Legal

New Law Broadens Authority of Advanced Practice Registered Nurses

Reacting to the current and predicted increased shortage of primary care physicians, the Ohio General Assembly enacted House Bill 216, signed by Governor Kasich on January 4, 2017, and effective April 7, 2017.

The new law modifies Ohio Revised Code, Chapter 4723 (Ohio’s Nurse Practice...


2016 Election Update Part Two*: The Rise and Fall of The American Health Care Act of 2017

On March 20, 2017, Republicans proposed the American Health Care Act of 2017 (AHCA). The bill focused on reallocating funding to reduce healthcare costs for patients. The major proposals included:

Repealing the penalties associated with the individual and large employer mandates for minimum...

Ohio’s Medical Marijuana Law Progresses, but Are Physicians Willing to Recommend?

In the face of Ohio’s opioid epidemic that leads the nation in fatal heroin overdoses — an ironic byproduct of addiction to prescription painkillers — does medical marijuana provide a viable alternative for physicians to manage intractable pain and other Qualifying Medical Conditions? The issue...


Ohio’s Medical Marijuana Law Leaves Doctors Hungry for More Information

On September 8, 2016, Ohio became the 25th state to legalize a comprehensive medical cannabis (medical marijuana) program, perhaps in part to combat the opioid epidemic by offering relief to those suffering from intractable pain caused by a number of recognized medical conditions. Ohio’s Medical...


Dramatic Proposed Changes to Impact Estate and Gift Tax Planning

Individual taxpayers should examine their estate now before changes are made that affect gift and estate taxes.

While most taxpayers are spending the summer focused on economic developments associated with the market, foreign affairs, or election year developments closer to home, high...


A Checklist for MACRA

Last year, the Medicare Access and CHIP Reauthorization Act (MACRA) eliminated Medicare’s SGR formula and required Medicare, beginning in 2019, to provide value-based reimbursement to physicians. MACRA represents a big step away from traditional Medicare fee-for-service. (In the meantime, the...


Notice to Patients of Terminating Physicians

As all medical groups and practices battle some level of turnover with their physicians, it is important for any departing physician, and his or her employer, to know what obligations they have to notify patients of the departure. Ohio Revised Code § 4731.228 (the “Code”) states that health care entities are required to provide notice to a physician’s patient when that physician has been terminated. Under this section, “termination” means the end of a physician’s employment with a health care entity, for any reason.


Dismantling the Booby Trap

Federal Judge Albert Diaz observed, “It seems as if even for well-intentioned healthcare providers, the Stark Law has become a booby trap rigged with strict liability and potentially ruinous exposure …”


Medical Malpractice

It may seem obvious that certain medical specialties are sued more often than others (think neurosurgery vs. rhinology). However, there are also physician behaviors that can result in a higher claims rate, according to a recent study reported by The New England Journal of Medicine.


The Medical Records War: What Does it Mean for Your Practice?

Most healthcare practitioners probably give little thought to what constitutes a medical record or where they keep patient records. When a patient requests his or her records, the staff copies the patient’s chart or prints out electronic records and provides them to the patient. However, a recent case decided by the Ohio Supreme Court demonstrates recent efforts by patients (and patients’ attorneys) to broaden the definition of “medical record” to obtain more ammunition for potential lawsuits.