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Structuring managed care joint ventures.

Providers that undertake joint ventures to secure managed care contracts must understand the important governance, operational, legal, and political issues involved. Careful planning in all these areas can help ensure that the joint venture will meet its goals and avoid problems such as inappropriately negotiated contracts and legal violations.

Financial Management↗

Some fraud fight left. Proposed HCA settlement, other enforcement activities indicate feds still serious about fighting healthcare fraud.

Some thought the federal government had been softening efforts to fight healthcare fraud. They were wrong. Last week, HCA was told to ante up nearly $900 million to settle its fraud case; the FBI raided another Tenet Healthcare Corp. Hospital; and the U.S. Justice Department participated in a pending whistleblower suit against 27 hospitals. HCA's legal troubles began when James Alderson (left) blew the whistle.

Fraud↗

Reforming the relationship between medicine and the law of tort.

The Australian Government's medical indemnity package is predicated on the belief that the current crisis is primarily one of insurance. However, an examination of the fault-based tort system illustrates that, irrespective of their insurance status, doctors are profoundly affected by the adversarial process and their response to it is leading to sub-optimal patient care. This article argues that the adversarial system of medical negligence fails to satisfy the main aims of tort law, those being equitable compensation of plaintiffs, correction of mistakes and deterrence of negligence. Instead, doctors experience litigation as a punishment and, in order to avoid exposure to the system, have resorted not to corrective or educational measures but to defensive medicine, a practice which the evidence indicates both decreases patient autonomy and increases iatrogenic injury. This is unacceptable and suggests that the package has missed the point. This article proposes an alternative medico-legal tort scheme which attempts to overcome some of these problems.

Australia↗

The standard of care for oral diagnosis as it relates to oral cancer.

The periodic oral examination of patients must be performed by the dentist as standard procedure. As a physician of the mouth, the dentist must also be able to recognize abnormalities or lesions and then provide, or refer patients for, diagnosis, treatment, and surveillance of the condition. With prompt and decisive action, the dentist can save lives and influence the morbidity of oral cancer. Conversely, inadequate diagnostic skills and improper documentation techniques can incur legal consequences.

Adult↗