Search PubMed⌕ Search

Biomedical subjects

H M Barton

Publications and source records attributed to H M Barton.

At least 37 records · Page 2Linked to original sources
PubMed1991

Alternative dispute resolution of medical-legal issues.

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

Confidentiality↗
PubMed1990

Waivers of insurance deductibles--charity or crime?

Many physicians occasionally waive insurance deductibles and copayments for their patients. Some do it routinely and advertise the fact. Aetna Life Insurance Company in 1988 called this practice fraud, a position The National Health Care Anti-Fraud Association subsequently took (1). However, it is all too easy to apply that label without analyzing the facts. This article examines the practice of waiving copayments and deductibles, describes recent developments in the area, and offers some guidelines for physicians.

Crime↗
PubMed1990

Medical records can win or lose a malpractice case.

This article illustrates for the physician the pitfalls of making poor medical records and how good medical records can make the difference in winning or losing a medical professional liability lawsuit. The article includes seven suggestions to enable the physician to create and maintain good patient medical records.

Ethics, Medical↗
PubMed1990

New patient transfer laws take effect July 1.

What is a physician's responsibility to care for walk-in patients in the emergency room? This is a commonly asked question in light of the OIG v Burditt case and provisions of the Omnibus Budget Reconciliation Act of 1989 that take effect July 1, 1990. This article analyzes the current federal and state laws on examination, treatment, and transfers.

Emergency Service, Hospital↗
PubMed1989

1989 AIDS update.

The leadership of the 70th Texas Legislature (1987) created the Legislative Task Force on AIDS to study the impact of AIDS in Texas and to recommend to the 71st Legislature (1989) public policies needed to reduce the impact of AIDS in Texas. The task force held numerous public hearings and received testimony from witnesses involved with all areas touched by AIDS. The task force also surveyed state agencies, health care entities, and met with statewide associations, including the Texas Medical Association. A Statement of Preliminary Findings was released in August 1988, and a Final Report was issued in January 1989. Many of the task force's recommendations became part of the Omnibus AIDS Bill filed in the 71st Legislature. After much discussion and public controversy, Senate Bill 959 was passed and took effect Sept 1, 1989. Known as the "Human Immunodeficiency Virus Services Act," it amends numerous statutes and creates new requirements. This article (1) answers a number of questions physicians have raised about how the new law affects their practices.

Acquired Immunodeficiency Syndrome↗
PubMed1989

OIG investigations and physicians' rights.

The Office of the Inspector General (OIG) was established to investigate the programs of the US Department of Health and Human Services (HHS). It recommends policy to promote economy and efficiency in the administration of HHS programs and also informs Congress about the problems and deficiencies of such programs (1). The President appoints the inspector general with the advice and consent of the Senate. While the inspector general is under the supervision of the secretary of HHS, he may be removed from office only by the President (2). The OIG's authority is wide ranging. It has a staff with specific responsibility for anti-fraud and abuse activities (3). The inspector general has access to all records that are available to HHS and which relate to programs the inspector general has the responsibility to police. It also may subpoena all records and evidence necessary for performance of its duties, which are enforceable by the order of any United States District Court (4). Of particular interest to physicians is the OIG's authority to take certain actions against physicians and against a hospital or other facility that has a contract to participate in Medicare or Medicaid.

Humans↗
PubMed1989

Civil monetary penalties--weapon against fraud or instrument of health policy?

Most physicians are aware of the highly publicized aspects of government health care regulation, including attempts at mandatory physician assignment and recoupment of services deemed medically unnecessary. There is less awareness of the potential pitfalls of civil monetary penalties, as many physicians believe they are primarily applicable to false claim allegations. However, the use of civil monetary penalties is increasing as Congress creates new bases of liability. This development leads to the question: Are civil monetary penalties a weapon against fraud or an instrument of federal policy?

Crime↗
PubMed1989

OIG v. Burditt, MD (it could happen to you).

Following a five-month evaluation by Texas Medical Association's Physician Patient Advocacy Committee, the association has loaned its support to Victoria obstetrician/gynecologist Michael L. Burditt, MD, whom the government has charged with violating federal guidelines for hospital transfers. The Office of the Inspector General is challenging Dr Burditt's treatment and hospital transfer decision made for Rosa Rivera and her fetus on Dec 5, 1986. Advocacy Committee Chairman Nancy Dickey, MD, and committee member D. Clifford Burross, MD, along with consultant Joseph R. Miller, MD, a board certified obstetrician/gynecologist from Wichita Falls, extensively reviewed the medical records, interviewed Dr Burditt and other Victoria physicians, and reviewed the medical literature before presenting their findings and conclusions to the full committee and to TMA President Val F. Borum, MD, in June 1988. Believing that the case exemplifies the dangers of the OIG evaluating transfer decisions without using the regular quality assurance Texas Medical Foundation Medicare peer review process, the committee, Dr Borum, and the TMA General Counsel, joined by the Victoria-Goliad-Jackson County Medical Society, made their recommendation of support to the TMA Board of Trustees in July 1988. This article describes the medical events, the OIG investigation, and the hearing before a Department of Health and Human Services administrative law judge on the charges of wrongful conduct.

Female↗