Physician Law Blog

http://physicianlaw.foxrothschild.com/

Recent Blog Posts

  • Proposed New Jersey Regulation would Restrict Pharma Gifts to Prescribers Gov. Christie’s Administration recently proposed a regulation to curtail the prescription of unnecessary opioid painkillers.  Christie, who serves as the Chairman of President Trump’s Commission on Combating Drug Addiction and the Opioid Crisis, expressed concern that treatment decisions of all prescribers (including physicians, dentists and advanced practice nurses) are being improperly influenced by pharmaceutical companies.  According to Christie’s press release, four out of every five new heroin users began by misusing prescription painkillers, and, in 2016, $69 million was paid... More
  • Pennsylvania Begins Physician Registration for Medical Marijuana As first reported on our sister blog, “In the Weeds” (post accessible here), on July 26, 2017, the Pennsylvania Department of Health opened its Medical Marijuana Practitioner Registry.  Physicians licensed in the Commonwealth of Pennsylvania may now apply online to register to certify the use of medical marijuana for their patients.  The online application may be completed here. Copyright: megaflopp / 123RF Stock Photo The Practitioner Registry will be publicly searchable and will include each practitioner’s name, business address, and medical credentials.  As noted in one of... More
  • CMS Predicts that Physicians participating in Advanced APMs in 2017 will receive a 5% Incentive Payment in 2019 Under CMS’s new Quality Payment Program, which will adjust Medicare Part B payments starting in 2019 based on data from this year, physicians and other eligible clinicians must qualify for one of two payment “tracks”, either the Merit-Based Incentive System (MIPS) or the Advanced Alternative Payment Model (Advanced APM) track.   A physician who qualifies under the MIPS in 2017 can earn up to a 4% payment adjustment to Medicare Part B payments in 2019.  Physicians who qualify under the Advanced APM track... More
  • Pennsylvania Department of Health Issues Final Physician Regulations for Medical Marijuana As previously reported on our Physician Law Blog (see our post here), the Pennsylvania Department of Health issued draft “temporary” regulations regarding physician registration and certification of medical marijuana on April 11, 2017.   Following a brief comment period, the Department finalized its “temporary” regulations in the June 3, 2017 issue of the PA Bulletin.  A copy of the final regulations can be viewed here. Copyright: megaflopp / 123RF Stock Photo The regulations are labeled “temporary” because they were adopted to implement PA’s... More
  • Pennsylvania Department of Health Issues New Physician Regulations for Medical Marijuana As first posted on our sister blog, “In The Weeds” (Fox Rothschild’s Cannabis Law Blog), the Pennsylvania Department of Health issued its long-awaited proposed temporary regulations regarding physicians on April 11, 2017.  A copy of the temporary regulations can be found here:  PA Temporary Physician Medical Marijuana Regulations The temporary regulations provide additional detail on the physician registration process, including the required four-hour training session regarding the legal use of medical marijuana and research on its effects, as well as the process... More
  • Physician Investment in Grower-Processors and Dispensaries of Medical Marijuana in Pennsylvania Until March 20, 2017, the Pennsylvania Department of Health (the “DOH”) will be accepting applications from companies seeking permits as Grower/Processors and/or Dispensaries of medical marijuana in Pennsylvania.  Among other things, these applications require that the applicant raise substantial funding.  To do so, certain applicants have been seeking investment from physicians.  If you receive such a request, we encourage you to consult with a knowledgeable attorney before contributing funds to or agreeing to purchase securities in such a company. It is important... More
  • Health Law Alert – Medicare Quality Payment Program We recently issued a Health Law Alert on the Medicare Quality Payment Program, focusing specifically on what physicians and their medical practices need to know to be in compliance with the Program in 2017.  The Alert may be accessed at this link: Fox Rothschild Health Law Alert – Medicare Quality Payment Program You may also view some of our recent posts on the Physician Law Blog for more information on the Medicare Quality Payment Program.  In short, compliance with the Program in 2017 can... More
  • Are You Ready for the New Medicare Quality Payment Program? (Part 2): Basics of the MIPS and How to Qualify in 2017 The Medicare incentive programs with which you and your medical practice are familiar will soon be no more.  As of January 1, 2017, these programs (including the Electronic Health Records (EHR) Meaningful Use Incentive Program, the Physician Quality Reporting System (PQRS), and the Physician Value-Based Modifier Program) will morph into the new Medicare Quality Payment Program (QPP).   The QPP will also include a fourth category of incentives entitled “Clinical Practice Improvement Activities”, which we discuss in more detail below. The purpose... More
  • Are You Ready for the New Medicare Quality Payment Program? (New Blog Series) You may have heard that a transformation of Medicare’s physician payment program is in the works.  However, you may not know that the structure of the new program, called the “Quality Payment Program”, has been finalized and will begin its first reporting year on January 1, 2017.  Now is the time for you and your practice to get up to speed on the new Quality Payment Program.  This post is the first in a new Blog Series that we will be publishing... More
  • King of Nursing Homes Sentenced to 2 Years in Prison and $786,000 in Repayments and Fines In March 2016, we covered the conviction of Dr. Venkateswara Kuchipudi for violating the federal anti-kickback statute by referring nursing home patients to Sacred Heart Hospital (in Chicago) in exchange for kickbacks. For a summary of the case, please see our post here: Nursing Home Fraud Scam Results in Conviction for King of Nursing Homes Dr. Kuchipudi was convicted of one count of conspiracy to defraud the United States and nine counts of illegally soliciting or receiving benefits in return for... More