Friday, April 28, 2017

CMA

Index to CMA’s Health Law Library

CMA’s online health law library contains over 4,500 pages of CMA ON-CALL documents and valuable information for physicians and their staff. Access to the library is free to members — click here. Nonmembers can purchase documents for $2 per page.

Table of Contents

ADA / Discrimination
6002: Disabled Patients Provision of Healthcare Services
6001: Disabled Physicians and Employees
6003: Language Interpreters
6004: Patient Access to Physician Offices Facilities Barrier Removal and New Construction
6005: Sign Language Interpreters
6000: The ADA Rehabilitation Acts General Requirements and Defenses

TOP

Adverse Events
3600: Medical Error and Adverse Event Reporting: Voluntary Systems and Reporting
3602: Medical Error and Adverse Events Mandatory Systems and Reporting
3601: Medical Error and Adverse Events: Transformation Through a Fair and Just Culture
3603: Vaccines, Drugs, and Devices Reporting Adverse Events

TOP

Advertising
0100: Accessing Patients: Marketing and Other Steps Physicians Can Take
0101: Advertising by Allied Health Professionals
0103: Medical Referral Services
0102: Physician Advertising
0105: Workers’ Compensation Advertising

TOP

AIDS / HIV
4253: Confidentiality of HIV/AIDS Information
3116: Consent for HIV Test
6006: Discrimination HIV-infected Patients
6007: Goals and Recommendations of State and Federal HIV/AIDS Programs
5112: HIV-infected Physicians

TOP

Allied Health Professionals
3000: Allied Health Professional Relationships Business Issues
3001: Allied Health Professional Relationships Liability Issues
3002: Alternative and Complementary Healthcare Practitioners
3003: Medical Assistants
3004: Naturopathic Doctors
3005: Nurses
3006: Optometrists
3007: Physician Assistants
3008: Speech-Language Pathologists and Audiologists

TOP

Ancillary Services
3700: Clinical Trials
3701: Cosmetic Procedures
3702: Liposuction
3703: Physicians Selling Vitamins, Dietary Supplements, and Other Items Not Requiring a Prescription
3704: Tissue Banks

TOP

Antitrust
1002: Physicians and Unions
1001: The Antitrust Laws: Analysis of Physician Group Mergers
1000: The Antitrust Laws: What Physicians Can Do

TOP

Business Prohibitions/Disclosure
0200: Corporate Practice of Medicine Bar
0202: Corporate Practice of Medicine Bar Decision-making Authority for Integrated Entities Criteria
0201: Disclosure Requirements — State and Federal
0203: Physician Ownership, Employment, and Business Prohibitions

TOP

Clinical Laboratories
5301: Clinical Laboratories Certification, Licensure
5300: Clinical Laboratories Disclosure, Payment, Billing, Record Retention, and Storage
5302: Clinical Laboratories Self-referral and Fee-splitting Prohibitions

TOP

Consent
3112: Cancer Information Requirements
3111: Consent for Blood Transfusions
3113: Dimethyl Sulfoxide (DMSO)
3110: Exposed Healthcare Workers Testing Patients Blood
3106: Format for Informed Consent Forms
3102: Incompetent Patients Determining Capacity to Give Consent and Who Consents if the Patient Lacks Capacity
3100: Informed Consent
3104: Informed Consent Choosing Surrogates
3101: Informed Consent Exceptions Emergencies, Therapeutic Privilege, and Patient Requests Not to Be Informed
3103: Informed Consent Inpatient Procedures
3105: Informed Consent: Long-term Care Facilities
3109: Mental Health 5150 Holds 72-hour Detention
3107: Minor Consent
3108: Use of Restraints and Seclusion
3114: Vaccine Administration Mandated Information

TOP

Death / Organ Donation
3400: Autopsies
3401: Organ and Tissue Donations
3402: Pronouncement of Death and Death Certificates
3403: Pronouncement of Death Diagnosis of Death by Neurologic Criteria

TOP

Decisions Regarding Life-sustaining Treatment
3458: CMA Model Policy: Responding to Requests for Non-beneficial Treatment
3454: Decision Regarding Life-sustaining Treatment the Patient Self-determination Act and Joint Commission
3451: Decisions Regarding Life-sustaining Treatment Advance Directives and POLST
3450: Decisions Regarding Life-sustaining Treatment for Patients Without Advance Directive or POLST
3453: Decisions Regarding Resuscitative Measures DNR Requests and Orders and Cardiopulmonary Resuscitation
3452: Documenting Decisions Regarding Life-sustaining Treatment
3455: Physician-assisted Suicide
3456: Responding to Requests for Non-beneficial Treatment

TOP

Drug Prescribing / Dispensing
3200: Controlled Substances Dispensing
3201: Controlled Substances Prescribing
3208: Drug Compounding
3203: Drug Dispensing (Not Schedule II–V Drugs)
3204: Drug Formularies, Prescription Drug Benefit Plans, and Pharmacy Benefit Managers
3205: Drug Prescribing (Not Schedule II–V Drugs)
3206: Drug Prescribing Drugs From Other Countries
3202: Drug Prescribing: Unauthorized
3207: E-prescribing
3210: Pain Management
3209: The Compassionate Use Act of 1996 the Medical Marijuana Initiative

TOP

Drug Testing
6100: Employer Obligations Regarding Drug and Alcohol Use in the Workplace
6101: Medical Staff Drug and Alcohol Testing Programs
6102: Physician Obligations Regarding Drug or Alcohol Testing

TOP

E-medicine
4305: EHR Meaningful Use Stage 2
0404: Electronic Funds Transfer (EFT)
4300: Electronic Health Records
4303: Electronic Health Records (EHRs): Selecting the Right EHR System for Your Practice
4301: Electronic Health Records: Federal Incentive Program
0400: Electronic Signatures
4304: Federal Electronic Health Record (EHR) Incentives: Reassignment of Incentive Payments
4302: Meaningful Use of Electronic Health Records (EHRs)
0401: Online Consumer Review and Rating Sites
0402: Physician Websites, Internet Advice, and Email
0403: Physicians and the Use of Social Media
3301: Physicians Use of Mobile Devices and Cloud Computing
3300: Telemedicine

TOP

Emergency Transfer
5000: Emergency Transfer Laws
5001: Emergency Transfer Laws Medical Staff and On-call Requirements
5002: Payment to Secure Availability of On-call Coverage
5003: Reducing Restructuring On-call Coverage Requirements

TOP

Expert Witness Issues
0500: Expert Witness Guidelines
0501: Expert Witness Issues

TOP

Fraud and Abuse
1100: Advice of Counsel Defense
1101: Criminal Convictions — Collateral Consequences
1102: Federal Criminal Investigations Prosecutions
1103: Fraud and Abuse (Federal and California Law)
1105: Medicare OIG Investigations
1106: The Medicare Recovery Audit Contractor Program
1104: Who’s Got Your Number? How Physicians Become the Victims

TOP

Fraud and Abuse: Referral Issues
1158: Federal Self-referral Prohibitions Requirements Summary of CMS Stark II Phase I and II Regulations
1150: Gifts and Free Services (Including Promotional Items)
1152: Kickbacks and Fee-splitting — Other Laws Used to Deter Payments for Referrals
1157: Physician-Hospital Compensation Arrangements and the Potential for Improper Referrals
0104: Practice Promotion through Third-party Coupons
01153: Professional Courtesy
1151: Prohibitions Against Kickbacks and Fee-splitting
1154: Referring Patients if the Practice Is Not Prohibited Altogether: Is It Safe From Anti-kickback Prosecution
1155: Safe Harbors (Medicare)
1156: Self-referral Prohibitions (Federal and California)

TOP

Managed Care
1010: Adding New Doctors to Panel
7000: Coverage Requirements Pre-existing Condition Exclusions
7001: Disclosure by Managed Care Plans (and Their Contracting Medical Groups IPAs)
7002: Managed Care Glossary
7003: Office Audits Managed Care
7004: Patient Complaints About Managed Care Plans
7005: Physician Complaints About Managed Care Plans
7006: Point-of-service Plans
7007: Retaliation by Managed Care Plans or Others

TOP

Managed Care: Contract Termination/Exclusion
7050: All Products Affiliates Clauses
1705: CMA Contract Analysis Service
7051: Contract Termination by Physicians and Continuity of Care Provisions
7054: Contract Termination Exclusion Legal Challenges (Non-antitrust)
7053: Contract Termination or Exclusion Action Plan for Physicians
7052: Exclusion or Termination of Physicians Antitrust Challenges
7055: Exclusivity Provisions and Membership Requirements in Contracts, Including Most-favored-nation Claus
7056: Failure to Receive Plan Referrals
7057: Managed Care Contractual Protections

TOP

Managed Care: Risk Arrangements
7100: Capitation, Including Risk Adjustment
7104: Pay for Performance
7102: Risk Bearing Medical Groups, Including IPAs Regulation of Solvency
7101: State and Federal Laws on Financial Incentive Arrangements
7103: Value-based Purchasing

TOP

Managed Care: Utilization Review and Management
7150: Access to Physicians
7151: Clinical Guidelines
7152: Denials of Necessary Medical Services
7153: Disease Management Organizations
7161: Formation and Use of Utilization Profiles
7154: Hospital Stay and Discharge Requirements
7155: Independent External Medical Review
7156: Medical Directors Utilization Review and the Practice of Medicine
7162: Penalties for Failure to Follow Utilization Review Procedures
7157: Physician Specific Outcome Reporting
7158: Primary Care Physicians and Direct Access to OB-GYNs
7159: Second Opinions
7160: Telephone Medical Advice

TOP

Medical Board: Discipline and Licensing
0790: Grounds for Medical Board Discipline
0708: MBC Enforcement Authority
0717: MBC Public Disclosure Program
0705: Medical Board Investigations
0838: Sexual Relations With Patients: Sexual Misconduct
0720: U.S. Medical Licensing Agencies

TOP

Medical Board: Reporting to
1415: MBC and NPDB Reporting Disciplinary Actions
1414: MBC and NPDB Reporting Malpractice Payments
1406: MBC and NPDB-HIPDB Reports Self-query, Disputing, and Correcting Information
1408: MBC Other Reporting Requirements (Not Malpractice or Discipline)
1405: NPDB and HIPDB Overview

TOP

Medical Practice: Employment Issues
0213: CMA Model Employment Contract
0107: Covering Physicians (Locum Tenens)
1308: Employer Poster Requirements
0224: Ethical Guidelines for Employer and Employee Physicians
0216: Family and Medical Leave
0225: Independent contractors
0232: New-hire Reporting Requirement
0217: Overview of Select Physician Practice Employment Issues
0233: Pre-employment Inquiries
0250: Retirement Notice
0235: Wage and Hour Laws
0229: Whistleblower Protections for Employees

TOP

Medical Practice: Groups, IPAs, MSOs
0207: ADR in Physician Contracts
0208: Applicability of Sales and Use Tax on Physicians
0209: Capital Resources for Physicians
0204: CMA Principles and Guidance Regarding ACOs
0239: Governance Issues for Physician Organizations
0201: Legal and Practical Considerations Concerning Accountable Care Organizations (ACOs)
0218: Legal and Practical Considerations Concerning Medical Foundations
0231: Management Services Organizations (MSOs) and Physician Practice Management Companies (PPMs)
0254: Medical Foundation: CMA Principles and Guidance
0228: Medical Group How to Form
0230: Medical Partnerships and Corporations
0200: Medical Practice Options Overview
0219: Physician Rights Medical Groups and IPAs
0221: Practice Consultant How to Hire
0222: Practice Consultant Sample Agreement and RFP
0256: Selling Your Practice to an Integrated Delivery System
0227: Specialty IPA How to Form

TOP

Medical Records: HIPAA
1602: Business Associate Agreements
1603: HIPAA ACT SMART Introduction to the HIPAA Privacy Rules
1606: HIPAA Electronic Transaction Rule
1600: HIPAA Overview
1607: HIPAA Security Rule
1608: National Provider Identification Numbers
1604: Spanish Notice of Privacy Practices

TOP

Medical Records: Management
1122: Accounting of Disclosures
1135: Contents of Medical Records
1146: Fax Machines and the Medical Office
1125: Medical Records Allowable Copying Charges
1100: Medical Records Most Commonly Asked Questions
1160: Retention of Medical Records
1144: Security Breach of Health Information

TOP

Medical Records: Requests for Access
1127: Attorney Pre-litigation Request for Medical Information
1145: Employer Access to Medical Records Employment Physicals
1170: Health Plan Access to Medical Records
1148: Medi-Cal and Medicare Investigators’ Access to Medical Records
4205: Patient Access to Medical Records
1155: QIO Access to Physician Office Charts
1101: Request by Other Third Parties CMIA, IIPPA, and the HIPAA Privacy Rules
1147: Requests by Law Enforcement Search Warrants
1180: Subpoenas Guide for Responding

TOP

Medical Records: Special Confidentiality Requirements
1110: Confidentiality of Sensitive Medical Information
1187: Disclosure of Immunization Information
1175: Special Confidentiality Requests

TOP

Medical Staffs
1201: Allied Health Practitioners (AHPs) in the Hospital
1241: Disruptive Behavior Involving Members of the Medical Staff
1212: Economic Credentialing and Exclusive Contracts
1211: Exclusive Contracts
1240: Guidelines for Physician Wellbeing Committees Policies and Procedures
1248: Hospital Accreditation Organization Standards Concerning Medical Staff Self-governance
1219: Hospital Medical Staff Incorporation
1281: Legal Counsel for the Medical Staff Consistent or Conflicting Interests
1206: Medical Staff Bylaws a Binding Agreement to Protect Patient Care
1703: Medical Staff Bylaws Analysis Service
1207: Medical Staff Membership for Physician Excluded From Any Federally Funded Healthcare Program
1279: Medical Staff Relationship With Hospital Board (Governing Body)
1280: Medical Staff Self-governance Policy and Law
0837: Sexual Harassment in the Medical Staff Context
1250: Ten Strategies to Protect Quality Through Medical Staff Self-governance

TOP

Medicare and Medi-Cal
1026: Denials Under Medicare Managed Care
0626: Medi-Cal Audits
0625: Medicare Audits
0516: Medicare Drug Benefit (Medicare (Rx)
0152: Medicare Managed Care Medicare Advantage
0151: Medicare Participation (and Non-participation) Options
0147: Medicare Reassignment Rules
0640: Reasonable and Necessary Services Under the Medicare Program
0600: Resource Guide for Medicare Medi-Cal
0150: Side Agreements with Medi-Cal Patients

TOP

Miscellaneous Issues
1701: Asking for CMA Legal Assistance
0810: Disability Parking Certification
1350: Driving Laws Emergency Exemptions
1318: False or Misleading Health Product Advertising How to Report
1707: IMQ Continuing Medical Education-Certification Program for Physicians

TOP

Office Safety
1841: Accidents Investigating and Documenting
1842: Aerosol Transmissible Diseases
1805: Blood-borne Pathogens
1810: Cal-OSHA Compliance and Inspections
1827: Ergonomics
1815: Hazardous Substances Communication in the Workplace
1820: Hazardous Waste
1825: Injury and Illness Prevention Programs
1830: Medical Waste
1828: Occupational Injury and Illness Records Log 300
1807: Sharps and Safety Needles
1835: Tuberculosis Transmission
1840: Workplace Violence

TOP

Outpatient Facilities
1326: Ambulatory Care Accreditation Program
0214: Hospital Outpatient Clinics — Legal Considerations Impacting Physicians
1335: Mammography Facilities and X-rays
5402: Surgicenters and Other Outpatient Facilities

TOP

Peer Review
1420: Administrator and Board Access to Peer Review Files
1403: Assisting Physicians with Substance Abuse or Mental Health Problems
1205: Board Certification as a Requirement for Medical Staff Privileges
1430: Credentialing — Liability Releases, Indemnification
1431: Credentialing — Malpractice Claims and History
1407: Documentation of Peer Review Activities
1417: External Peer Review
1411: Guide to Physician Peer Review Hearings
1498: Ongoing Professional Practice Evaluation
1410: Peer Review — Fair Hearing Requirements
1425: Peer Review Protections — Executive Summary
1429: Privileging Low Volume Practitioners
1422: Proctoring
1435: Reporting Incompetent, Impaired, or Unethical Colleagues
1440: Sharing of Peer Review Information
1443: State Agency Requests for Peer Review Information
1445: Summary Suspensions

TOP

Physician-Patient Relationship
0818: Establishment of the Physician-Patient Relationship
0275: Patient Retention Restrictive Covenants
0819: Physician-Patient Communication
0805: Termination of the Physician-Patient Relationship

TOP

Professional Liability
0807: Arbitration of Medical Injury Claims
0800: Commonly Asked Questions About Professional Liability
0808: Countersuits (Malicious Prosecution)
0895: Elder and Dependent Adult Abuse Liability
0820: Good Samaritan and Other Immunities
0804: Malpractice Insurance Issues
0809: Malpractice, Manslaughter, or Murder
7008: Managed Care — Health Plan Liability
7009: Managed Care — Physician Malpractice Liability
0825: MICRA Information
0836: Punitive Damages
0832: Resolution of Claims With Medicare-eligible Claimants
0824: Responding to Unanticipated Outcomes in Patient Care
0870: Sexual Harassment of Patients or Employees
0803: What Happens When You’re Sued

TOP

Reimbursement: From HMOs and Other Private Payors
7500: Assignment of Benefits
0121: Authorization and Payment for Emergency Services
0106: Bankruptcy of IPAs or Health Plans
0114: Coordination of Benefits
0116: Coordination of Benefits Payment Below Medicare Allowable
0122: ERISA Plans
0129: Fee Schedules
0180: Health Plan Special Claims Review
0131: Insolvency of Health Plan, IPA, or Other Entities That Contract With Health Plans (Pre-bankruptcy or Closure)
0124: Late Payment
0130: Non-contracting Physicians Implied Contracts
0145: Payment Denial After Treatment Authorization or Verification of Eligibility
0146: Payment Denials by Managed Care Plans and IPAs
0135: Plan Requests for Refunds from Physicians
0185: Reimbursement for Immunizations and Other Injections
0108: RICO Settlements
1907: Silent PPO Action Guide

TOP

Reimbursement: From Patients
0110: Billing Patients
0120: Collecting From Deceased Patient’s Estate
0112: Collecting From Patients Extending Credit
0117: Concierge (Boutique) Practices
0118: Health Savings Accounts
1119: Red Flags Rule
0115: Waiver of Copayment

TOP

Reimbursement: Other Issues
0113: Charging for Form Completion
0111: Hiring a Billing Company
0125: Medical Liens
0123: Physician Access to Hospital, Laboratory, and Pharmacy Charges
0155: Small Claims Action to Recover Payment
0119: The Emergency Medical Services Fund and Federal Funds for Undocumented Alien Emergency Care
0160: Treatment of Relatives (or Oneself)

TOP

Reporting Abuse/Violence
1505: Child Abuse or Neglect
1510: Reporting Dependent Adult and Elder Abuse
1511: Reporting Domestic Violence
1520: Reporting Injuries by a Deadly Weapon, Criminal Act, Health Facility Neglect, or Emergency Department

TOP

Reporting Diseases, Conditions, and Events
1525: DMV Reports: Epilepsy, Lapses of Consciousness
1528: Occupational Illness and Injury
0845: Pandemic and Emergency Health Preparedness Act
1515: Psychiatric Inpatients Reporting Firearms Prohibition
1506: Reporting Communicable Diseases, Including Tuberculosis and Diseases Related to Bioterrorism
1527: Reporting Neonatal and Pediatric Disorders
1501: Requirements for Reporting Cancer and Parkinson’s Disease Cases
1503: Vital Statistic Reporting Birth and Marriage

TOP

Reproductive Issues
0401: Abortion Issues
0406: Infertility Treatment Consent Requirements
1313: Infertility Treatment Licensing and Disease Screening Requirements
0416: Informed Consent for Sterilization (and Hysterectomies)
1303: Tests of Pregnant Women, Newborns and Young Children

TOP

Warning Obligations
0815: Physician’s Duty to Warn
0816: Proposition 65 Warnings

TOP

Workers’ Compensation
1911: Basics of the Workers’ Compensation System
1915: Healthcare Organizations (HCOs)
1932: Medical Provider Networks
1925: Medical-Legal Evaluations, Reports, and Payment
1955: MPN Independent Medical Review
1945: Qualified Medical Evaluators (QMEs) Requirements and Responsibilities
1951: Spinal Surgery Second Opinion Process
1930: Treating Physicians Obligations and Reports
1929: Treating Physicians Payment for Treatment
1950: Utilization Review
1922: Workers’ Compensation Fraud Identifying, Reporting, and Responding to Suspected Fraud
1940: Workers’ Compensation Subpoenas

TOP

About          Leadership           Staff           Committees           Contact          Press           Advertise

COPYRIGHT (C) 2013 SDCMS  •  5575 Ruffin Road, Suite 250, San Diego, CA 92123  •  T: (858) 565-8888  •  F: (858) 569-1334  •  E: SDCMS@SDCMS.org

PRIVACY STATEMENT  •  TERMS OF USE

Twitter  Facebook  Youtube

Copyright (c) 2017 San Diego County Medical Society