Emily Wein

Emily Wein

Baker Donelson

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First Stand-Alone Telemedicine Legislation Close to Becoming Law

The Expanding Capacity for Health Outcomes (ECHO) Act (S.2873) was sent to the President for approval on December 8, 2016. The ECHO Act was passed by the House on December 6, 2016, and prior to that, by the Senate on November...more

12/19/2016 - ECHO Act Health Care Providers Rural Areas Telehealth Telemedicine

New POS Code for Telehealth Distant Site Providers

A new Place of Services or POS code for Telehealth services (POS 02) will go into effect on January 1, 2017. The descriptor for the code, which is for use by the physician or other clinician furnishing telehealth services...more

12/2/2016 - Billing CMS Health Care Providers Medicare POS Codes Provider Payments Telehealth Telemedicine

CMS Clarifies Its 855R Policies

Recently CMS issued Change Request (CR) # 9552 clarifying certain Medicare provider enrollment policies in Chapter 15 of the CMS Program Integrity Manual (Pub. 100-08). The clarifications relate to the function of the 855R...more

10/11/2016 - Assignments CMS Enrollment Medicare Medicare Provider Agreements Provider Payments

Recent HHS Report Provides Insight into Government’s View of the Challenges of and Need for Expanded Telemedicine

The Department of Health and Human Services has issued, at Congress’s request, a report on the Department’s progress and efforts in the telemedicine arena, which has yet to be fully integrated within the government’s health...more

9/13/2016 - Electronic Communications Health Care Providers HHS Medical Licensure Compact Physician Medicare Reimbursements Telemedicine

Is Your Health Care Facility Prepared for an Active Shooter? [Video]

How prepared is your health care facility for the unimaginable? No one wants to think an active shooter situation could occur on their hospital campus or in their medical facility. But, the more prepared you are, the better...more

9/13/2016 - Emergency Response Exit Strategies Healthcare Facilities Law Enforcement Popular Workplace Safety

Telemedicine Gains Further Acceptance

Last month the American Medical Association (AMA) adopted ethical guidance related to the practice of telemedicine and telehealth which further expands upon the policy report on Coverage and Payment for Telemedicine [PDF] it...more

7/15/2016 - American Medical Association CMS Ethics MPFS New Guidance Physician Fee Schedule Proposed Rules State Medical Board Technology Telehealth Telemedicine

OCR Clarifies Parameters of Covered Entities' Fees for PHI Copies

The Office for Civil Rights (OCR) recently released new guidance and FAQs (OCR Guidance) addressing individuals’ rights to access their protected health information (PHI) under the Health Insurance Portability and...more

6/8/2016 - Covered Entities EHR Federal v State Law Application Fees HIPAA Patient Rights PHI Preemption

Proposed Changes to the Part 2 Regulations: Another Example of Necessary Flexibility in the Wake of Changes to Health Care...

On February 9, 2016, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations governing...more

4/14/2016 - Confidential Documents Drug & Alcohol Abuse Mental Health Patient Privacy Rights Privacy Policy SAMHSA

All Right Stop, Collaborate and Listen! CMS Is Back with Its Brand New Invention, Preparing for CJR Gainsharing

Understandably, there is anticipation surrounding the April 1st start date for CMS’s newest bundled payment program, the Comprehensive Care for Joint Replacement (CJR) program. As participant hospitals consider gainsharing...more

3/25/2016 - Bundled Payments CMS Fraud and Abuse Gainsharing Hospitals Notice Requirements Physicians Waivers

WEBINAR: Protecting Your Patients, Workforce and Visitors from Workplace Violence and Active Shooters

The Ober|Kaler Health Care General Counsel Institute presented this webinar on key considerations for health care facilities in protecting patients, workers and visitors from workplace violence and active shooter situations....more

12/28/2015 - DHS Healthcare Facilities HHS OSHA Patient Safety Workplace Safety Workplace Violence

OIG Pushes OCR to Step Up HIPAA Enforcement

In two recent reports, each with a specific focus, the OIG strongly recommended that the Office for Civil Rights (OCR) step up its HIPAA oversight and enforcement activities. One report assessed the OCR’s oversight of covered...more

10/27/2015 - Audits Civil Monetary Penalty Covered Entities Enforcement Actions HIPAA HITECH OCR OIG Patient Confidentiality Breaches Program Information Management System (PIMS)

Proposed 2016 Physician Fee Schedule Would Impact Medicare Shared Savings Program

The proposed Physician Fee Schedule for 2016 [PDF] contains several provisions that are likely to have an impact on the Medicare Shared Savings Program (MSSP). These provisions focus in large part on quality measures and the...more

7/20/2015 - ACOs Alternative Payment Models (APM) Beneficiary Designations CMS Exceptions Health Information Technologies Medicare Shared Savings Program Physician Fee Schedule PQRS Quality of Care Standards Reporting Requirements Stark Law

Medicare Shared Savings Program - 2015: What's Changed, What's New, and What's to Come?

The most recent Shared Savings Program final rule, published in the Federal Register on June 9, 2015, finalizes a number of the revisions to the original November 2011 final rule that CMS proposed on December 8, 2014. In...more

6/17/2015 - ACO Participant Agreements ACOs Benchmarks CMS HHS Medicaid Medicare Medicare Shared Savings Program Physician Medicare Reimbursements SNF Waivers

Expedited Licensure Process Supports the Continued Growth of Telemedicine

All signs show that the use and acceptance of telemedicine within the health care industry is growing. Until recently, state medical boards were not as quick to support the provision of medical services across state lines....more

2/7/2015 - Nurses Physicians Professional License Telemedicine

Preparing for an Active Shooter Incident in a Health Care Facility

The Ober|Kaler Health Care General Counsel Institute presented this webinar discussion of key considerations in addressing an active shooter situation, including specific considerations within health care facilities. Not only...more

1/28/2015 - DHS Emergency Response FBI FEMA Healthcare Healthcare Facilities HHS Law Enforcement

OHCQ Mandates Submission of Policies on Resident Access to Medical Records

Maryland nursing homes must submit their policies and procedures for resident access to and requests for medical records to the Maryland Department of Health and Mental Hygiene's Office of Health Care Quality (OHCQ) by...more

1/15/2015 - Department of Health Nursing Homes Policies and Procedures Reporting Requirements

Audits and Appeals: A Routine Cost of Doing Business with Medicare

The Centers for Medicare and Medicaid Services has unleashed an alphabet of auditors to identify overpayments. These auditors are armed with the authority to conduct pre-payment reviews, and post-payment audits, as well as...more

10/2/2014 - Auditors CMS Medicare Medicare Appeals Council

The Trend of Stricter State Data Breach Laws Continues with Florida

Florida’s new Florida Information Protection Act, Fl. Stat. § 501.171, became effective July 1, 2014. The new law repeals and replaces Florida’s existing data breach notification requirements (Fl. Stat. § 817.5681) with more...more

9/15/2014 - Breach Notification Rule Cybersecurity Data Breach FIPA HIPAA New Legislation Penalties Popular

WEBINAR: Preparing for the HITECH September Deadline - Tips for Negotiating Effective Business Associate Agreements under HIPAA

Business Associate Agreements (BAAs), in the current regulatory and technological environment, require careful review and negotiation of the implementation of the regulatory requirements. In meeting the September 23, 2014...more

7/30/2014 - Business Associates Contract Negotiations Healthcare HIPAA HITECH Negotiations Patient Privacy Rights Regulatory Standards

The Self-Referral Disclosure Protocol: Settlement and Enforcement Trends (Presentation)

The Self-referral Disclosure Protocol (SRDP) permits health care providers to voluntarily disclose violations of the federal physician self-referral law, also called the Stark law. Emily Wein has presented a webinar...more

6/20/2014 - Corporate Integrity Agreement Health Care Providers Healthcare Hospitals Medicaid OIG Self-Referral Disclosure Protocol Stark Law Voluntary Disclosure

OCR Clarifies Permitted Disclosures, Including Mental Health Care

The disclosure of mental health records and other disclosure-related issues tends to be less than clear for providers in their efforts to comply with the federal privacy rules. Such issues relate to appropriate disclosures to...more

4/2/2014 - Healthcare HIPAA Mental Health Mental Health Parity Rule OCR

Self-pay Confidentiality Rights: How Far Do Those Rights Go?

The HIPAA Privacy Rule has always provided an individual patient the right to request special, confidential treatment of his or her protected health information (PHI). That right is not absolute, however. Covered entities...more

3/28/2014 - Confidential Information Healthcare HIPAA HITECH PHI

First HIPAA Settlement with County Government

On March 6, 2014, the Department of Health and Human Services’ Office for Civil Rights settled potential HIPAA violations with the Skagit County Public Health Department in Washington State for $215,000. Initially, OCR’s...more

3/28/2014 - Data Protection EHR Healthcare HIPAA PHI Settlement

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