In the last 4 months, there have occurred a number of important changes and developments in both state and federal healthcare laws. This article will highlight 8 of these laws that have the potential immediately to impact physicians and their practices. 

 

1. Physicians May Now Charge More for Copying Medical Records. Effective July 1, 2010, for patient records not involving workers' compensation cases, physicians may now charge up to $20 for the first five pages, fifty (50) cents for each additional page, and actual mailing costs. Previously, physicians were limited to $20 for the first 40 pages and twenty-five (25) cents per page thereafter.

 

2. Physician Non-Compete Change.  Due to recent changes in the TN non-compete statute, a non-compete restriction on a physician who has been employed by or under contract with a group practice for at least 6 years will not be binding unless the parties enter into a new written agreement to extend the non-compete restriction for a period not to exceed an additional 6 years. Physicians who are owners of group practices often have non-compete restrictions in their shareholders', operating, or employment agreements that may need to be revisited in light of this law.

 

3. Doctor Shopping Statute.  Tennessee's "doctor shopping" statute has been amended to remove felony liability for physicians who fail to report to law enforcement their knowledge that a patient is "doctor shopping" for controlled substances.  Now, physicians generally are subject only to civil penalties imposed by the TN Board of Medical Examiners for patterns of willful failure to report.

 

4. Another Delay of the Red Flag Rules.  The FTC is delaying enforcement of the "Red Flag" rules through December 31, 2010 while Congress considers whether to exempt physicians from the rules.

 

5. Disclosures for CT, MRI, and PET. Physician group practices that own CT, MRI, or PET imaging equipment must inform patients in writing at the time of referral for the tests that the services may be obtained from someone other than the group practice and must provide patients with a written list of the names, addresses, phone numbers, and distances of suppliers in a 25-mile radius of the clinics that offer the same imaging services.

 

6. Ordering and Referring DME and Home Health Services.  Suppliers and providers of DME and HHS may only receive reimbursement for such items and services where they were ordered by a physician or eligible professional that has an approved Medicare enrollment record, or a valid Medicare opt out record, in PECOS. The claims must include the name and NPI of the ordering physician.

 

7. Anatomic Pathology Billing Restrictions. Effective July 1, 2010, a new Tennessee statute expands the existing restrictions on billing and reimbursement for cytopathology to apply to billing for all anatomic pathology services, and it introduces an anti-markup provision applicable to anatomic pathology services.

 

8. Colby Stansberry Act.  Pursuant to this new TN law, physicians must maintain a written policy to protect the dignity of patients (including deceased and incapacitated patients) by limiting the use and disclosure of health information that is intended to be used for medical educational purposes. The written policy must include policies regarding written authorizations.