Karl Bayer's Disputing Blog

Guide for Negotiating an Electronic Health Record (EHR) Contract

By Holly Hayes - November 5, 2010

by Holly Hayes Physician News Digest posted a beginner’s guide to negotiating an Electronic Health Record (EHR) software license agreement. EHR contracts are similar to other software license agreements, but issues specific to health care, including provisions related to HIPAA and “meaningful use” provisions, need to be addressed. The guide focuses on five key areas of a software license agreement (SLA): User license Implementat

Law Review Article | The Litigation-Arbitration Dichotomy Meets the Class Action

By Beth Graham - November 1, 2010

A forthcoming article entitled “The Litigation-Arbitration Dichotomy Meets the Class Action” by Vanderbilt Law Professor and Director of the Cecil D. Branstetter Litigation & Dispute Resolution Program Richard A. Nagareda makes some interesting and compelling arguments related to AT&T Mobility, LLC v. Concepcion, 09-893, a case set for argument before the U.S. Supreme Court on November 9th. The article examines two cases from

Communication Skills Key in Ambulatory Surgery Centers

By Holly Hayes - October 27, 2010

by Holly Hayes The Medical Group Management Association (MGMA) annual meeting is being held in New Orleans this week. Yesterday, Marshall Baker, CEO of Physician Advisory Services, Boise, Idaho, led a discussion about Ambulatory Surgery Centers (ASC) and the opportunities available to surgeons despite that accreditation requirements for ASCs are getting stricter. Communication is key to a successful ASC, Baker said, explaining that no one should

Texas Supreme Court Holds Arbitration Agreement Does Not Require Savings Clause

By Beth Graham - October 25, 2010

The Texas Supreme Court has held that an arbitration agreement signed as a condition of continued employment was not illusory and did not require a savings clause. In In re 24R, Inc., D/B/A The Boot Jack, No. 09-1025 (Tex. Oct. 22, 2010), Frances Cabrera was an at-will employee for 24R, Inc. d/b/a “The Boot Jack” for approximately 15 years. In 2003, 2004 and 2005 she signed an arbitration agreement as a condition of continued employment. In 2007,

Collaborative Patient Care and ACOs

By Holly Hayes - October 22, 2010

by Holly Hayes In a message to all physicians posted on the American Medical News website this week, Ardis Dee Hoven, MD, chair of the American Medical Association (AMA) Board of Trustees said, “When physicians, hospitals, nurses, technicians, patient advocates and others collaborate, they can help prevent costly hospital admissions and keep patients from cycling between nursing homes and hospitals.” Her message, “Quality care follows

New Off-Shore Oil and Gas Industry Oversight?

By Beth Graham - October 21, 2010

In a post entitled “Who Will Guarantee the Safety of Off-shore Oil and Gas Facilities?” on Larry Susskind‘s blog, the Consensus Building Approach, he suggests the need for an off-shore oil and gas industry risk management system akin to the Institute for Nuclear Power Operations (INPO) created after the 1979 accident at Three Mile Island. Although licensing and a variety of other aspects of nuclear power plant operations are managed by fede

Defensive Medicine and the Role of Tort Reform

By Holly Hayes - October 18, 2010

by Holly Hayes Modern Physician recently reported about a study by Harvard researchers that says the nation’s “medical liability system” accounted for approximately “$55.6 billion—or 2.4% of total healthcare spending in 2008—with almost $45.6 billion of that figure being spent on the practice of “defensive of medicine,” which includes ordering tests and procedures or avoiding high-risk patients in an effort to avoid being sued.”

Alternative Dispute Resolution and the Rule of Law Symposium Held Today

By Beth Graham - October 15, 2010

The University of Missouri School of Law Center for the Study of Dispute Resolution is holding an Alternative Dispute Resolution and the Rule of Law symposium today in cooperation with the ABA Section of Dispute Resolution and the Missouri Center for the Study of Conflict, Law & the Media. The symposium is the first of its kind to examine the relationship between the Alternative Dispute Resolution and the Rule of Law: On the face of it, the R

Second Circuit Eyes On Supreme Court, AT&T Mobility

By Beth Graham - October 14, 2010

A recent news story published in The AM Law Daily highlights an interesting arbitration case from the Second Circuit. The case involves a young attorney named Joshua Fensterstock who, after graduating with over $100,000 in student loans in 2003, consolidated his student loans in 2006 with Education Finance Partners (EFP), a student loan company serviced by Affiliated Computer Services (ACS). By August 2007, Fensterstock noticed that his loan bala

Accountable Care Organization Workshop Held

By Beth Graham - October 8, 2010

On October 5, 2010 the Federal Trade Commission (FTC) co-hosted a “Workshop Regarding Accountable Care Organizations and Implications Regarding Antitrust, Physican Self-Referral, Anti-Kickback and Civil Monetary Penalty Laws.” The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General joined the FTC in addressing several issues associated with Accountable Care Organizations