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It’s “Personal”– An Expansion of What Qualifies As “Personal Information” Under Pennsylvania’s Data Breach Notification Law

In Pennsylvania, data breach notification is governed by the Breach of Personal Information Notification Act (“the Act”). Originally codified in 2005, the Act addresses the security of computerized data and the notification...more

BREAKING NEWS: PA Supreme Court Amends Venue Rule for Medical Malpractice Matters

Today the Pennsylvania Supreme Court issued an Order amending PA’s rule of civil procedure pertaining to venue. The Court’s amendment eliminates the provision, put in place nearly two decades ago, which mandated that medical...more

Are Telehealth Laws Here to Stay? A Survey of Legislation in NJ, DE, NY, PA and MA

As COVID-19 vaccines continue to roll out across the county, there is uncertainty as to whether certain telehealth laws that significantly impacted healthcare providers, payors and patients during the public health emergency...more

Recent Case Impacts HIPAA and HITECH Act Penalties

The U.S. Department of Health and Human Services (HHS) enforces the privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and...more

Protecting Access to Post-COVID-19 Telehealth Act Reintroduced to Congress

This week, a bipartisan group of lawmakers reintroduced the Protecting Access to Post-COVID-19 Telehealth Act to the U.S. House of Representatives. Telehealth has expanded both at the individual provider and hospital system...more

HITECH Act Amendment Offers New Incentive to Reduce Fines and Other Remedies

Just in case your office or company is in the process of compiling a “to-do” list for 2021, here is one item that should have your full attention. On January 5, 2021, an amendment to the HITECH Act (H.R.7898) was signed into...more

Federal Advisory Warns Hospitals Facing “Increased and Imminent” Cyber Threat; 400 Hospitals Already Targeted

A Joint Cybersecurity Advisory (the Advisory) by the Cybersecurity & Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI) and the Department of Health & Human Services (HHS) has warned of an...more

Human Research in the COVID-19 World: Boundaries, Obligations and Guidance

The spread of the novel coronavirus (COVID-19), and implementation of assorted regulations and guidelines, raise concerns over the impact on clinical testing, data collection for virus tracking and seeking a cure....more

HHS Office of Civil Rights Reinforces Preclusion of Discriminatory Treatment Denials

Facing an onslaught of patients which is expected to exceed hospital capacity, as well as supplies and equipment availability, several recent reports indicate healthcare institutions are considering basing treatment decisions...more

COVID-19 Pandemic Relief for Healthcare Providers Participating in Quality Reporting Programs

On March 22, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it is granting exceptions and extensions related to upcoming measure reporting and data submission requirements for clinicians, providers and...more

Mere Disagreement or Knowing Falsehood: The Circuit Split on False Claims Act "Falsity"

On March 4, 2020, the Third Circuit Court of Appeals held in United States ex rel. Druding v. Care Alternatives, No. 18-3298, 2020 U.S. App. LEXIS 6795 (3d Cir. Mar. 4, 2020) that a difference of opinion between a medical...more

Pennsylvania MCARE’s Statute of Repose Declared Unconstitutional

In Yanakos v. UPMC, the Pennsylvania Supreme Court, in a 4-3 decision, struck down the seven-year statute of repose in the Medical Care Availability and Reduction of Error (MCARE) Act as unconstitutional. MCARE’s statute of...more

CMS Finalizes Policies to Expand Telehealth Access for Patients

On April 5, 2019, the Centers for Medicare & Medicaid Services (CMS) announced it had finalized policies which will increase plan choices and benefits, including allowing Medicare Advantage (MA) plans to include additional...more

Legislation Introduced in Pennsylvania to Provide Nurse Practitioners Full Practice Authority

Pennsylvania State Senator, Camera Bartolotta, recently re-introduced legislation seeking to modernize Pennsylvania’s Professional Nursing Law to allow qualified Advanced Practice Registered Nurses (APRNs) to practice in...more

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