Office of Legal Affairs

Office of Legal Affairs The Office of Legal Affairs provides information to member physicians about Board of Medical Examiner activities, third-party payors, HIPAA, EMTALA and other issues that impact the practice of medicine. This information is not intended to serve as legal advice.

IBM ad hoc committee provides guidance for doctors supervising PAs

IBM ad hoc committee provides guidance for doctors supervising PAs The Iowa Board of Medicine (IBM) formed an ad hoc committee in June 2012 after a new law was enacted that changed the physician to physician assistant supervisory ratio from 1 – 2 to 1 – 5. The law became effective July 1, 2012. The ad hoc committee was formed for the purpose of reviewing...

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Governor Branstad calls for Certificate of Merit and a cap on non-economic damages in his 2013 Condition of the State Address

Governor Branstad calls for Certificate of Merit and a cap on non-economic damages in his 2013 Condition of the State Address Governor Terry Branstad announced in his 2013 Condition of the State address that he’s proposing three initiatives designed to keep doctors in Iowa. Governor Branstad is proposing: To pass a Certificate of Merit law and a cap on non-economic damages in...

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IBM releases document about physician duty to report

IBM releases document about physician duty to report The Iowa Board of Medicine has created an informational document (PDF 180KB) reminding physicians of their lawful obligation to report certain occurrences to the board. This summary was created in connection with the new mandatory reporting rule (PDF 267KB), which is tentatively scheduled to become...

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Court approves award payments in AMA legal battle against UnitedHealth

Court approves award payments in AMA legal battle against UnitedHealth A federal court judge has cleared the way for releasing payments in the 2009 settlement that ended the historic court challenge led by the American Medical Association against UnitedHealth Group. Nearly $200 million in awards will be paid to settle claims from physicians for 15 years of artificially low payments from UnitedHealth...

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IMS wins court case regarding fluoroscopy

IMS wins court case regarding fluoroscopy On October 31, 2011, Judge Artis Reis of the District Court for Polk County ruled that administrative rules adopted by the Iowa Board of Nursing (IBN) and the Iowa Department of Public Health (IDPH) authorizing nurse practitioners to supervise fluoroscopy were invalid, illegal, void and of no effect. This litigation began in June 2010 when the Iowa...

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UHC issues 2011 Premium program designations for physician review

UHC issues 2011 Premium program designations for physician review On January 14, UnitedHealthcare will send letters to physicians and group practice administrators about UHC's quality and cost efficiency assessments of them under its Premium designation program. Two-star physicians have met UHC's measurement standards for both quality and cost efficiency;...

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Court stays rule allowing ARNP supervision of fluoroscopy

Court stays rule allowing ARNP supervision of fluoroscopy The Polk County District Court, on November 23, 2010, issued a stay order placing on hold rules of the Iowa Board of Nursing (IBN) and the Iowa Department of Public Health (IDPH) permitting supervision of fluoroscopy by advanced registered nurse practitioners (ARNPs). The Court's order is in response to motions by the...

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Iowa Supreme Court alters mental health record access

Iowa Supreme Court alters mental health record access In July, the Iowa Supreme Court handed down an opinion in Iowa v. Cashen. In this criminal case, a defendant charged with domestic abuse assault sought access to the mental health records of the abuse victim. The defendant claimed that the records were necessary to prove his innocence. The Iowa Supreme...

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New rule assists physicians treating chronic pain

Iowa physicians have new practice standards for using injections and surgeries to diagnose and manage a patient's persistent and intractable pain. The standards are outlined in a new administrative rule, which goes into effect on Wednesday, August 4. The rule, 653 IAC Chapter 13.9, defines interventional chronic pain management as the practice of medicine in...

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IMS files litigation to challenge nursing supervision of fluoroscopy

The Iowa Medical Society (IMS) filed litigation today to challenge the Iowa Department of Public Health and the Iowa Board of Nursing for inappropriately expanding the scope of practice of nursing to include the supervision of fluoroscopy. The American College of Radiology believes the adoption of...

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