Susan J. Freed

Susan J. Freed

Davis Brown Law Firm

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Health Law Blog: Court Strikes Down Tax Credit Provision for Low Income Americans Participating Through Federal and Federal/State...

Yesterday, the United States Court of Appeals for the District of Columbia ruled the IRS’ interpretation of a key ACA provision is invalid. Specifically, the court found that the IRS did not have the authority to interpret...more

7/23/2014 - Affordable Care Act Appeals Health Insurance Health Insurance Exchanges Healthcare IRS Tax Credits

Health Law Blog: County Government Settles Alleged HIPAA Violations

A small county in Washington has agreed to pay $215,000 to settle allegations that it violated HIPAA by failing to secure electronic protected health information. Skagit County maintained protected health information (“PHI”)...more

3/17/2014 - Data Breach Data Protection EHR Governmental Liability Healthcare HIPAA PHI

Health Law Blog: President Obama Raises Minimum Wage for Federal Contractors

On February 12, 2014 President Obama signed Executive Order 13658 requiring federal contractors to pay a minimum rate of pay of $10.10 per hour. The new rate goes into effect for new contracts or “contract-like instruments”...more

2/26/2014 - Executive Orders Federal Contractors Minimum Wage

Final Rules Relating to Employer Mandate Released

On Monday, Feb. 10, the Obama Administration issued final rules implementing the employer mandate and providing welcome relief for many employers. The rules will delay compliance for employers with between 50 and 99...more

2/12/2014 - Affordable Care Act Compliance Delays Final Rules Obama Administration

Covered Entity Fined $150,000 For Stolen Unencrypted Thumb Drive

HHS recently announced that it fined a dermatology practice $150,000 for failing to reasonably safeguard an unencrypted thumb drive and failing to conduct an accurate and thorough risk analysis of electronic PHI....more

1/15/2014 - Covered Entities Encryption Fines HHS HIPAA HITECH

Regulators Provide ACA Guidance on Volunteer Emergency Workers

On Friday, the Department of Treasury announced on its blog that it intends to provide an exemption to the employer penalty provisions for volunteer firefighters and emergency services personnel. According to its blog post,...more

1/15/2014 - Affordable Care Act Emergency Response Firemen Healthcare Volunteers

Health Law Blog: Court's Decision Another Reminder to Hospitals To Use Caution in Calculating Physician Productivity Bonuses

November, a federal district court granted partial summary judgment for the Department of Justice in U.S. ex. Rel. Baklid-Kunz v. Halifax Medical Center, ruling that productivity bonuses paid to employed physicians violated...more

1/14/2014 - Bonuses DOJ Healthcare Healthcare Professionals Incentive Compensation Physicians Stark Law

Additional Health Care Reform FAQs Issued

This morning the Department of Labor, Health and Human Services and the Treasury Department released additional Frequently Asked Questions relating to implementation of the Affordable Care Act. Among the topics discussed...more

1/10/2014 - Affordable Care Act DOL Healthcare Healthcare Reform HHS U.S. Treasury

DOL Releases Final Mental Health Parity Rules

Last week the US Department of Labor (“DOL”) issued final rules implementing the Mental Health Parity & Addiction Equity Act of 2008. These rules replace interim rules published by the DOL in February 2010. ...more

11/11/2013 - DOL Mental Illness

Health Law Blog: HIPAA Update: Don't Forget Your Photocopiers

Affinity Health Plan has agreed to pay more than $1.2 million to settle potential violations of the HIPAA Privacy and Security Regulations....more

8/16/2013 - CBS Data Protection HIPAA HIPAA Omnibus Rule Medical Records OCR Privacy Laws

Health Care Reform Blog: Play or Pay Rules Delayed

Tuesday evening the Treasury Department announced that it would delay enforcement of the employer shared responsibility penalty provisions, often referred to as “Play or Pay”, until 2015....more

7/3/2013 - Affordable Care Act Delays Employer Mandates Healthcare Pay or Play Shared Responsibility Rule Tax Penalties U.S. Treasury

Health Care Reform Blog: IRS Releases Updated Form 720 for PCORI Fee Reporting

Earlier this week the IRS released the updated Form 720 which plan sponsors and third party administrators must utilize when reporting the Patient Centered Outcome Research Fee....more

6/7/2013 - Fees Form 720 Healthcare IRS PCORI Reporting Requirements

Health Care Reform Blog: Bare Bones" Health Plans- Are They Legal?

You may have woken up today to media reports of large employers exploring the idea of dropping traditional health plans in favor of very limited health care plans as a way to lessen the burden imposed on large employers for...more

5/21/2013 - Affordable Care Act Employer Group Health Plans Healthcare Minimum Essential Coverage

Health Care Reform Blog: DOL Releases Model Health Insurance Marketplace Notice For Distribution by Employers

Today the Department of Labor released guidance and model notices for employers to use when informing employees of the availability of health insurance on the statewide exchange....more

5/9/2013 - DOL Health Insurance Exchanges Healthcare Marketplace Notice Notice Requirements

Health Care Reform Blog: IRS Releases 2014 Out of Pocket Maximum Limits

In 2014 non-grandfathered plans will not be allowed to have an out of pocket maximum greater than that allowed for high deductible health plans....more

5/6/2013 - Deductions IRS Out-of-Pocket Expenses

Health Care Reform Blog: IRS Proposes Additional Minimum Value Rules

Last Friday the IRS released additional proposed regulations implementing the minimum value requirement for coverage sponsored by employers with 50 or more FTEs. The proposed rules provide that amounts contributed by...more

5/6/2013 - Alternative Minimum Tax Employer Group Health Plans IRS Medical Reimbursement Proposed Regulation

Health Law Blog: OCR Launches Nationwide Review of CAH Language Access Policies

The Office of Civil Rights for Health and Human Services is launching a nationwide review of the language access policies of critical access hospitals following a 10 state review in 2012. These reviews will include an...more

5/6/2013 - Critical Access Hospitals Healthcare Hospitals OCR

Health Care Reform Blog: SBC Form Revised/New FAQs Released

Earlier this week the Agencies issued a revised Summary of Benefits & Coverage (“SBC”) template for use in describing health plan coverage that begins on or after January 1, 2014 and before January 1, 2015. ...more

4/26/2013 - Healthcare Minimum Essential Coverage SBC

Health Care Reform Blog: SHOP Exchange Delay?

Last month HHS proposed regulations that would delay implementation of the employee choice requirement in SHOP Exchanges until 2015. We’ve received a number of calls asking what the delay means....more

4/4/2013 - Health Insurance Exchanges Healthcare HHS SHOP Program

Health Law Blog: OIG Releases Special Fraud Alert for Physician Owned Implant Distributorships

Yesterday the Office of the Inspector General (OIG) released a special fraud alert addressing physician ownership in entities that derive revenue from implantable medical devices. While such arrangements are not per se...more

3/27/2013 - Anti-Kickback Statute Fraud Medical Devices OIG Physicians

Health Care Reform Blog: Waiting Period Regulations Published

Yesterday HHS, IRS, and DOL published proposed regulations implementing the waiting period restrictions of the Affordable Care Act. As expected, health plans may not impose a waiting period that is longer than 90 days from...more

3/25/2013 - Affordable Care Act DOL Healthcare Statutory Waiting Period

Health Care Reform: Additional ACA Guidance on Preventative Care Coverage Released

Today federal regulators released additional guidance on the Affordable Care Act’s preventative care requirements for non-grandfathered plans, including additional information on contraceptive coverage. ...more

2/21/2013 - Affordable Care Act Contraceptive Coverage Mandate Cost-Sharing FDA Generic Drugs Non-Grandfathered Health Plans Women's Preventable Healthcare Mandates

Health Law: Hospice pays $50,000 for Failing to Conduct HIPAA Security Risk Assessment; Inadequate Security Policies

A small non-profit hospice in Idaho agreed to pay $50,000 to settle allegations that it violated the HIPAA security regulations. The allegations stemmed from a report made to HHS by the hospice after a laptop containing...more

2/11/2013 - Data Protection HIPAA Medical Records OCR PHI Risk Assessment

Health Care Reform Blog: HHS Releases Proposed Rules on Contraceptive Coverage for Religious Organizations

Today HHS released proposed rules outlining how religious organizations that object to contraception on religious grounds can comply with the Affordable Care Act’s requirement that non-grandfathered health plans cover...more

2/4/2013 - Affordable Care Act Contraceptive Coverage Mandate HHS Non-Grandfathered Health Plans Religious Institutions

Health Law Blog: Final HIPAA Rules Released

Yesterday, the U.S. Department of Health and Human Services (HHS) released the long-awaited final rules implementing changes to the HIPAA privacy and security rules enacted in 2009 by the HITECH Act....more

1/18/2013 - Data Breach Data Protection HHS HIPAA HIPAA Omnibus Rule HITECH

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