On August 4, 2016, the Office for Civil Rights (“OCR”) of the U.S. Health & Human Services Department (“HHS”) announced a $5.55 million HIPAA settlement with Advocate Health Care Network (“Advocate”), the largest...more
8/24/2016
/ Business Associates ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Encryption ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Audits ,
OCR ,
PHI ,
Risk Management ,
Settlement ,
Training
A recent U.S. Supreme Court decision reminds us that straying into the land of the Employee Retirement Income Security Act of 1974 (“ERISA”) can be hazardous for an unwary state or health care provider. When ERISA preempts a...more
The University of Rochester Medical Center (“URMC”) recently agreed to pay a $15,000 penalty for providing patient names, addresses, and diagnoses to a departing nurse practitioner (“NP”) without first obtaining authorization...more
On October 1, 2015, the United States Court of Appeals for the Seventh Circuit reversed what was previously regarded as a victory for the Pennsylvania Chiropractic Association. The case, Pennsylvania Chiropractic Association...more
The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more
9/17/2015
/ Cell Phones ,
Compliance ,
Debt Collection ,
Debt Collectors ,
Declaratory Rulings ,
FCC ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospitals ,
Opt-Outs ,
Pharmacies ,
Prior Express Consent ,
Privacy Laws ,
Right to Privacy ,
Robocalling ,
Smartphones ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Walgreens
Lions and Tigers and Bears, Oh My! The Unexpected Laws that May Affect Your Telehealth Business -
An increasing number of health care providers are exploring telemedicine, either as an adjunct to their primary physical...more
9/16/2015
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
FCC ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medicaid ,
Medical Devices ,
Medicare ,
OIG ,
Patient Self-Referral ,
Right to Privacy ,
Robocalling ,
Stark Law ,
TCPA ,
Telehealth ,
Telemedicine
Justice Roberts delivered the opinion of the U.S. Supreme Court today in King v. Burwell. In a 6 to 3 decision, the Court upheld an interpretation of the Affordable Care Act which permits premium tax credits for individuals...more
According to a press release from the Department of Justice, Citizens Medical Center (“CMC”), a county-owned hospital in Victoria, Texas, will pay $21,750,000 to the federal government to settle allegations that it entered...more
In a press release dated March 10, 2015, the CMS Innovation Center announced what it called the Next Generation ACO Model. For health care providers, this opens a new opportunity for developing an integrated model of care. ...more
You changed the batteries in your flashlights and smoke detectors, but did you revise your charity care and discount payment policies prior to the stroke of midnight on December 31, 2014? A new law, SB1276, took effect in...more
On October 3, 2013 the U.S. Department of Health and Human Services Office of the Inspector General (“OIG”) published a proposed rule (“PR”) entitled:
Medicare and State Health Care Programs: Fraud and Abuse; Revisions...more
Federal antitrust laws prohibit hospital systems, like other businesses, from using a dominant market position to exclude competitors and restrain trade. Recently, e-mail communications exchanged between a...more
In this Issue:
- AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less?
- Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction
- New Faces
- Points from the...more
6/12/2014
/ Antitrust Provisions ,
Benefit Plan Sponsors ,
Billing ,
Confidential Information ,
Data Protection ,
Email ,
Employee Benefits ,
Healthcare ,
Medicare ,
MICRA ,
Patient Self-Referral
On January 1, 2014, AB 1000 went into effect. It is a combination of two bills: (1) AB 1000 for direct consumer access to physical therapy, and (2) AB 1003, sponsored by the California Medical Association, to permit...more
- What does the Affordable Care Act (aka “Obamacare”) require of employers in 2014?
Beginning January 1, 2014, every “large employer” will be subject to Affordable Care Act penalties if at least 95 percent ...more
As an increasing number of health care providers move to electronic health record systems, patient privacy is becoming a serious concern. On January 25, 2013, new regulations under the Health Insurance Portability and...more
There is a lot of confusion among providers caused by therecent publication of new rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). On January 25, 2013, the HIPAA final omnibus rule...more