As health care providers across the country take steps to initiate or increase use of telehealth to provide patient care while complying with “social distancing” or “shelter in place” directives, federal and state...more
On March 26, 2020, Gov. Bill Lee issued Executive Order No. 20 amending previous Executive Order No. 15, which significantly modified various licensing and other entry barriers to providing care amidst the COVID-19 crisis....more
As we begin to grapple with the unprecedented challenges arising out of the COVID-19 outbreak, a question that many employers are being faced with is this – what information can we disclose, and to whom can we disclose it,...more
Are you a health care vendor that does business in California? If so—and keep in mind that the concept of "doing business" in California may be broader than you expect—there are new, expansive data privacy requirements that...more
Since the major HIPAA overhaul implemented in 2013, there have been few changes to HIPAA privacy, security, and breach notification regulations. However, several HIPAA regulatory changes may now be on the way...more
7/16/2018
/ Accounting ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Electronic Medical Records ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
HITECH Act ,
Regulatory Agenda ,
Trump Administration
When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more
3/12/2018
/ Business Litigation ,
Consequential Damages ,
Contract Drafting ,
Contract Terms ,
Damages ,
Early Stage Companies ,
License Agreements ,
Limitation of Liability Clause ,
Punitive Damages ,
Software Developers ,
Startups
Texting by physicians and other health care providers has long been a hot topic due to the privacy and security considerations involved, although HIPAA and state laws have generally been at the center of this discussion....more
2/5/2018
/ Centers for Medicare & Medicaid Services (CMS) ,
Conditions of Participation (CoP) ,
Data Protection ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medical Records ,
Medicare ,
Patient Privacy Rights ,
Regulatory Standards ,
Text Messages ,
Texting
Due to recent TennCare changes, health care providers not registered with TennCare should consider registering to avoid issues in prescribing for TennCare patients and to preserve TennCare revenue. ...more
It has now been a number of years since the enactment of Section 6402(a) of the Affordable Care Act ("ACA"), which requires among other things that any recipient of a Medicare or Medicaid overpayment report and return it...more
Recent events highlight the fact that threats to customer and patient data continue to increase. In recent months, government agencies, news outlets, and others have spent considerable time investigating and reporting on...more
The U.S. Supreme Court, in its June 12, 2017, decision, Henson v. Santander Consumer USA, Inc., resolves and clarifies key questions with respect to the applicability of the Fair Debt Collection Practices Act ("FDCPA") in a...more
Recent settlements and initiatives conducted by the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services highlight the continuing need for focus on compliance with the privacy and security...more
Businesses in the State of Tennessee should take note of several significant changes to Tennessee's data breach statute that take effect for data breaches occurring on or after July 1, 2016.
Currently, Tennessee Code...more
The U.S. Department of Health and Human Services Office of Inspector General (the "OIG") recently issued a rare fraud alert warning physicians to ensure that their compensation arrangements, such as medical directorships,...more
The Center for Medicare & Medicaid Services ("CMS") recently posted on its website an article indicating that, as part of enhanced screening provisions in the Affordable Care Act, it will phase in a new fingerprint-based...more
Providers participating in the Medicare and Medicaid Electronic Health Record ("EHR") incentive programs should be mindful that failure to comply with the requirements of the Health Insurance Portability and Accountability...more
Under the recently enacted Health Information Technology for Economic and Clinical Health (HITECH) Act, and implementing regulations, the definition of the HIPAA term "Business Associate" has been expanded. A "Business...more
A recent Health Insurance Portability and Accountability Act ("HIPAA") settlement, which is notable as the first HIPAA settlement with a covered entity for failure to have policies and procedures in place to comply with...more
On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc.,...more