BCBSF Settlement News
Don't miss your opportunity to receive your settlement payment. The BlueCross BlueShield (BCBS) official settlement notice, claim form, and instructions were mailed to physicians on July 27, 2007.
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Protect Yourself From National Provider Identifier Dissemination
by Christopher L. Nuland,Esq.
FSDDS General Counsel
On May 30, 2007, the CMS issued its National Provider Identifier (NPI) Data Dissemination Notice in the Federal Register. As of May 27, 2007, the NPI, a unique 10-position identification number, is required of all healthcare providers, including physicians, who perform HIPAA-governed electronic billing.
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Peer Review Privilege Further Eroded
By Christopher L. Nuland, Esq.
General Counsel
Florida’s peer review privilege, already damaged by Amendment 7 allowing patients to access peer review records regarding adverse incidents involving their providers, has taken another huge hit.
In Doe v. Department of Health (Case 2D06-1273), the Second District Court of Appeal ruled that the protections of F.S. 766.101 do not prevent the Department of Health from obtaining peer review documents during its investigation of physicians. While the Court emphasized that such records could not be released to the public, it specifically held that the Department could use such records in a physician disciplinary proceeding.
The result of this case is devastating to the alleged peer review privilege. Physicians and hospitals must now conclude that all peer review documents will be available to patients under Amendment 7 and to the Department under this new ruling. While the peer review participants (other than the subject of the complaint) remain protected, physicians should be cognizant that they will not be protected by the purported peer review privilege.
