Topic: Physician

CT Supreme Court Holds Hospital Vicariously Liable for Negligence of Surgical Resident

Following its 2016 decision in Cefaratti v. Aranow, where a hospital was held to be vicariously liable for the negligence of a non-employee physician who held hospital privileges, the Supreme Court of Connecticut recently decided that there was sufficient evidence to find a teaching hospital vicariously liable for the negligence of a surgical resident during…

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No Such Thing As A Free Lunch: A Compliance Warning on Lavish Entertainment and Bogus Educational Meetings

Health care practitioners should need no reminder that government authorities closely scrutinize practitioner relationships with the medical device and pharmaceutical industries. Reports of payments under the federal Physician Sunshine Act represent just one way the authorities become aware of payments to practitioners. Still, a recent settlement under the Anti-Kickback Statute concerning physician entertainment expenses is…

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CT Supreme Court: Patients Have Right to Sue Physicians for Unauthorized Disclosure of Confidential Medical Records

The Connecticut Supreme Court issued an opinion yesterday recognizing a common law duty of confidentiality arising from the physician-patient relationship and establishing a new private cause of action for breach of this duty. Connecticut now joins a number of states which allow patients to recover from physicians who disclose confidential medical information without authorization. Byrne…

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Telehealth Opportunities Worth Watching in 2018

Continued physician shortages, reduced reimbursement from government and private insurance plans and the ever-increasing health care needs of an aging population are forcing payors and providers alike to increase the utilization of telehealth services to improve access and maintain the affordability of care. As 2017 draws to a close, Connecticut providers should be aware of…

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Connecticut Court Declines to Apply Physician Non-Compete Statute Retroactively

A Connecticut superior court recently held that Connecticut’s statute limiting the noncompetition agreements by which Connecticut physicians may be bound, may not be applied retroactively. In the 2016 legislative session, the Connecticut legislature enacted Section 20-14p, which provides, among other things, that a non-competition agreement with a physician may not restrict the physician’s activities for…

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Thinking of Becoming a Concierge Practice? Some Legal Issues to Consider

Many primary care physicians are transitioning their practices to a “concierge” model, sometimes called “Direct Primary Care” or “Retainer” practice. In a concierge practice, patients pay a fixed annual or monthly fee to receive certain non-medical services in addition to the usual professional services rendered by physicians. Concierge services include such “extras” as same-day or…

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Home Health Agencies May Get More Time to Prepare for New Rules

The Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule that would delay the effective date of the revised Conditions of Participation (CoP) for home health agencies (HHAs) from July 13, 2017 until January 13, 2018. If finalized, the new effective date would be welcome news for HHAs, many of which reported…

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Connecticut Certificate of Need Bill Advances After Spirited Debate and Some (But Possibly Not All) Amendments

As reported in our last post, the General Assembly’s Joint Committee on Public Health took up Senate Bill No. 795, An Act Establishing the Office of Health Strategy and Improving the Certificate of Need Program. At a packed hearing on March 20, 2017, the Committee heard from nearly 40 interested parties who submitted written statements…

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Are Big Changes Looming for Connecticut’s CON Law?

Health care providers both inside and outside of Connecticut will have their eyes trained on the General Assembly’s Joint Committee on Public Health next week when it takes up Governor’s Bill No. 795, An Act Establishing the Office of Health Care Strategy and Improving the Certificate of Need Program. The Bill represents the culmination of…

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Connecticut CON Task Force Issues Final Report

A major purpose of the Certificate of Need (“CON”) Task Force established by Governor Malloy last February was to deliver recommendations on how to improve the existing CON program in light of the evolving health care industry and changing market conditions. On January 13, 2017, after eight months of meetings, the Task Force issued a…

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