What’s New this Week in Health Law

LATEST CASES

AGE DISCRIMINATION
Willis v. UPMC Children’s Hosp. of Pittsburgh
Civil Action No. 13-131 (W.D. Pa. Feb. 10, 2015)

AMERICANS WITH DISABILITIES ACT
Quinones v. Univ. of Puerto Rico
Civil No. 14-1331 (JAG) (D. P.R. Feb. 13, 2015)

DISCOVERY/PEER REVIEW
Ducharme v. Nova Cas. Co.
Civil Action No. 6:13-3108 (W.D. La. Feb. 10, 2015)

EMPLOYMENT AGREEMENT
Romney v. Franciscan Med. Grp.
No. 71625-5-I (Wash. Ct. App. Feb. 17, 2015)

EXHAUSTION OF ADMINISTRATIVE REMEDIES
Sood v. Graham
No. 13-1911 (Iowa Ct. App. Feb. 11, 2015)

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Hunt v. Macon Orthopaedic & Hand Ctr., P.A.
Civil Action No. 5:14–CV–298 (MTT) (M.D. Ga. Feb. 17, 2015)

 

YOUR GOVERNMENT AT WORK

CMS Issues a Q+A Document Regarding EMTALA and Ebola
On November 21, 2014, the Center for Medicare and Medicaid Services (“CMS”) issued Survey and Certification memorandum 15-10-Hospitals, which addressed Emergency Medical Treatment and Labor Act (“EMTALA”) requirements and implications related to Ebola Virus Disease.  After that memorandum was issued, CMS had received follow-up questions seeking clarification and details.  In response to those questions, CMS has produced a Q+A document, which CMS has attached to the February 13, 2015 Survey and Certification memorandum 15-24-Hospitals.

CMS Approves The Joint Commission’s Psychiatric Hospital Accreditation Program
On February 23, 2015, CMS issued a final notice announcing its continued approval of The Joint Commission (“TJC”) as a national accrediting organization for psychiatric hospitals that want to participate in the Medicare or Medicaid programs.  This approval is effective February 25, 2015 through February 25, 2019.

TJC Issues FAQs on LIPs
TJC issued two FAQs related to the credentialing of licensed independent practitioners (“LIP”).  The first FAQ addresses whether the verification of current licensure suffices for verification of education in lieu of performing primary source verification of education.  The second FAQ addresses whether LIPs must continue to request clinical responsibilities and receive written approval from TJC at least every two years.