities Under the Self Referral Laws

Spring 2002, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Legal Q/A -- One of our HMO's has asked to audit claims that we submitted and paid over a year ago. What rights do we have? Can our medical group charge an administrative fee to a patient for the collection of the patients co-payment fee that was charged at the time of delivery of service which was not paid?

March 2002, Onondaga County Medical Society Bulletin

Dealing with the Disabled Physician: It Could Be You

Winter 2001, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Legal Q/A -- Would our group practice violate the Medicare rules if we charge our self-pay patients less than Medicare reimbursement rates?

September 2001, Onondaga County Medical Society Bulletin

HIPAA Basics: An Overview of HIPAA Privacy

Summer 2001, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Stark II Final Regulations - Phase I 10 Things You Should Know

June 2001, Onondaga County Medical Society Bulletin

Seven Things You Should Know About The Stark Law

Spring 2000, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Preliminary Guidance From the OIG To Individual Physicians and Small Group Practices

Winter 1999, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Provider Self-Disclosure Protocol

Fall 1999, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Let The Sun Shine In: The IRS Provides Teeth To Tax-Exempt Organization Disclosure Requirements

Summer 1999, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Internal Audits and Compliance Plans: Are These Something You Should Do?

Spring 1999, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Group Practice Mergers: The Top Ten List

Winter 1998, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

New Patient Protections in New York State: External Appeals of Denials of Coverage

Fall 1998, The Bulletin (5-Countyy Medical Society)

Is the Department of Health Splitting Hairs About Splitting Fees?

Winter 1997, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Are Unions Really an Option for Physicians?

Summer 1997, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

The IRS Intermediate Sanctions Rules: The End of Sweetheart Deals?

Spring 1997, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Civil Bounty Hunters: Qui Tam Actions Under the Federal False Claims Act

Aug/Sep 1995, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Please Don't Shoot the Messenger: Antitrust Concerns in Physicians Networks

June/July 1995, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)

Testing the Waters: Transitional Integration Models for Physicians

April/May 1995, The Bulletin (The Medical Societies of Oneida, Herkimer, Madison, Chenango and Oswego Counties)