BCBS Association Class Action Lawsuit

Your practice may receive a notice in the mail that it is eligible for monetary compensation from a class action against the Blue Cross Blue Shield Association for violation of the federal antitrust laws. TMA has a summary of the case and information on the settlement on our website.

Consent Order – Licensing Board

Take Steps to Avoid the Consent Order License Pitfall

Often, at the same time the State Department of Health threatens to file charges to discipline a health professional’s license, its lawyers will offer up an “agreed order” or “consent order” to settle the matter. They tout that agreeing to its terms will allow you to “avoid a hearing”. You may think it is cheaper just to sign it and move on. TMA’s general counsel formerly prosecuted medical board and other disciplinary cases and offers the following guidance:

Do not sign any agreed order without first consulting a health care lawyer with experience in these matters. The proposed charges may be inaccurate. There may be alternative discipline that is not reportable to the National Practitioner Databank (NPDB) that can be worked out. Reportable disciplinary action must be explained throughout your career for hospital credentialing, other state licenses, med mal insurance coverage, and health plan networks. There is a useful “screening panel” process available to resolve cases short of a hearing. The TMA legal department has a list of lawyers with experience in health disciplinary cases. Contact legal@tnmed.org for the list.

Death Certificates - Signing

A physician must sign a death certificate within two business days of the patient’s death. There has been a spike in complaints and the licensing boards are responding with stricter penalties. For the full details click here to see our article that discusses the actions the boards are taking and the impact on a physician’s participation in insurance networks, hospital privileges, and malpractice insurance.  

Quick Glance: Parental Permission Chart

Do you need help understanding when you need permission to treat a minor? TMA has you covered with our Quick Glance: Parental Permission Chart available on our website at www.tnmed.org/legal under the Legal Resources section.