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 Herman
Barnett, M.D., (1926-1973), the first African-American graduate
of UTMB who also became the first African-American to serve on
the Texas State Board of Medical Examiners as well as the first
African-American elected president of the Board of Trustees of
the Houston Independent School District. A posthumous recipient
of the Ashbel Smith Distinguished Alumni Award, Dr. Barnett is
also memorialized in the distinguished professorship established
in his name in 1997.
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Q |
A
company asked me to sign a confidential disclosure agreement
so that I could discuss my intellectual property with them.
Is my signature all that is necessary? |
A |
No. Although
the inventors of the “invention” covered by the agreement
sign confidential disclosure agreements, only individuals
expressly authorized by the UTMB President may sign contracts
and agreements on behalf of UTMB. |
Q |
I
have submitted a manuscript for publication in a scientific
journal on a development that may be patentable. What is
the next step? |
A |
An Invention
Disclosure Form should be submitted to the Technology Management
Office prior to submission of a manuscript or abstract for
publication or presentation. Public disclosure prior to
protecting the invention may result in loss of certain patent
protection. |
Q |
I
am a scientific advisor and own a financial interest in
a company that is interested in licensing and/or sponsoring
research to develop my invention. Is this okay and what
are the necessary steps I need to take? |
A |
Inventors are
required to disclose a listing of significant financial
interests that would reasonably appear to be affected by
the proposed research or license agreement. The Texas Education
Code and the Regents’ Rules and Regulations have specific
requirements that must be satisfied. Contact the Technology
Management Office at (409) 772-1936 for compliance guidelines. |
Q |
One
of my very nice elderly patients feels the need for a home
health nurse. Would it hurt anything for me to authorize
a home health nurse to visit this patient even though they
probably don’t really need it? |
A |
You may not
authorize a service that a patient does not need. You could
be in violation of several Medicare laws and held liable
for a false claim as well as criminal penalties. The Medicare
program expects the physician to explain to patients why
certain services are not authorized. |
Q |
I
would like to extend a courtesy to some of my patients.
May I tell the patient that I will accept “what insurance
pays” as full payment for my charge? |
A |
No. Medicare
regulations expressly forbid a waiver of co-pay or deductible
for any patient. Moreover, our contracts with many third-party
payers require UTMB to collect the co-pay or deductible. |
Q |
Is
a faculty physician’s name required on orders for ancillary
services? |
A |
Yes. The faculty
physician name is required in order to submit a claim to
Medicare for services by an ancillary department. |
Q |
Is
a diagnosis, or reason for the test, required when ordering
lab, x-ray, or other ancillary tests? |
A |
Yes. To receive
payment, ancillary departments must include the reason for
the test on the claim. |
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| Intellectual
property. Intellectual property includes any invention,
discovery, trade secret, technology, creation, scientific or technological
development, computer software, or other form of expression of
an idea that arises from the activities of persons employed by
UTMB, anyone using UTMB facilities under the supervision of UTMB
personnel, or candidates for master’s degrees. The University
of Texas System Board of Regents owns the intellectual
property created by its students and employees if the intellectual
property is
- created by an employee within the scope of employment,
- created by an employee on UTMB time with the use of UTMB facilities
or state financial support,
- commissioned by UTMB or the University of Texas System pursuant
to a signed contract,
- fits within one of the nine categories of works considered
works for hire under copyright law, or
- results from research supported by federal funds or third
party sponsorship.
The intellectual property that a UTMB employee created must
be disclosed to UTMB well before the employee submits any information
about the intellectual property for publication, or makes any
public disclosure or even a private disclosure to a commercial
entity. Policies regarding intellectual property may be obtained
via the Internet at
http://www3.utsystem.edu/bor/rules/homepage.htm (Regents’
Rules, Part Two, Chapter 12) and http://www.utsystem.edu/ogc/intellectualproperty/index.htm
(University of Texas System Internet Policy).
Clinical
compliance. UTMB Hospitals and UTMB physicians are
committed to providing high-quality patient care and to compliance
with all applicable laws and regulations. As a teaching hospital
and medical school, UTMB intends to foster a teaching environment
by educating physicians and other employees about the laws and
regulations related to providing health care and billing for services
to patients and third-party payers. Employees and medical staff
members will receive swift disciplinary action for failure to
abide by the UTMB Standards of Conduct Guide or the Institutional
Compliance Plan.
Billing
and Reimbursement compliance. All claims for reimbursement
made by or on behalf of UTMB Hospitals or UTMB physicians shall
adhere to applicable laws and regulations, and UTMB policies.
The institution will follow all legal and regulatory guidelines
for billing hospital and physician services. UTMB shall collect
only those amounts to which the institution is entitled and promptly
refund amounts billed and/or collected in error. UTMB IHOP polices
relating to clinical collections include 9.8.1, Financial Arrangements
for UTMB Services, and 9.8.2, Unreimbursed Medical Care for Indigent
Patients. These policies may be accessed at the following Internet
address http://www.utmb.edu/policy/ihop/
Advanced
Directive Information. The 1990 federal Patient Self-Determination
Act requires that we inform patients upon admission to our hospital
that they have the right to make decisions regarding their medical
care including the right to complete an advance directive to direct
their care in a situation when they are unable to express their
wishes. Further information about advance directives and other
end-of-life decision-making is found in IHOP 9.15.5 through 9.15.8.
The Ethics Consultation Service is available to assist with practitioner
questions at (409) 747-2130.
Reporting
Specific Events. Certain external agencies require
that facilities and practitioners report specific types of events
to them.
- A medical device that cause or “contribute” to injury,
illness, or death must be reported.
- Contact Risk Management Department,
(409) 772-4775, IHOP Policy 9.13.21.
- Abuse and neglect of children, the disabled and elderly must
reported to the Department of Protective Services.
- Incidents that occur in the psychiatric setting may be reportable
to the TDH, see IHOP 9.3.9.
Reporting
Sentinel Events. A sentinel event is an unexpected
occurrence involving death or serious physical or psychological
injury, or the risk thereof to a patient, visitor, or employee.
(IHOP 9.13.16 or http://www2.utmb.edu/jcaho/sentinel_event_information.htm)
Examples include:
- Suicide of a patient in a setting where the patient receives
around-the-clock care.
- Infant abduction or discharge to the wrong family.
- Rape.
- Hemolytic transfusion reaction involving administration of
blood or blood products having major blood group incompatibilities.
- Surgery on the wrong patient or wrong body site.
- Unexpected death not related to the patient’s illness.
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