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Electronic Medical Records
Recently, physicians and other health care providers have been inundated with information regarding electronic medical records (“EMR”). Medical tests, prescriptions, medical histories and other information would be kept in electronic files that could follow a patient from one doctor's office to another or to a hospital or other facility, as well as allow patients access to their own information. Proponents of EMR believe that such systems will improve patient care, prevent medical errors and lower costs. However, it is believed that the vast majority of health care transactions in the United States are still taking place on paper, whether it involves a patient chart, a prescription, a consultation or a laboratory test result.
According to a recent survey, less than one-third of all medical practices in the United States have EMR systems. In early 2009, the United States government allocated, as part of the economic stimulus program, nearly a billion dollars in Medicare and Medicaid compensation bonuses available to hospitals and physicians who switch to EMR. In addition, the Medicare/Medicaid reimbursement rates may be reduced in the future for claims submitted by providers who are not using EMR. Through this carrot and stick approach, the federal government is addressing two otherwise distinct issues: subsidizing the EMR market and promoting the use of EMR as a desirable attribute of the nation's health care system. Not only would the switching to EMR stimulate the businesses engaged in providing EMR services, but the Obama administration believes that significant health care savings will result by eliminating the redundancies inherent in paper records.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.