Doctor to Doctor

Archive for the 'Judicial News' Category


December 21st, 2012
by Elaine Ellis Stone


 

NCMS Joins Hospitals and Radiologists in Filing Appeal against Decision in BCBS Dispute

NCMS, the NC Hospital Association and the North Carolina Chapter of the American College of Radiology have requested a judicial review of the Department of Insurance ruling in the dispute with Blue Cross Blue Shield over fees for radiology imaging. In the filing, NCMS and the other parties ask that the court reverse the November [...]

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June 29th, 2012
by Bulletin Staff


 

Supreme Court Upholds Mandate, Limits Medicaid Expansion

On Thursday, the US Supreme Court announced its long-anticipated decision in a series of cases challenging the constitutionality of the Patient Protection and Affordable Care Act of 2010.

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May 25th, 2012
by Bulletin Staff


 

Professional Regulation, Public Safety Threatened by FTC Order

What does teeth whitening have to do with the self regulation of medicine? As is often the case, actions taken to address a narrow issue can have major consequences. Such is the case with the Federal Trade Commission’s interest in teeth whitening services in North Carolina.
Teeth whitening is the practice of dentistry under the NC Dental [...]

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March 30th, 2012
by Chip Baggett


 

Supreme Court Hears Oral Arguments on Health Care Reform

Just days after the second anniversary of the passage of the Patient Protection and Affordable Care Act (PPACA), the US Supreme Court heard more than six hours of oral arguments challenging the new law.

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February 10th, 2012
by Bulletin Staff


 

Court Approves Payments to Physicians in Class-Action Lawsuit Against UnitedHealth

Physicians will soon receive long-awaited payments resulting from a hard-fought legal battle against this major health insurance company.

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October 28th, 2011
by Amy Whited


 

Federal Judge Issues Temporary Injunction Against Part of New NC Abortion Law

U.S. District Court Judge Catherine Eagles temporarily stopped implementation of one piece of North Carolina’s new abortion law, which would have required health care providers to conduct an ultrasound at least four hours prior to performing an abortion procedure and to show and describe the images of the test to the patient prior to the procedure.

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August 12th, 2011
by Mike Edwards


 

Federal Appeals Court Strikes Down PPACA Insurance Requirement

A federal appeals court has struck down the requirement in the Patient Protection and Affordable Care Act (PPACA) that nearly all Americans must carry health insurance or face penalities.

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February 18th, 2011
by Bulletin Staff


 

Webinar Looks at Medical Liability Implications in Donating Care

Care Share Health Alliance is hosting a webinar, 6:30 pm – 7:30 pm, on Thursday, February 24, 2011 on Medical Liability Implications for Physicians Donating Care Through Their Practice/Office. The overview will be presented by Robert Desmond, Associate Attorney, Smith, Anderson, Dorsett, Mitchell & Jernigan LLP.  There is no charge thanks to Care Share’s funders.
Space [...]

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February 11th, 2011
by Steve Keene


 

NCMS Opposes Rule That Would Equate Medical School and Chiropractic School

The NC Board of Chiropractic Examiners published a proposed rule on January 18, 2011 equating medical school with chiropractic school. The NCMS filed an objection to the rule with the Chiropractic Board this week. The stated purpose of the proposed rule is “to invoke the equivalency provision of [North Carolina law] to clarify that when [...]

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December 17th, 2010
by Steve Keene


 

Federal Judge Says Individual Mandate is Unconstitutional

On Monday of this week, J. Henry Hudson of the United States District Court for the Eastern District of Virginia became the first trial judge to find the Minimal Essential Coverage Provisions of the newly enacted Patient Protection and Affordable Care Act unconstitutional.

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July 9th, 2010
by Mike Edwards


 

NCMS Case against United Allowed to Proceed

The 11th Circuit Court of Appeals handed the NCMS and other state medical societies a major victory this week in a legal fight concerning unfair business practices by managed care companies.

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July 8th, 2010
by Mike Edwards


 

Federal Appeals Court Permits NCMS Case Against United to Proceed

On Tuesday, July 6, 2010, the 11th Circuit Court of Appeals handed the NCMS and other state medical societies a major victory in their fight against unfair business practices against physicians by insurance companies.

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May 21st, 2010
by Melanie Phelps


 

NCMS Hosts Meeting to Discuss Potential for State Demonstration Program for Alternatives to Medical Tort Litigation

On Thursday, May 13, the NCMS hosted a meeting to discuss the possibility of developing a proposal and applying for a state demonstration program for alternatives to medical tort litigation as outlined in the Patient Protection and Affordable Care Act.  Attending the meeting were representatives of the North Carolina Medical Society, North Carolina Hospital Association, [...]

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February 12th, 2010
by Steve Keene


 

NC Supreme Court Puts Aside Critical Questions re: Community Standard of Care

The General Assembly enacted legislation in 1976 limiting physician liability to situations where the plaintiff proves that the defendant physician failed to meet the applicable standard in the same or similar communities. Recently, the NC Court of Appeals in Swink v. Weintraub declined to reverse a decision against Dr. Weintraub even though the trial court admitted testimony from plaintiff’s medical experts who were not required to testify, as to their opinions, in the context of the “same or similar community” standard of care. Read on for more details on the case and decision and to see how the NCMS is responding…

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May 1st, 2009
by Mike Edwards


 

Breaking News—NC Supreme Court Rules NCMB Cannot Punish Physicians Who Participate in Executions

The N.C. Supreme Court today upheld a lower court ruling that found the N.C. Medical Board had exceeded its authority in January 2007 when it issued a Position Statement threatening to discipline physicians who participated in executions. In its ruling, the Court stated “Because of this position statement, physicians have declined to participate in executions [...]

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