Safe Harbors, Healthcare | JD Supra Law News

CMS and OIG Propose Changes to the Electronic Health Records Exception and Safe Harbor

by Thompson Coburn LLP on 4/25/2013

On April 10, 2013, the Centers for Medicare & Medicaid Services (“CMS”) and the Department of Health and Human Services Office of Inspector General (“OIG”) published parallel proposed rules revising, respectively, the Stark...more

OIG and CMS Issue Proposals to Extend Safe Harbor and Exception for EHR Donations

by Darby C. Allen, Donna S. Clark | BakerHostetler on 4/22/2013

In the April 10 Federal Register, two agencies within the U.S. Department of Health and Human Services published proposed rules that many healthcare providers have been anxiously awaiting affecting donations of electronic...more

CMS and OIG Propose Extension of Federal Stark Exception and Anti-Kickback Safe Harbor for Electronic Health Record Donations

by Ropes & Gray LLP on 4/11/2013

On Wednesday, April 10, 2013, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of the Inspector General (“OIG”) of the Department of Health and Human Services published complementary proposed rules in the...more

Health Care Client Alert: OIG and CMS Propose Extensions and Modifications to Their EHR Anti-Kickback Safe Harbor & Physician...

by Sven Collins, Melodi Gates, Mimi Hu, Stephen Nash, Michi Tsuda | Patton Boggs LLP on 4/10/2013

On Monday April 8, 2013, the Department of Health and Human Services Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) released closely aligned proposed rules to extend their parallel...more

Increased Government Scrutiny of Physician-Owned Device Distributorships

by Philip Lebowitz | Duane Morris LLP on 4/3/2013

On March 26, 2013, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) increased its scrutiny of and pressure on physician-owned entities (particularly medical device distributorships) by...more

Will Federal Protection for EHR Donations Be Extended Beyond December 31, 2013?

by Mintz Levin - Health Law on 4/1/2013

Rumors are circulating that the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General for the Department of Health and Human Services (OIG) will continue to allow the donation of electronic health...more

Countdown to 2014: Prepare for the Affordable Care Act Now

by Karen Aframe, Steve Gerlach | Bernstein Shur on 3/11/2013

Originally published in New Hampshire Business Review on March 8, 2013. The Affordable Care Act is the most important piece of employee benefits legislation since the passage of ERISA in 1974. And in the past few...more

The Affordable Care Act’s “Play Or Pay” Mandate: How It Works

by H. Vicky Chen, Margret Warrick Truax | Perkins Coie on 2/13/2013

The Affordable Care Act added the so-called “Play or Pay” mandate or “Employer Shared Responsibility” provisions to the Internal Revenue Code (the Code). Starting in 2014, certain employers may be subject to a penalty tax,...more

IRS Releases Proposed Regulations on the Affordable Care Act's Play or Pay Mandate

by Proskauer Rose LLP on 1/31/2013

On January 2, 2013, the Department of Treasury and Internal Revenue Service (collectively “IRS") published proposed regulations ("Proposed Regulations") on the Affordable Care Act's employer shared responsibility provisions,...more

Limited Relief for Employers under Health Care Reform's "Play-or-Pay" Rules

by Harry Atlas, Jennifer Spiegel Berman, Christopher E. Condeluci, Thora A. Johnson, Gregory J. Ossi | Venable LLP on 1/4/2013

Proposed regulations issued by the Internal Revenue Service on December 28, 2012 provide some relief to large employers subject to the employer-sponsored coverage mandate under health care reform. The employer mandate is...more

Proposed Regulations Issued on Employer Shared Responsibility Payments under the Affordable Care Act

by Ropes & Gray LLP on 1/4/2013

Last Friday, the Department of the Treasury issued proposed regulations on the employer shared responsibility provisions in section 4980H of the Internal Revenue Code, under which an employer may be subject to an assessment...more

OCR Issues Guidance On HIPAA Privacy Rule’s De-Identification Standard

by Ryan Blaney, Tzvia Feiertag | Proskauer - Privacy & Data Security on 12/7/2012

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (“OCR”) published a thirty-two page document titled “Guidance Regarding Methods for De-identification of Protected Health Information...more

Office of Civil Rights Releases Guidance on De-Identification of PHI Under HIPAA Privacy Rule

by M. Leeann Habte, James R. Kalyvas, Alexandre C. Nisenbaum, R. Michael Scarano Jr. | Foley & Lardner LLP on 12/4/2012

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (OCR) released long-overdue guidance on how covered entities subject to the Health Insurance Portability and Accountability Act (HIPAA)...more

Escaping HIPAA: New Guidance on De-Identifying Health Information

by Adam H. Greene | Davis Wright Tremaine LLP on 11/29/2012

HIPAA places tight restrictions on the use and disclosure of protected health information, but there are many ways to “de-identify” it, freeing it from HIPAA’s constraints. Covered entities and business associates can use...more

Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance...

by Ken Moyle on 11/26/2012

The Department of Health and Human Services Office for Civil Rights released its long-awaited guidance regarding the de-identification of protected health information in compliance with the Health Insurance Portability and...more

Helpful Guidance Issued on Employer Mandate Issues

by Tom Christina | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2012

Notice 2012-58 (August 31, 2012) describes a number of safe harbors related to the employer mandate under the Affordable Care Act. In today’s post, I want to focus on the Notice’s safe harbor method for determining the...more

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Safe Harbors › Healthcare