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David M. Glaser, JD

Glaser is a health care attorney at Fredrikson & Byron, P.A. and an Orthopedics Today Editorial Board Member.

Most recent by David M. Glaser, JD

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July 01, 2021
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BLOG: ABCs and XYZs of ASCs

ASCs are a great opportunity for most orthopedic groups, but the legal issues have the potential to seem overwhelming.

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December 07, 2020
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BLOG: New Stark regulations may require changes to your compensation formula

CMS just issued new rules that dramatically revise the Stark regulations.

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October 21, 2020
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BLOG: Understanding telehealth rules is key during COVID-19 public health emergency

COVID-19 has accelerated the telehealth visit trend. Providing telehealth across states raises licensure, reimbursement and malpractice coverage issues. The regulatory landscape is changing but there are important considerations.

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April 17, 2020
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BLOG: Consider this path to use telehealth for physical therapy services

During the COVID-19 crisis, telehealth visits are safer for medical professionals and patients. However, in a recent interim final rule, CMS said the telehealth statute does not allow physical therapists, occupational therapists and speech language pathologists to “furnish” telehealth services. That is because the law authorizing telehealth services (Social Security Act Section 1834(m)) has a list of “professionals” who can provide telehealth.

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August 29, 2019
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BLOG: Relationships with vendors: Embrace them, but with caution

A device company wants you to give speeches explaining how you use their product or asks you to offer suggestions for improving it in exchange for royalties. Can you do it? Should you do it?

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April 11, 2018
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BLOG: Tools you can use in medical necessity denials

It is relatively common to face medical necessity denials. A recent case offers lessons about challenging a Medicare contractor when it asserts your care is not medically necessary.

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March 23, 2018
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BLOG: Salary, call pay and other surveys can be misleading

Whenever you enter a financial relationship with a hospital, the hospital is likely to rely on survey data to verify that the relationship is at fair market value. While the desire of the hospital to use such data is completely understandable, the odds are that the survey data is imperfect. How can I feel comfortable making such a sweeping generalization? Because if you carefully examine most of these surveys, the limitations are immediately apparent.

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October 17, 2017
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BLOG: Gainsharing/co-management is a great opportunity for physicians, hospitals

As a physician, you have a unique ability to make the delivery of health care more efficient and save hospitals money, which ultimately has the effect of lowering health care costs. This is true whether you are in independent practice or employed by a hospital. While the Stark law, antikickback statute and other laws place some restrictions on payments from a hospital to a physician, it is crystal clear that with some relatively simple planning, a hospital can compensate physicians for their effort to save money. While the labelling of these payments may differ (sometimes these are referred to as gainsharing arrangements, though I prefer co-management or gainsharing), the basic idea is the hospital is paying the physician for his or her assistance in improving the economic efficiency of the hospital.

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September 20, 2017
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BLOG: Lessons learned from the Utah nurse arrest

The recent arrest of a courageous nurse at the University of Utah as she refused to allow a police officer to draw blood from an unconscious patient without a warrant offers some important lessons about preparing for interactions with police, whether they are investigating you or one of your patients.

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April 12, 2017
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An important notice you may be missing

If your clinic has an MRI or you are a hospital-employed and production-based orthopedic surgeon, then read this.