October 15, 2006  Legislation

Healthcare

Licensing

Electronic Health Records

Healthcare

The People's Republic of Massachusetts forgot something in its mandatory healthcare proposal, children.  The parents can purchase coverage via Medicaid but that wasn't the idea.  The People's legislature has been asked to make a "technical change" to include children in their new law.    

New York State has received a grant of $1.5 Billion from the feds.  In return the state must close underutilized hospitals, step up its recoupment of Medicaid fraud money and move more people into Medicaid HMOs.  They also have to get people to go to emergent care centers instead of EDs.  There are 16 requirements in all.  The reason for this is unlike almost all other states New York is not only losing population but also their healthcare health industry is shrinking.  If the state does not fulfill all its requirements the $1.5 Billion grant would be no more.      Top

Licensing

A chiropractor has been charged with med mal when he charged $60 per hour to cure people of their pain telepathically.  Dr. James Burda of Athens, Ohio, claimed to back in time to the accident or pain date and do a realignment to relieve the pain.  The person gave up his license.        Top

Electronic Health Records

Effective October 10, 2006, physicians may receive gifts of Electronic Health Record software along with training from hospitals and health plans.  This new edict from the HHS is an exception to the antiquated Stark laws. Hardware is excluded.  The physician may have to pay 15% of the cost of the EHR software.  The software may or may not include electronic prescribing capability.  The software may also be used for billing and scheduling but these functions may not be the predominate use of the software.  The donation by the hospital must not tie the physician to the hospital.        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.