Does your practice pay to advertise in online directories? Or do you contract with a website to allow patients to book appointments or look for services? If the answer to these questions is “yes,” you may be interested in a...more
8/14/2023
/ Advertising ,
Advisory Opinions ,
Anti-Kickback Statute ,
Beneficiary Inducement ,
Health Care Providers ,
Healthcare ,
OIG ,
Online Advertisements ,
Online Platforms ,
Remuneration ,
Websites
Your practice receives notification that an online review has been posted about you or the medical practice. You immediately check out the review and realize that the patient has left a scathing, negative review, which you...more
In August 2022, the Alabama Department of Environmental Management (“ADEM”) published proposed changes to its rules for public comment. Specifically, the rules affect how a healthcare provider stores medical waste. If the...more
11/22/2022
/ Alabama ,
Comment Period ,
Department of Environmental Management ,
Environmental Management Systems ,
Health Care Providers ,
Healthcare ,
Pharmaceutical Waste ,
Proposed Rules ,
Public Comment ,
Surgical Waste ,
Waste Management
Telehealth is not new, but during the pandemic, it has received renewed attention and support because of its ability to expand access to health care. On April 12, 2022, Governor Ivey signed Act 2022-302 that repealed existing...more
HELPFUL HINTS -
The Federal No Surprises Act The Federal No Surprises Act (the “Act”) became fully effective on January 1, 2022. The Act protects enrollees in group and individual market plans (including ERISA plans) and...more
1/25/2022
/ Advisory Opinions ,
Anti-Kickback Statute ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare ,
Healthcare Fraud ,
Healthcare Reform ,
Healthcare Workers ,
Infectious Diseases ,
Mental Health ,
National Federation of Independent Business v Department of Labor and OSHA ,
New Legislation ,
OIG ,
OSHA ,
Surprise Medical Bills ,
Vaccinations
On January 13, 2022, the United States Supreme Court, in a 5 to 4 vote, granted the government’s request to overturn the injunction on The Centers for Medicare and Medicaid (CMS) interim final rule requiring vaccinations of...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
On November 30, 2021, the Western District of Louisiana entered an order prohibiting the U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services (“CMS”) from implementing and enforcing the...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
Resources -
Safer Federal Workforce Task Force Updates Guidance for Federal Contractors -
On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Marijuana ,
Model Contract Clauses ,
OSHA ,
Public Health Emergency ,
Regulatory Requirements ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
Helpful hints -
OIG Updates Health Care Fraud Self-Disclosure Protocol (“SDP”) -
On November 8, 2021, the OIG issued an updated SDP to providers, which included clarifications of existing guidance and increased the minimum...more
11/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Disproportionate Share Adjustments ,
Employer Mandates ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
OIG ,
Outpatient Prospective Payment System (OPPS) ,
Physician Fee Schedule ,
Self-Disclosure Requirements ,
Vaccinations
On November 4, 2021, the Centers for Medicare & Medicaid Services (“CMS”) announced its interim final rule regarding vaccination requirements for eligible staff of certain health care providers. The rule, which becomes...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Helpful Hints -
CMS Updates Nursing Home Guidance with Revised Visitation Recommendations -
On March 10, 2021, CMS announced guidance on expanding indoor visitation in nursing homes, in response to significant...more
3/24/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Labor Reform ,
Liability ,
Medical Malpractice ,
Nursing Homes ,
OCR ,
Price Transparency ,
Right of Access ,
Vaccinations ,
Visitors
On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure...more
2/23/2021
/ Civil Liability ,
Coronavirus/COVID-19 ,
Covered Entities ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Medical Malpractice ,
Negligence ,
New Legislation ,
Public Health Emergency ,
State and Local Government
Helpful Hints -
ADPH Says Vaccine Administration is Limited at this Time The Alabama Department of Public Health issued a press release on January 11, 2021, urging Alabamians to have patience in receiving the COVID-19...more
1/29/2021
/ 1135 Waivers ,
Centers for Medicare & Medicaid Services (CMS) ,
Clinical Trials ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
OCR ,
Right of Access ,
Stark Law ,
Vaccinations
With the uncertainty and ever-changing policies and guidance related to COVID-19, healthcare providers are struggling to keep up with the recommendations while also providing care in a difficult situation. Due to the...more
On May 8, 2020, Governor Kay Ivey issued an Executive Order granting civil immunity to businesses and health care providers who are responding to or impacted by the COVID-19 national pandemic....more
1) Licensure -
ADPH has issued guidance to allow a provider to add an “alternate care site.” There are two types of alternate care sites
...more
On July 23, 2018 the United States House of Representatives passed HR 1676 approving grantsto improve educational programs, research and workforce development in palliative medicine. Many outside the health care community,...more
On March 28, 2018, Alabama adopted a data privacy law, the Alabama Data Breach Notification Act of 2018 (SB318). While Alabama is one of the last states to adopt such an act, the Act is notable in its requirements, and...more
With an increased focus on opioid use and addiction, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance related to the Health Insurance Portability and Accountability Act of...more
12/13/2017
/ Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Drug & Alcohol Abuse ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Opioid ,
Pain Management ,
Patient Rights ,
Pharmaceutical Industry ,
PHI ,
Prescription Drugs ,
Substance Abuse
In June, the Pennsylvania Supreme Court issued a controversial opinion holding that a physician had to have face-to-face interaction with the patient to effectively obtain informed consent. This has raised heightened...more
In 2014, CMS issued a final rule related to 42 CFR 424.535, which gave CMS expanded authority to impose penalties on providers. Although the rule is several years old, the first version published in 2006, the rule has been...more
On October 4, 2016, The Centers for Medicare and Medicaid Services (“CMS”) released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the...more
1/19/2017
/ Centers for Medicare & Medicaid Services (CMS) ,
Elder Abuse ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Long-Term Care ,
Nursing Homes ,
Pharmacies ,
Physical Abuse ,
Quality of Care Standards ,
Reporting Requirements ,
Skilled Nursing Facility ,
Training
Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more
In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more
On May 17, 2013, Governor Bentley signed into law Act 2013-261, Ala. Code § 22-6-150 et. seq. As you may recall, the new law changed the Alabama Medicaid program from a fee-for-service program to a managed care program and...more