Publications
In October 2010, Harry Nelson and Vince Blackburn delivered this presentation on recent developments in Medicare and Medi-Cal investigations and enforcement, including a discussion of increased coordination and new initiatives.
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Harry Nelson co-authors an overview of the history and current regulations governing complementary and
alternative medicine (CAM), in this article published in Virtual Mentor: The
American Medical Association Journal of Ethics.
Beginning with Dent v. West Virginia in 1889, the article moves from the origins of licensure in the healthcare industry to an examination of the nuanced distinctions between certification, accreditation, and credentialing that govern the entire gamut of today's healthcare providers.
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"When
you use an outside billing company, you are putting the financial health of
your practice in another's hands. Here's how to make sure you're protected if
the company fails to perform"
This article is republished with permission from Southern California Physician's January 2007 issue. For more information about Southern California Physician go to www.lacmanet.org.
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Are You Protected From Corporate Practice of Medicine and Fee Splitting Prohibitions?
This article is republished from Aesthetic Trends and Technologies and features and interview Fenton Nelson attorney, Beth Kase.
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One of the byproducts of our appearance-oriented culture is the growing popularity of medical spas. New medical spas are opening continually, and physicians in various specialties are entering the field, yet many relevant legal issues draw little attention. These issues include Stark/anti-kickback laws, licensing, advertising, and supervision requirements.
This article is republished with permission from Southern California Physician's August 2005 issue. For more information about Southern California Physician go to www.lacmanet.org.
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Since the late 19th century, state legislatures and professional medical organizations have developed mechanisms to license physicians and other conventional nonphysician providers, establish standards of practice, and protect health care consumers by establishing standardized credentials as markers of competence. The popularity of complementary and alternative medical (CAM) therapies presents new challenges. This article describes the current status of, and central issues in, efforts to create models for health care credentialing of chiropractors, acupuncturists, naturopaths, massage therapists, and other CAM practitioners.
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Increasing use of complementary and alternative medical (CAM) therapies
by patients, health care providers, and institutions has made it imperative
that physicians consider their ethical obligations when recommending,
tolerating, or proscribing these therapies. The authors present a risk—benefit
framework that can be applied to determine the appropriateness of using CAM
therapies in various clinical scenarios.
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The long awaited decision of the California Supreme Court in the case of Potvin v.Metropolitan Life Insurance Company represents a great victory for
physicians and their patients. The case of the late Louis Potvin, M.D., Orange
County OB/GYN and longtime CMA member, began in 1992 when Dr. Potvin
challenged his arbitrary termination from a network of health care providers. As
his attorney I appealed, and in 1997 the Court of Appeal upheld the case. I described
the case and its implications in the August 1997 California Physician.
This article is republished with permission from Southern California Physician's May 2000 issue. For more information about Southern California Physician go to www.lacmanet.org.
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The May 8, 1989 issue of LACMA Physician featured an address by antitrust attorney Jack Bierig. He characterized the Patrick v Burgett decision as a very unusual case because of a rare convergence of circumstances, one which the medical community would not likely see again. He pointed out that the denial of staff privileges occurred at the only hospital in a small Oregon town. and that Dr. Patrick's exclusion from competition would obviously have an impact on competition in his specialty of general surgery in that town. Further, the conduct of the peer review physicians in the Patrick case had been characterized by the Supreme Court as "shabby, unprincipled and unprofessional."
Although Bierig was certainly correct that the peculiar facts of the Patrick case are unusual, a recent decision of t he Ninth Circuit Court of Appeals. the case of Pinhas v Summit Health Limited, decided in July 1989, suggests that Patrick may have a greater impact upon California medical staff disciplinary disputes than was previously anticipated.
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