Health Care Risk Management News

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Legal Archive

Legal Archive

Peer Review in Florida since Constitutional Amendment 7 Passed

Until better clarification occurs with Amendment 7 through the courts, please consider the following information that is a collection of ideas generated by various hospitals and attorneys over the past couple of months…

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Constitutional Amendment 7 Update – 04/21/2006

The First District Court of Appeal issued its ruling in the case of Notami (Lake City Medical Center) v. Bowen in which it upheld the lower court’s decision that Amendment 7 was self-executing, retroactive, and the implementing legislation was unconstitutional. This decision conflicts with the Fifth District Court of Appeals decision in Florida Hospital Waterman v Buster on the issue of retroactivity.

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Senate Finance Committee Examines Physician-Owned Specialty Hospitals

The Senate Finance Committee held a hearing Wednesday to explore issues related to physician-owned specialty hospitals. Committee Chairman Charles Grassley (R-IA) scheduled the hearing to follow a Medicare Payment Advisory Committee update in April that found that specialty hospitals had higher costs than community hospitals, provided less charity care, and contributed to an increase in heart operations in markets where heart hospitals opened.

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AAASC Files Antitrust Protection Brief with Supreme Court

The American Association of Ambulatory Surgery Centers (AAASC), along with the Outpatient Ophthalmic Surgery Society (OOSS), has filed a brief petitioning the U.S. Supreme Court to hear and overturn a decision in a Pennsylvania case that seemingly allows hospitals to take antitrust measures against ambulatory surgery centers (ASCs) with the ASCs lacking normal antitrust protections, according to a press release from the AAASC.

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Fight Between Two Doctor Groups Is Anything But Sedated

Money and expertise are at the heart of a fight between two medical groups over who should have access to a powerful drug. Doctors who treat digestive problems are petitioning the U.S. Food and Drug Administration to change the labeling on propofol, which is used to sedate patients during medical procedures.

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Failing to Follow Time-Out Policy Costs Anesthesiology Practice

St. Louis County jury recently awarded a patient who had arthroscopic surgery performed on the wrong knee $175,000 in a malpractice case against an anesthesiology practice, according to Missouri Lawyers Weekly. The surgery was incorrectly performed on the right knee despite black markings on the patient’s left knee to indicate the correct surgery site.

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