March 1, 2007  Legislation

Medicare

JCAHO

Certificate of Need

Malpractice

Medical Marijuana

Anatomical Gifts

HPV

Medicare

Medicare has issued performance standards for Independent Diagnostic Testing Facilities (IDTF).  The new standards are now in effect and have been since January 1, 2007.  There are 14 standards that must be maintained to bill Medicare.  These are routine things that all businesses should do.  The main things specific to IDTFs are not to solicit patients and accept only those referred by an attending treating physician or by an nonphysician practitioner as per Section 410.32(a)(3).  Also the IDTF must allow unannounced inspections.  One week after announcing these, CMS issued a one line notice that the above was rescinded.

Medicare is also starting to provide beneficiaries with information on physician performance.  This is under contract with Delmarva Foundation for Medical Care and its four regional systems.  These include Indiana Health Information Exchange, Massachusetts Health Quality Partners, Minnesota Community Measurement and Wisconsin Collaborative for Healthcare Quality. 

The Medicare Payment Advisory Commission will recommend how to change the physician payments.  As Part B is all outpatient care, physicians are lumped into this category and Medicare beneficiaries have to pay up to 20% of the costs.  If physician allowed charged go up then the amount that beneficiaries have to pay also goes up.  This is not good for the political party.  If the present cost cuts for physicians are kept, there will be more physicians dropping Medicare and therefore less access, also a political problem. What MedPac will recommend or what the Democrats will do will be a surprise.           Top 

JCAHO

The Joint has announced a new edict that is effective immediately.  Under the Nursing Standard NR.1.10 EP 6 "an identified nurse leader, at the executive level, assumes an active leadership role in the organization's governing body, management, organized medical staff and leaders in the organization's decision-making structures and processes."        Top

Certificate of Need

The North Carolina legislators are relooking at their state's antiquated CON process.  The cause is the unfairness of hospitals gaining CONs to build the same facilities as smaller private entities are denied.  This can be done by eliminating the system altogether or modifying it so its a level playing field.  Currently there is a rule that give preference to multi-specialty operations, including hospital, over others.  This needs to be removed.        Top

Malpractice

Another state is considering changing its med mal rules.  Hawaii is now considering a $250,000 to $500,000 cap on non-economic damages along with a limit on malpractice premiums.  The reason is the drain of physicians away from the state. 

It makes no difference if one is a community or a physician specialty hospital, stupid is as stupid does.  At the West Texas Hospital in Abilene, a specialty hospital, the had a patient get in trouble after elective surgery.  Instead of handling the problem internally which all hospitals should be able to do, they called 911 to have the patient transferred to the community hospital. The patient died.  Since they are obviously not qualified to care for all patients, they may lose their ability to bill Medicare.  They are submitting a corrective plan.      Top 

Medical Marijuana

California is going to raise its fees for their medical marijuana cards.  The annual fees will go from $13 to $142 plus county fees for regular people and from $6.50 to $71 for those on Medicaid plus county fees. This is the only source of money to fund the program. (See Recent News for more information)       Top

Anatomical Gifts

The Uniform Anatomical Gift Act was revised last year.  The new Act continues the idea that the donor must opt in to the program and is not automatically enrolled.  The new Act allows the donor's opt in to control and not be overridden by relatives.  In the past version if no donor opt in was present, only one negative vote of the next of kin was necessary to veto the whole anatomical gift.  Now majority rules.  There is now a priority of the gifts.  Transplantation and therapy take precedent over research and education.  There are many other changes and it would be wise to have all hospitals and physicians involved along with the procurement organizations read these new rules carefully.        Top

HPV

Since Texas has made the HPV shots mandatory, other states are either considering the same or at least making them free.  The latest two states to suggest free shots are the People's Republic of Massachusetts and New Mexico.        Top

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.