Archives: Physician Supervision

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New Connecticut Statute Restricts Physician Non-Compete Agreements

On June 2, 2016, Connecticut Governor Dannel Malloy signed Public Act 16-95, establishing significant new restrictions on physician non-compete agreements in Connecticut. Under the statute, an existing physician covenant not to compete is valid and enforceable only if it is: necessary to protect a legitimate business interest; reasonably limited in time, geographic scope, and practice … Continue Reading

Hospital Had No Duty to Future Patients of Formerly Employed Physician Practicing at Unrelated Hospital, Massachusetts Court Holds

A hospital owed no duty of care to future patients of a physician who had left its employ and resumed practicing medicine with another employer, the Massachusetts Supreme Judicial Court has ruled.  Robert Roe, et al. v. Children’s Hospital Medical Center, SJC-11533 (Mass. Oct. 1, 2014). From 1966 until 1985, Melvin Levine, a pediatric physician, … Continue Reading

Physician Whose Clinical Privileges Were Revoked Can Proceed With Hostile Work Environment Claim, Court Finds, But Dismisses Antitrust Claim

A physician may proceed with her hostile work environment claims after a hospital revoked her clinical privileges, but may not continue with her antitrust claims because she failed to plead an antitrust injury, a federal district court ruled.  Levitin and Chicago Surgical Clinic, Ltd v. Northwest Community Hospital, et al., No. 13 C 5553 (N.D. … Continue Reading

EMTALA Does Not Prohibit Discontinuing Physician’s Services After Complaining About Overcrowded Emergency Room

A hospital lawfully discontinued the services of a physician who complained about overcrowded emergency room conditions, a federal appeals court found in Genova v. Banner Health; et al., No. 12-1314 (10th Cir. August 20, 2013), rejecting the physician's claims that the hospital and its administrator violated the federal Emergency Medical Treatment and Active Labor Act ("EMTALA") and Colorado state law by discontinuing his services.… Continue Reading

New Rule on Physician Supervision Requirements

Responding to healthcare providers’ concerns about the need for more flexibility in the direct supervision of hospital outpatient services, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to update policies concerning physician supervision requirements for hospital outpatient services.  The 2011 Outpatient Prospective Payment System (OPPS) Final Rule became effective January 1, … Continue Reading
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