September 1, 2003 Legislation

JCAHO

HIPAA

Texas Malpractice

ACGME

Barnes Jewish Hospital Cited

Texas Physician License Revocation

JCAHO

For those of you who have been following the weird story of Washington DC's Southeast Hospital, it just got weirder.  After being warned many months ago by JCAHO that they would lose their accreditation and not losing it.  Then there was the months of haggling with the DC Health Department about losing their license and working out a several month solution.  The next week JCAHO finally gets off their ennui and yanks Southeast's accreditation.  This followed an appeal by the organization of the revocation of accreditation in June.  The Joint works in mysterious and strange ways.  I must give them credit for finally bucking politics and doing the right thing.  This is rare for them.    However, the hospital has bypassed the Joint and has gotten the Department of Health to inspect them.  They keep their ability to bill Medicare and Medicaid.  Some of the minor players may drop the hospital since it is no longer JCAHO accredited.  This is short sighted on the insurers part.

The Joint will continue to pile on requirements to their hospitals.  Now they will require three instead of two core measurements.  They state it is for the hospitals benefit.  They will sooner or later drive the hospitals away from their accreditation and to the more user friendly AOA or the State Departments of Health. 

One of the new requirements that the Joint is considering is the criteria for lung reduction surgery, which was just approved by CMS.  I have not a clue what business the criteria is of the Joint except one more thing they may regulate and more importantly charge for.  The Joint has only the mission of accrediting hospitals for Medicare and Medical Conditions of Participation, not all the extraneous things they pile on the hospitals. 

They are truly a money making organization.  They keep coming out with new books or other gimmicks to pass their inspections. The newest is a CD-ROM on how to prepare everyone in the hospital for the new inspection process.  This is on sale for only costs $134.10,  a savings of $14.90.  Rush right out and buy more and save more.      Top

HIPAA

The DHHS has issued a guidance on the interplay between HIPAA and the IRBs.  If an IRB give appropriate waivers then private health information may be provided for research without patient authorization.  The web site to look at is http://privacyruleandresearch.nih.gov
/irbandprivacyrule.asp
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Texas Malpractice

On September 13, 2003, Texas will vote on Proposition 12.  This would cap the payments for pain and suffering (non-economic) injuries.  The Houston Chronicle is attempting to influence the election by running a series of articles for their sensational value and not for their newsworthiness.  If the remaining articles are like the first one, they should be confined to the opinion page.

The second article focuses on the Rio Grande area and the loss of physicians and services in the area due to the state's "jackpot justice" malpractice system.          Top

ACGME

The Accreditation Council for Graduate Medical Education  (ACGME) has uncertified John Hopkins for working their residents more than the law allows.  The rule is that the residents must not work more than 80 hours per week and no shift may be more than 24 hours. The residents may not be on call (averaging is not allowed) more than every third night every 30 days. The University has already begun to make the necessary changes.

The organization also withdrew its accreditation of King/Drew in Los Angeles, California.  This was for taking more residents into the surgical program than what was allowed by the Council.         Top

Barnes-Jewish Hospital Cited

This St. Louis hospital was cited by the state for delays in placing patients on monitors.  This caused immediate jeopardy to patients.  The state cited the hospital earlier in the year and have re-inspected the hospital and found it back into compliance.  The original citation came after a complaint by a patient to CMS.  The problem was either lack of equipment or staff.          Top

Texas Physician License Revocation

The poster boy for the worst medical board in the country has finally been curtailed.  The Texas Medical Board, known for their overzealous persecution of reasonable physicians and non-prosecution of bad physicians, finally got one right.  Dr. Eric Heston Scheffey, an Orthopedic Surgeon in Houston, Texas finally got his license suspended, but not lifted.  He has been sued for malpractice at least 78 times and has paid over $13 million dollars in restitution to patients.  He had been placed on suspension three times in the past.          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.