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Healthcare Regulations

Tenn. law would allow physician non-competes

A new law that would allow providers to include non-compete clauses in some physician contract is making headway in Tennessee. The bill, which applies to podiatrists, chiropractors, dentists, medicine and surgery doctors, optometrists and psychologists, would let providers bar doctors from practicing within a 10-mile radius of a practice where they'd once been employed--or within 10 miles of any facility where the provider offers services. (The last clause clearly attempts discourage the …

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Feds accuse device makers of "buying" doctors

The largest U.S. makers of artificial knees and hips are facing an investigation by federal prosecutors, who say that the companies illegally paid off surgeons with vacations, gifts and no-show consulting jobs in an effort to win their business. Manufacturers targeted include Johnson & Johnson subsidiary DePuy Orthopaedics, Zimmer Holdings, Biomet, Stryker and Smith & Nephew. Federal prosecutors suggest that such payments constitute a kickback, as they're provided solely to buy …

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Bill would limit forced overtime for nurses

Rep. Pete Stark (D-CA), whose career has been marked by his willingness to regulate healthcare, is hoping to make yet another mark. This time, Stark has filed a new bill which would set limits on the use of forced overtime by nurses. The bill, the Safe Nursing and Patient Care Act, is endorsed by the American Nurses Association, as well as labor groups like the SEIU and AFL-CIO. Under the terms of the bill, which is co-sponsored by Rep. Steven LaTourette (R-OH), facilities could only …

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Wisc. hospitals may offer big uninsured discounts

With hospital industry pricing policies under increasing pressure, the Wisconsin Hospital Association has taken the bull by the horns. The hospital trade group is now recommending that uninsured patients automatically receive fee discounts similar to those enjoyed by managed care plans. The group is also suggesting that members work harder to let the uninsured know about charity care and financial assistance options.

WHA's recommendations aren't being made in a vacuum. Not only do …

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In California, EMT-related complaints go unresolved

To most consumers, emergency medical technicians are heroes, the fast-thinking, on-the-spot pros who can be counted on to make sure their injuries don't get worse. In many situations, that may be the case, but what about when an EMT or paramedic lets patients get hurt unnecessarily, uses drugs or neglects their duties? In California, it seems, officials may never find out. And even if they do find out, there may be little they can do about it.

As it turns out, California doesn't …

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NH ban on prescription data use overturned

A federal judge has struck down a landmark New Hampshire law banning the use of physician-specific prescription data. The judge held that the 2006 ban, the first in the United States, violated commercial free speech. The decision is a major win for the pharmaceutical industry, which relies heavily on prescriber data to target its physician marketing efforts. The reversal was …

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Bill would block payments to MDs late on taxes

A new federal measure--sure to take some heat from lobbying groups--would allow Medicare to withhold payments from physicians and other providers who haven't paid federal taxes. The proposal follows a federal investigation which concluded that 21,000 providers owed $1.3 billion in back taxes just for the first nine months of 2005. Meanwhile, these providers were still receiving Medicare payments. The bill was introduced by Sens. Norm Coleman (R-MN) and Carl Levin (D-MI), who are ranking …

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CT keeps disclosure pressure on Medicaid HMOs

Connecticut legislators continue to debate a measure which would force the state's Medicaid HMOs to share more information on rates and services, though the bill has been watered down since it was filed. The Medicaid HMOs have fought this measure every step of the way, arguing that these data points are trade secrets. And they seem to be having some success: while the original bill would have defined HMO contracts with the state as subject to freedom of information laws, making …

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Hospice program monitoring falls far behind

In some states, it's been a very long time since Medicare hospice programs got a checkup. An new investigation by the HHS inspector general's office (IG) has found that a substantial number of programs hadn't been reviewed by state inspectors in as long as nine years. California, Illinois and Michigan accounted for 41 percent of the past-due certifications. In all, Medicare payments to hospices which hadn't been inspected recently averaged $2.7 million each during 2004, the IG's office …

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Medicare hospitals must offer emergency services

CMS is putting its foot down when it comes to emergency care. New guidance from CMS says that like it or not, the majority of hospitals who accept Medicare must provide emergency services. The only hospitals exempt from offering initial treatment and transfers are small, rural hospitals. Otherwise, even facilities such as specialty hospitals must fall into line, even if they don't have emergency departments. Before getting this feedback, some hospitals have relied on the crude expedient …

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