Tauzin/Greenwood Letter PDF

On August 25, 2003, a task force of our members, on behalf of the Payors Subcommittee of the Substantive Law Committee, submitted detailed written comments to the IRS in response to a request for public comment on the commercial-type insurance rules applicable to HMOs under Section 501(m) of the Tax Code. Members of the task force included Alice MacDermott, Theresa Schurman, Judith Hooyenga, Colleen McClorey, Ed Jennings, and William Hammond. The task force was chaired by Margaret Marchak, a Vice Chair of the Substantive Law Committee.

Comments Regarding § 501(m) of the Internal Revenue Code PDF PDF

Smith v. Gentiva Health Services (USA) Inc. PDF

Michigan Court of Appeals reversed the Oakland County Circuit Court by holding that psychiatrist was not jointly and severally liable for Medicaid overpayments because the Medicaid claim forms as submitted under MCLA 400.111(b)(17) did not meet the statutory certification requirements as they contained neither his signature nor the name of the person signing his name.

Medicaid Overpayment Decision PDF

Medicare-substitute HMOs do not have a private right of action to seek reimbursement for claims paid that were the responsibility of another insurer.

Care Choices Decision PDF

U.S. District Court Judge Lawson ruled that Section 1981 and 1983 discrimination claims brought by Plaintiff physician were properly dismissed by Magistrate, but hospital's request for attorney fees under the Health Care Quality Improvement Act of 1986 were denied because immunity from damages could not be adequately established. Plaintiff's state law claims of discrimination and tortious interference were not retained by the federal court.

Hills and Dales Staff Privilege Decision PDF