Akerman LLP - Health Law Rx

Lights, Camera, Settlement: OCR says a picture is worth $2.2 million

A New York hospital has settled with the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) for $2.2 million after allowing a TV crew for the ABC documentary series “NY Med” to film patients receiving…more
| Art, Entertainment, & Sports Law, Health, Privacy

Not a Check-the-Box Exercise: Failure to Have Signed BAA Results in Substantial Fine

A group practice that was the victim of a silver-harvesting scam has agreed to pay the U.S. Department of Health and Human Services (“HHS”) $750,000 to settle charges that it released protected health information (“PHI”) of its…more
| Civil Procedure, Health, Privacy, Science, Computers, & Technology

Florida’s Adoption of Federal Exemptions for Wholesale Drug Distribution May Benefit Pharmacies, Practitioners and Hospitals

The 2016 Florida Legislature enacted substantial legislation (Ch. 2016-212, Laws of Florida) to bring Florida’s Drug and Cosmetic Act (Ch. 499, Florida Statutes) in line with the federal Drug Supply Chain and Security Act…more
| Elections & Politics, Health, Science, Computers, & Technology

Prepare for the Unexpected with Data Storage and Retrieval

Last week, a federal court in Illinois encountered another example of unexpected events causing problematic privacy and data storage implications for a healthcare company. The non-profit organization responsible for maintaining…more
| Health, Privacy, Science, Computers, & Technology

Shhh….OCR Releases New HIPAA Audit Protocol

Just in time for the Phase 2 audits, the Department of Health and Human Services Office for Civil Rights (OCR) quietly posted the updated HIPAA Audit Protocol on its website. The new audit protocol has been updated to include…more
| Health, Privacy, Science, Computers, & Technology

Fighting Prescription Drug Abuse Gets a Little Easier for Florida Providers, Pharmacists

Pharmacies, dispensing prescribers, and certain healthcare facilities in Florida will soon have an easier time complying with controlled-substance reporting requirements. Florida established its Prescription Drug Monitoring…more
| Health

Phase 2 of HIPAA Audits Is Underway – Covered Entities and Business Associates Beware

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently announced that it has started obtaining and verifying entity contact information to identify covered entities and business associates for…more
| Health, Privacy, Science, Computers, & Technology

Surprise Medical Bills? The Florida Legislature Offers Some Relief!

With House Bill 221, the last bill to pass during the 2016 legislative session, the Florida legislature took a significant step towards reducing uncertainty for medical costs for persons with Preferred Provider Organization…more
| Elections & Politics, Health

OCR Issues New Guidance on “Reasonable and Cost-Based” Fees Associated with Medical Record Copying and Access

On February 25, 2016, the Office of Civil Rights (OCR) released a set of FAQs directed at healthcare providers and plans that are required to comply with the HIPAA Privacy Rule (the Privacy Rule). The guidance emphasizes that…more
| Health, Privacy

Federal Court finds “Systemic Failure” in Processing of Administrative Appeals for Medicare Reimbursement Claims

A win for efficiency: The AHA suit may force shorter adjudication times for Medicare administrative appeals. In 2014, the American Hospital Association (AHA), along with three hospital systems, filed suit against the U.S…more
| Administrative Law, Civil Procedure, Government Contracting, Health

New CMS rule clarifies when 60-day overpayment clock starts ticking

Four years after publication of its proposed rule related to reporting and returning overpayments within 60 days, CMS has issued a final rule that responds to comments and provides greater clarity. The published rule is under…more
| Government Contracting, Health

HIPAA Privacy Rule Now Permits Reporting for Firearms Background Checks

On January 4, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. This modification expressly…more
| Health, Privacy

ACA Reporting Deadline Is Welcome News To Employers

On December 28, 2015, the IRS announced in Notice 2016-4 that the deadlines for complying with the new reporting requirements under the Affordable Care Act (“ACA”) will be temporarily extended for purposes of 2015 coverage. The…more
| Health, Labor & Employment Law, Taxation

CMS Updates Two-Midnight Rule

The Centers for Medicare and Medicaid Services (CMS) has revised the two-midnight rule to create an exception that will allow payment under Medicare Part A for certain medically necessary hospital stays that do not extend across…more
| Health

Protecting the Blood Supply During a Future Ebola Outbreak

It has been more than a year and a half since the Ebola outbreak began racing across western Africa. According to the U.S. Centers for Disease Control & Prevention (CDC), more than 28,000 people have been infected. Although the…more
| Health
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Contact: Kirk S. Davis, Healthcare Practice Group Chair

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