Tag Archives: hospital

Breaching Physician Doubles Down on His Debt

By Robert M. Wolin on September 1, 2017 Posted in Uncategorized

In drafting recruitment agreements, providers should separate the employment agreement from the other agreements to help diffuse breach of employment agreement arguments as a defense to the repayment of recruitment advances. Dr. Robert Halterman entered into a recruitment agreement (Recruitment Agreement), a promissory note (Note) and a physician employment agreement (Employment Agreement) with Johnson Regional … Continue Reading

Darwinian Insurance

By Robert M. Wolin on April 27, 2017 Posted in Uncategorized

This case demonstrates the need for providers to know and follow the notification provisions set forth in their insurance policies in order to avoid an inadvertent loss of coverage. Once again, the terms of a hospital’s insurance policy coverage have evolved to a hospital’s detriment. Darwin National Assurance provided first-layer excess liability coverage to a … Continue Reading

HHS Ordered To Eliminate Medicare Appeals Backlog By 2021

By Kevin Bradberry on January 25, 2017 Posted in Uncategorized

On January 4, 2017, the U.S. District Court for the District of Columbia rejected a request by the Secretary of HHS asking the court to reconsider its decision that requires HHS to eliminate the backlog of Medicare claims appeals pending at the Office of Medicare Hearings and Appeals (OMHA) by 2021. While “not unsympathetic to [the … Continue Reading

I’ll Gladly Pay You 10 Years From Today for Care Already Provided

By Robert M. Wolin on April 14, 2016 Posted in Uncategorized

Most providers whose claims have been determined to be improper by the Recovery Audit Contractors (RACs) under the Medicare Recovery Audit Program have discovered that the appeals backlog “is incontrovertibly grotesque.” Two Courts of Appeals have recently acknowledged that the Office of Medicare Hearings and Appeals (OMHA) has a 10-year backlog of more than 800,000 … Continue Reading