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Managed Care

Miles & Peters represents the state's only Medicaid-only HMO with respect to its rates and reimbursement from government payors. The firm is also familiar with HMO contracting issues in connection with its nursing home and DME provider practices, where Miles & Peters has long been involved in counseling its clients concerning the managed care contracts they enter into with health maintenance organizations.

 

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ALJ UPHOLDS FTC'S COMPLAINT AGAINST PHYSICIANS GROUP FOR PRICE FIXING

In an initial decision announced November 16, an Administrative Law Judge (ALJ) upheld the Federal Trade Commission's (FTC's) complaint against a physicians group alleging that the group conspired to fix prices in certain contacts its doctors entered into to provide medical services to the patients of health plans.

For more information go to www.ftc.gov/opa/2004/11/northtexas.htm

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FTC Settles with Physicians Group on Price-Fixing Charges

The Federal Trade Commission (FTC) announced April 5 it has reached a settlement with a Chicago-area physicians group. Evanston Northwestern Healthcare Corporation (ENH) and ENH Medical Group, Inc. (ENH Medical Group), whereby the group has agreed to put an end to collective bargaining on behalf of its members. According to FTC,ENH Medical Group "violated Section 5 of the FTC Act by facilitating and implementing agreements among rival physicians to fix prices and other terms of dealing with health plans and other third-party payors, and by refusing to deal with such payors except on jointly determined terms."

To read FTC's press release go to www.ftc.gov/opa/2005/04/050405evanston.htm.

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POTENTIAL HEALTH PLAN LIABILITY FOR PARTICIPATION IN PRESCRIPTION DRUG IMPORTATION PROGRAMS

According to a recent report issued by the U.S. Department of Health and Human Services (HHS) Task Force on Prescription Drug Importation (HHS Task Force Report), nearly 5 million shipments of unapproved prescription drugs entered the U.S. in 2003 from Canada through Internet sales and from travel to Canada by American consumers. The Task Force produced a report that contains our findings based on all of the information presented to us and expert views solicited from appropriate government agencies.

The report is available online at:
http://www.hhs.gov/importtaskforce

The Surgeon General's testimony is available online at:
http://www.hhs.gov/asl/testify/t050216b.html.

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DOJ OFFERS GUIDANCE ON NONDISCRIMINATION AGAINST
LIMITED ENGLISH SPEAKERS

The Civil Rights Division of the U.S. Department of Justice issued guidance October 26 on what recipients of federal assistance-including hospitals-must do to ensure they are not discriminating against those with limited English proficiency.

The guidance is online at www.usdoj.gov/crt/cor/lep/Oct26Memorandum.htm.

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CMS PUBLISHES NATIONAL PROVIDER IDENTIFIER FINAL RULE

On January 23, 2004 CMS published the long awaited National Provider Identifier (NPT) final rule. This NPT final rule requires all health care organizations to use an assigned identifier for each health care provider when filing and processing electronic claims and other standard transactions.

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