Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we address a variety of topics including a recent SCOTUS ruling and the potential impact on CMS, issues of patient...more
8/22/2024
/ Billing ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Civil Monetary Penalty ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Health Care Providers ,
Healthcare ,
Hospitals ,
HRSA ,
Interstate Compacts ,
Licensing Rules ,
Loper Bright Enterprises v Raimondo ,
Nursing Homes ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Proposed Legislation ,
Rural Health Care Providers ,
SCOTUS ,
Transparency
Welcome to our third issue of The Health Record - our healthcare law insights e-newsletter!
We are winding down the summer with our talented group of law students and they have continued to research and write, shadow...more
7/25/2024
/ Administrative Procedure Act ,
Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Insurance Industry ,
Judicial Authority ,
Legislative Agendas ,
Life Sciences ,
Loper Bright Enterprises v Raimondo ,
New Legislation ,
New Regulations ,
Pharmaceutical Industry ,
Regulatory Authority ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation ,
Technology ,
Telehealth ,
Transgender
Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more
12/21/2022
/ Covered Entities ,
Data Breach ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Disclosure ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
HIPAA Privacy Rule ,
Notice Requirements ,
OCR ,
PHI ,
Technology ,
Tracking Systems
AHA Expresses Member Support for PATCH Act, Medical Device Security "In a letter addressed to Senators Bill Cassidy (R-LA) and Tammy Baldwin (D-WI), who first introduced the PATCH Act, the AHA said that the association and...more
7/8/2022
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
GAO ,
Health Care Providers ,
Medical Devices
The PATCH Act: Protecting Medical Devices from Cyber Attacks -
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the...more
6/10/2022
/ Augmented Reality ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Popular ,
Ransomware
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the manufacturers with known cybersecurity flaws. Due to these known flaws,...more
Concerning Healthcare Data Breach Reporting Trend -
"There has been a trend in recent years for HIPAA-regulated entities to wait the full 60 days from the date of discovery of the breach to issue notifications to affected...more
2/16/2022
/ Biometric Information Privacy Act ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs)
EHR Vendor Breach Lawsuit Seeks Security Improvements -
"Patient portal hacking incident last summer affected nearly 320,000."
Why this is important: On October 22, 2021, QRS Inc., a medical practice management system...more
1/21/2022
/ Cryptocurrency ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Nanotechnology ,
Stablecoins ,
Tesla
Long-term care facilities have been the epicenter of COVID-19 infections and deaths. According to the Centers for Disease Control and Prevention (“CDC”), nursing homes and other long-term care populations are at a high risk...more
1/22/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Infectious Diseases ,
Long Term Care Facilities ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations
With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more
10/21/2020
/ Acceptance ,
Arbitration Agreements ,
Assisted Living Facilities (ALFs) ,
Commercial Litigation ,
Contract Formation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Electronic Records ,
Health Care Providers ,
Long Term Care Facilities ,
Virtual Meetings
The curve has flattened, and all fifty states are at least partially reopened. This raises a number of questions about how your facility should proceed with reopening while continuing to protect not only your residents'...more
As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other...more
5/15/2020
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Civil Liability ,
Compliance ,
Confidential Information ,
Coronavirus/COVID-19 ,
Electronic Protected Health Information (ePHI) ,
Employee Privacy Rights ,
Employee Training ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Mandatory Requirements ,
Patient Privacy Rights ,
Reporting Requirements ,
Risk Assessment ,
Risk Mitigation ,
Skilled Nursing Facility ,
Virus Testing
During this turbulent period, now is the time to evaluate your facility's admission procedures and paperwork, especially your arbitration agreement. You want to make sure that in the event of litigation they will withstand...more
The COVID-19 pandemic has had a disproportionate impact on skilled nursing and assisted living facilities. While the following CMS recommendations and guidelines identify nursing homes as the target recipients, they are...more