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

Special Master Appointed to Conduct Global Mediation in Bankruptcy Case

By Beth Graham - November 2, 2010

A special master was recently appointed by the Northern District of Texas in NetSphere v. Baron (In re Ondova Ltd. Co.), No. 3-09CV988-RF. The underlying Chapter 11 bankruptcy case involves numerous parties, offshore entities and several related lawsuits. After the bankruptcy court held four status conferences related to the parties’ global settlement agreement (GSA), approved by the bankruptcy court on July 28, 2010, the bankruptcy judge made a

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

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.”

Law Review Article | Alternative Dispute Resolution

By Beth Graham - October 5, 2010

Will Pryor has once again written an annual survey of alternative dispute resolution (ADR) law in Texas for the SMU Law Review. This is the third year ADR was included in Law Review’s Annual Survey of Texas Law issue and also the third time Pryor has provided his expertise and insight. In “Alternative Dispute Resolution,” 63 SMU Law Review 275 (2010), Pryors’s article largely concerns developments in Texas arbitration law. He notes the shake-up c

Connecticut Mandates Mediation in Medical Malpractice Cases

By Beth Graham - October 1, 2010

by Holly Hayes U.S. Politics Today reported that in Connecticut, “as of July 1, the presiding judge over a medical malpractice case must refer the case to a 120-day mediation period or other alternative dispute resolution (ADR) process ‘before the close of proceedings.’” The stated purpose of the new statute which mandates mediation in medical malpractice cases is to achieve a “prompt settlement or resolution of the civil action.” The

Law Review Article | Mediation in Divorce Proceedings Involving Domestic Violence

By Beth Graham - September 28, 2010

A recent article in the Yale Journal of Law and Feminism entitled “Moving Out of the 1990s: An Argument for Updating Protocol on Divorce Mediation in Domestic Abuse Cases,” 22 Yale Journal of Law and Feminism 97 (2010), makes an interesting argument that many states need to reexamine policies banning or restricting mediation in divorce proceedings involving domestic violence. According to Mary Adkins, co-student director of the Yale D

Implementation of Accountable Care Organizations (ACOs)

By Beth Graham - September 24, 2010

by Holly Hayes In his book, Beyond Neutrality, Bernard Mayer says, “Conflict resolution professionals are not significantly involved in the major conflicts of our times. Many conflict resolution practitioners play useful but essentially marginal roles in large-scale public conflicts… we are not involved at the center of the conflict or decision-making processes.” This week, we posted about “clinical integration” or the creation of Accountable Car