Blog Archives

  • Client Alert – Missouri Expands Existing Mileage Limits of Advanced Practice Registered Nurses

    The Missouri Department of Insurance, Financial Institutions and Professional Registration issued an emergency rule, which goes into effect Thursday, April 26. The emergency amendment expands existing mileage limits of advanced practice registered nurses to 75 miles from collaborating physicians. For more information on this amendment please call your Lashly & Baer attorney or Richard D. Watters at 314-621-2939.

  • Brostron Wins Top Defense Verdict for Third Year in a Row

    Kenneth C. Brostron and Mark R. Feldhaus have won Top Defense Verdict for 2017 by Missouri Lawyers Weekly. The award honors Missouri-licensed attorneys who scored the biggest civil victories in Missouri courts, based on Missouri Lawyers Weekly’s Verdicts & Settlements database. These awards honor both trial victories and settlements.

    Brostron and Feldhaus successfully defended three labor and delivery nurses in the care of a mother who gave birth to a son who suffered brain damage. The plaintiff asked for more than $20 million and the jury found for the defense 11 to 1. The complete announcement and ranking will appear in the February 5th issue of Missouri Lawyers Weekly.  

     

  • Seven Lashly & Baer, P.C. Attorneys Included in The Best Lawyers in America© 2018

    St. Louis, MO, United States — Lashly & Baer, P.C. is pleased to announce that Stephen G. Reuter, has been named for the first time to the 2018 Edition of The Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession. Stephen has been recognized for his work in Medical Malpractice Law- Defendants along with six other Lashly & Baer, P.C. attorneys.

    Lashly & Baer, P.C. would also like to congratulate the following attorneys named to The Best Lawyers in America list:
    John Fox Arnold, Corporate Law
    Stephen L. Beimdiek, Personal Injury Litigation – Defendants
    Kenneth C. Brostron, Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants
    James C. Hetlage, Employment Law – Management
    Stuart Vogelsmeier, Health Care Law
    Richard D. Watters, Health Care Law

    Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

  • Lashly & Baer Attorneys Assist ROi with the Acquisition of Healthcare Purchasing Alliance, LLC

    Lashly & Baer, P.C. attorneys Stuart J. Vogelsmeier, Michael D. Regan, and Breanne E. Sergent all represented Resource Optimization & Innovation in its negotiation with Healthcare Purchasing Alliance, LLC, the Orlando based member-driven organization dedicated to providing clinical quality and cost savings through health care group purchasing organization (GPO) services.

    HPA, previously owned by Orlando Health and South Lake Hospital, one of Florida’s most comprehensive private, not-for-profit health care networks, will become a wholly owned subsidiary of ROi, operating as a separate entity to manage HPA’s legacy contract portfolio and provide custom contracting solutions throughout the continuum of care for ROi. Through the HPA acquisition, Orlando Health and South Lake Hospital have agreed to a 7-year GPO membership term with ROi, while also maintaining membership with HPA.

    To read more about the partnership view the full press release visit www.roiscs.com.

  • Brostron and Feldhaus Successfully Defend Missouri Hospital

    Kenneth C. Brostron and Mark R. Feldhaus successfully defended one of their hospital clients in a medical negligence case. The trial involved a brain damaged child alleged to have suffered the injury during labor which left the child cognitively impaired. The hospital claimed the injury was due to an intrauterine infection. The plaintiff claimed the child, now almost 9 years old, would need to be institutionalized and could not work for the rest of his life. The trial lasted nearly four weeks and the plaintiff asked the jury to award over $20 million in damages. The jury deliberated for only two hours and returned a defense verdict 11-1.

  • Lashly & Baer Attorney Assists in an Important ROi Business Partnership Agreement

    Lashly & Baer, P.C. attorney Stuart J. Vogelsmeier represented Resource Optimization & Innovation in its negotiation with Virtua, one of New Jersey’s largest, non-profit health systems.

    Virtua has signed an agreement with Resource Optimization & Innovation (ROi), a provider-owned supply chain organization, for access to ROi’s comprehensive cost management and supply chain services including strategic contracting and sourcing, utilization management, service line management, clinical and operational consulting, clinical and supply chain analytics, private label products and custom surgical packs. Through the five-year agreement that began July 1, 2017, ROi will serve as the preferred group purchasing organization (GPO) for Virtua.

    To read more about the partnership view the press release or visit https://www.roiscs.com/press-awards.

  • Brostron Obtains Defense Verdict for Physician

    Kenneth C. Brostron successfully defended a surgeon in a jury trial ending January, 26 2017. The 11-1 verdict came after the jury deliberated for one and half hours. The Plaintiff claimed that the surgeon was negligent in cutting her common and hepatic ducts during a laparoscopic cholecystectomy. The physician recognized the injury immediately and obtained assistance to repair. The doctor maintained such an injury is a reported complication of the surgery and was the result of the peculiar anatomy of the plaintiff.

  • Lashly & Baer Attorney Assists in an Important ROi Business Partnership Agreement

    Lashly & Baer, P.C. attorney Stuart J. Vogelsmeier represented Resource Optimization & Innovation in its negotiation with HPS, which resulted in HPS becoming the newest member of ROi’s supply chain partnership.

    HPS, a group purchasing organization (GPO) with more than 3,600 members, including 144 acute care and 1,466 non-acute care facilities, in 20 states, has signed an agreement with Resource Optimization & Innovation (ROi), a provider-owned supply chain organization, for access to ROi’s comprehensive cost management and supply chain services. Through the 10-year agreement, effective January 13, 2017, ROi will serve as the exclusive GPO for HPS’ national contract portfolio.

  • Brostron and Wolf Recognized For Securing One of the Largest Reported Defense Wins in Missouri for 2016

    Congratulations to Kenneth C. Brostron and Wendy J. Wolf for being recognized as one of Missouri Lawyers Weekly’s 2017 Top Verdicts & Settlements Award Honorees. Missouri Lawyers Weekly announced recently that Brostron and Wolf of Lashly and Baer will be recognized for securing one of the largest reported defense wins of 2016 in the state of Missouri.

    Missouri Lawyers Weekly’s 2017 Missouri Lawyers Awards on January 27 will honor attorneys for their achievments in 2016. The winners received the largest verdicts, judgments and settlements reported by the news staff to their Verdicts & Settlements database.

    The official ranking will be announced during the awards event at the Hilton St. Louis at the Ballpark and published in the Top V&S edition of Missouri Lawyers Weekly on February 6th. To read the full announcement click here.

  • Vogelsmeier Gives Presentations On Important Compliance Topics

    Attorney, Stuart J. Vogelsmeier spoke at the Illinois Critical Access Hospital Network’s Compliance Workshop in Springfield, Illinois on “Anti-Kickback and Stark Law Update” and “Perks and Freebies: Fun or Fraud” Click on the titles to view the presentations.

  • OIG Issues New Guidance on Permissive Exclusion

    Attorney, Stuart J. Vogelsmeier published an article, “OIG Issues New Guidance on Permissive Exclusion” in the Spring 2016 issue of Gateway Gatherings, which is the newsletter of the Greater St. Louis Chapter of the Healthcare Financial Management Association. Click here to download a copy of the article, or visit the HFMA – St. Louis website to view Gateway Gatherings.

  • Vogelsmeier to Present at Upcoming Physicians Leadership Institute

    Stuart J. Vogelsmeier has committed to speak at the upcoming Physician Leadership Institute. The Physician Leadership Institute is a five-session, high intensity program that focuses on the business side of medical practice, with a specific slant toward developing leadership and management skills. Stuart will be speaking on the topic “Legal Issues that Impact your Practice.” His presentation will be during their February 27th session. For more information about these sessions, presented by the St. Louis Metropolitan Medical Society, please visit their site or view the event flyer.

  • Provision of Complimentary Transportation Services: OIG Weighs In and Provides Additional Guidance

    Monday, November 2, 2015 – Stuart J. Vogelsmeier published an article, “Provision of Complimentary Transportation Services: OIG Weighs In and Provides Additional Guidance” in the Fall 2015 issue of Gateway Gatherings, which is the newsletter of the Greater St. Louis Chapter of the Healthcare Financial Management Association. Visit the HFMA – St. Louis website to view Gateway Gatherings.

  • Five Lashly & Baer, P.C. Attorneys Included in The Best Lawyers in America® 2016

    We are proud to announce Stephen L. Beimdiek has been selected by his peers for inclusion in The Best Lawyers in America® 2016 for his work in Personal Injury Litigation – Defendants.  He joins John Fox Arnold (Corporate Law); Kenneth C. Brostron (Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants); James C. Hetlage (Employment Law – Management); and Richard D. Watters (Health Care Law).

  • Lashly & Baer, P.C. Attorney Rhonda O’Brien Takes Part In Affordable Care Act Education

    This Fall, Rhonda A. O’Brien will host a webinar on the Affordable Care Act in conjunction with the Missouri Hospital Association – Center for Education. She will discuss the importance of ongoing employer compliance. The ACA imposes, upon covered employers, health care coverage rules for full-time and part-time employees.  The law is in effect now! The ACA required employer reporting and various legal documentation requirements that require ongoing data collection, analysis and monitoring.  Strategic decisions and compliance will be easier for the employer whose staff is very familiar with the requirements. The webinar will cover the following subjects:

    • Summarize the employer “play or pay” mandate
    • Review of the requirements to offer affordable and minimum value health coverage to full-time employees and their dependents
    • Address employee eligibility hot spots
    • Review of the penalties that may be imposed upon employers under the ACA
    • Review Health Coverage information reporting – including IRS Forms 1094-C and 1095-C.
    • Discussion of the documentation requirements including the SBC, employee notices and wrap documents
    • Address the importance of establishing and maintaining ongoing compliance systems and monitoring these systems.
  • Lashly & Baer Attorney Presents at the Physician Leadership Institute

    On March 7, 2015, Lashly & Baer attorney, Stuart J. Vogelsmeier, presented, “Should Compliance Be So Hard?  A Discussion About Legal Issues Related to Your Practice,” at the Physician Leadership Institute. The Physician Leadership Institute is a joint effort of the St. Louis Metropolitan Medical Society and Anders CPAs + Advisors. This is a five-week, high-intensity program that focuses on the business side of medical practice, with a specific slant toward developing those leadership and management skills that will drive the ever-changing industry.

    Click here to download Mr. Vogelsmeier’s presentation, or click on the link  http://anderscpa.com/physician-leadership-institute-information/ to learn more about the Physician Leadership Institute.

  • 2015 OIG Work Plan Provides Insight For Providers

    Lashly & Baer attorney, Stuart J. Vogelsmeier, published the article “2015 OIG Work Plan Provides Insight For Providers” in the Healthcare Financial Management Association (HFMA) Greater St. Louis Chapter Winter 2015 Newsletter. CLICK HERE to download a copy of the article, or visit the HFMA Greater St. Louis Chapter website to view the article.

    For more information, please contact Stuart J. Vogelsmeier at 314-621-2939, or at sjvogels@lashlybaer.com.

  • ROi and Mercy Receive Top Analyst Provider Rating in 2014 Gartner Healthcare Supply Chain Top 25

    Lashly & Baer congratulates our client, Mercy Health, and its integrated supply chain division, ROi, on being ranked in the Top 10 for the sixth consecutive year in the 2014 Gartner Healthcare Supply Chain Top 25.  Mercy and ROi also received the highest ranking that Gartner analysts gave to a health care provider.  Click here  http://www.roiscs.com/News/Gartner2014 to learn more about this recognition.  Lashly & Baer attorneys Stuart J. Vogelsmeier, James C. Hetlage, Tricia J. Mueller, and Hannah M. Nelson represent ROi.

  • Four Lashly & Baer, P.C. Attorneys Included in The Best Lawyers in America© 2015

    We are proud to announce James C. Hetlage has been selected by his peers for inclusion in The Best Lawyers in America© 2015 for his work in Employment Law – Management. He joins John Fox Arnold (Corporate Law); Kenneth C. Brostron (Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants); and Richard D. Watters (Health Care Law).

  • Lashly & Baer, P.C. Gets Top Rankings from U.S. News & World Report

    U.S. News – Best Lawyers® has given Lashly & Baer, P.C. top marks in the St. Louis region by ranking the firm “Best Law Firms” for Metropolitan St. Louis First-Tier in Corporate Law, Health Care Law, and Personal Injury Litigation – Defendants in 2014.

    CLICK HERE to download the press release.

  • Photocopiers – The New Hotspot for HIPAA Risks

    Lashly & Baer, P.C. attorneys, Stuart J. Vogelsmeier and Tricia J. Mueller, published an article in the Healthcare Financial Management Association (HFMA) Greater St. Louis Chapter Fall 2013 Newsletter entitled “Photocopiers-The New Hotspot for HIPAA Risks”. CLICK HERE to download a copy of the article or visit the HFMA Greater St. Louis Chapter website to view the Fall Newsletter. http://www.hfmastlouis.org/images/Newsletters/2013/GatewayGatheringsFall2013.pdf


  • Illinois Appellate Court Allows Evidence of Plaintiff’s Lack of Health Insurance

    Typically, evidence of the existence of health insurance is inadmissible at trial. Nevertheless, the Illinois Fifth District Appellate Court recently concluded that such evidence may be admitted in certain circumstances.

    Although a jury in her trial entered a $30,286.46 verdict in her favor, plaintiff Kathryn L. Vanoosting appealed, arguing that she was deprived a fair trial when the trial court refused her testimony that a lack of medical insurance prevented her from seeking medical attention in the years prior to the trial.

    She also claimed that the jury’s $0 award for loss of a normal life was the result of an improper argument made by defense counsel, who referred to her damages request for both loss of a normal life and pain and suffering as “double dipping.”

    The appeals court unanimously concluded that plaintiff’s lack of health insurance was relevant because plaintiff, “did not seek further treatment due to her lack of insurance is of consequence to her claim for future medical expenses and to the rebuttal of defense theory that she no longer has pain and suffering or a need for treatment due to her lack of treatment in the last three years.” The court was mindful of the potential impact that the plaintiff’s financial position may have on the sympathies of the jury, but concluded that the trial court, upon request, could have restricted the evidence to its proper purpose and scope and instructed the jury accordingly.

     

    Vanoosting v. Sellars, 2012 IL App (5th) 110365, 2012 WL 2161580 (Ill. App. 5th Dist., June 14, 2012).

  • 2012 OIG Work Plan Issued

    The Office of Inspector General of the United States Department of Health & Human Services (the “OIG”) released its Fiscal Year 2012 Work Plan on October 5, 2011. The Work Plan identifies new and ongoing reviews and activities that the OIG plans to pursue in the next 12 months. Although the actual Work Plan is over 175 pages, it is well-organized, and easy to review. Here are some key areas of emphasis:

    Home Health Services

    • Review of missing or incorrect patient outcome and assessment data.
    • Review of compliance with coverage and coding requirements, including requirements that patients must be homebound, need intermittent skilled nursing care, physical or speech therapy, or occupational therapy, be under the care of a physician, and be under a plan of care that has been established and periodically reviewed by a physician.

    Hospitals

    • Review of Medicare claims to determine which types of facilities, such as SNFs or rehabilitation facilities, are more frequently transferring patients with certain diagnoses that were coded as being present when patients were admitted.
    • Review of hospital same-day readmissions.
    • Review of Medicare claims for inpatients stays for which the patient was transferred to hospice, and examine the relationship between the hospital and the hospice provider.
    • Medicare payments for patients with other insurance coverage.

    Nursing Homes

    • Review of SNF implementation of Medicare Compliance plans as part of their day-to-day operations.
    • Review of nursing homes’ emergency plans and emergency preparedness.

    Hospices

    • Review of hospice marketing practices, and their financial relationship(s) with nursing facilities.

    Medical Equipment and Supplies

    • Review of credentials of providers submitting custom-fabricated orthotic and prosthetic claims.
    • Frequency of replacement of supplies for durable medical equipment.
    • Review of payments for home blood glucose testing supplies, diabetic testing strips and lancets, to identify questionable billing practices.

    Physicians

    • Review of physician-owned distributors of spinal implants, especially those distributors that provide spinal implants to hospitals.
    • Review of place of service coding errors.

    Other Providers and Suppliers

    • Review of increase in Part B imaging services payments.
    • Review of appropriateness of payments for sleep studies.
    • Review of dialysis facilities.

    Providers are urged to review the actual Work Plan at http://oig.hhs.gov/reports-and-publications/workplan/index.asp.

  • Accountable Care Organizations – How Providers are Impacted

    Health care providers are trying to wrap their heads around the complexities of new requirements for coordinating care for Medicare patients – Accountable Care Organizations (ACOs). The federal government is still finalizing the regulations for this new model, which is part of the Affordable Care Act and takes effect in 2012.

    ACOs use a shared savings model to reward integrated or coordinated groups of providers that deliver quality care at a reduced cost, while continuing to be paid by Medicare on a fee for services basis.

    The ACOs can be made up of physicians, physicians’ assistants, nurse practitioners, clinical nurse specialists, hospitals, and joint ventures and partnerships of these providers. Existing physician groups can become ACOs, as can hospitals, and medical groups can also collaborate with hospitals and other providers to form an ACO.

    What do these changes mean for providers? Although the final regulations may answer some questions, certain issues stand out:

    • ACO costs will be measured against the average per capita Medicare costs for “assigned” patients. If an ACO achieves cost savings, by controlling utilization, the ACO may receive a share of the government’s cost savings.
    • There will be some natural tension between hospitals, specialists and primary care physicians. Some believe that ACOs will attempt to limit hospital admissions, emergency room visits, and diagnostic tests.
    • Measuring “quality” will be complex and difficult.
    • An ACO will require significant investment in infrastructure, such as information technology. Without hospital participation in an ACO, potential participants may not have the capital to form an ACO.
    • The assignment of Medicare patients to an ACO is based on whether the patient’s primary care physician is an ACO participant. Success of an ACO will necessarily depend on having a large number of primary care physician participants.
    • There will continue to be significant antitrust, anti-kickback, Stark and tax exempt organization issues to analyze, which may hinder the rapid formation of ACOs.

    Our health care practice at Lashly & Baer will continue to monitor the regulations as they are finalized, and analyze the potential winners and losers in the world of ACOs.

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