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.

Iowa Supreme Court reverses district court fluoroscopy decision

In a disappointing decision, the Iowa Supreme Court, with the Chief Justice dissenting, reversed the decision of the Polk County District Court and upheld the rule making of the Iowa Board of Nursing and the Iowa Department of Public Health permitting advanced registered nurse practitioners (ARNPs) to supervise fluoroscopy. The Iowa Supreme Court stated its decision was “controlled...

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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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