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OIG Plans New Guidance for Medicare Advantage and Nursing Homes

In its General Compliance Program Guidance (GCPG) issued in November 2023, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) announced its intent to publish industry segment-specific...more

Key Takeaways From McGuireWoods’ Webinar on HIPAA and Cybersecurity for Medical Device Companies

On Jan. 17, 2024, McGuireWoods partners Kimberly Kannensohn and Sam Bernstein conducted a webinar regarding how the Health Insurance Portability and Accountability Act (HIPAA) applies to medical device companies and certain...more

OIG’s New Compliance Guidance: 10 Action Items and Six Themes for Providers

On Nov. 6, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued the General Compliance Program Guidance (GCPG) for healthcare providers and other industry stakeholders. The GCPG...more

Illinois Supreme Court: Certain Collected Biometric Data Is Exempt From BIPA Protections

On Nov. 30, 2023, the Illinois Supreme Court, in Mosby v. The Ingalls Memorial Hospital et al., held that certain healthcare providers’ biometric data, used for healthcare operational purposes under the Health Insurance...more

Office for Civil Rights Settlement May Signal Increasing Scrutiny for Ransomware Attacks

On Oct. 31, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced it had settled with Doctors’ Management Services Inc. (DMS) over a self-reported ransomware attack that occurred in...more

Homeland Security and HHS Release Interactive Healthcare Cybersecurity Toolkit

On Oct. 25, 2023, in light of a “significant rise in the number and severity of cyber-attacks against hospitals and health systems in the last few years,” the U.S. Department of Homeland Security Cybersecurity and...more

HHS Proposes Information Blocking Disincentives to Complement Existing Penalties

On Nov. 1, 2023, the Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator (ONC) issued a proposed rule, the “21st Century Cures Act:...more

CMS Issues End-Stage Renal Disease Prospective Payment System Final Rule for 2024

On Oct. 27, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that will increase payments to end-stage renal disease (ESRD) facilities in calendar year (CY) 2024. The ESRD prospective payment system...more

FDA Establishes and Solicits Nominations for Digital Health Advisory Committee

On October 11, 2023, the U.S. Food and Drug Administration (FDA) announced that it will create and accept nominations for a new Digital Health Advisory Committee (DHA Committee) that will counsel the FDA on various issues...more

HHS Advisory Opinion Approves Profit-Based Bonus Plan for Bona Fide Physician Employees

On Oct. 13, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion 23-07 approving a multispecialty physician practice’s proposal to pay bonuses to each of its...more

Successive HIPAA Breaches Lead to $1.3 Million Settlement for Nation’s Largest Public Health Plan

On Sept. 11, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that the Local Initiative Health Authority for Los Angeles County (LA Care) entered into a $1.3 million settlement...more

Mobile App Company Resolves DOJ and FTC Allegations of Health Breach Notification Rule and FTC Act Privacy Violations

On June 23, 2023, the Department of Justice (DOJ) and Federal Trade Commission (FTC) announced a stipulated resolution with Easy Healthcare Corporation to address allegations that Easy Healthcare violated Section 5 of the FTC...more

Private Equity in Healthcare – An Updated Review of Selected Niche Investment Areas

Since mid-2022, the macro acquisition environment has faced the challenges of inflation and increasing interest rates, among a variety of other headwinds. Global deal flow is down from its 2021 peak. Yet, as this white paper...more

FTC Proposes Modifying Health Breach Notification Rule for Non-HIPAA Entities

In an effort to formalize its Sept. 15, 2021, Statement of the Commission on Breaches by Health Apps and Other Connected Devices, as previously discussed in a McGuireWoods Oct. 5, 2021, alert, the Federal Trade Commission...more

HIPAA Privacy Rule Changes Coming in 2023: Five Steps to Prepare

In 2023, the Department of Health and Human Services (HHS) is expected to finalize proposed modifications to its regulations under the Health Insurance Portability and Accountability Act of 1996, as modified by the Health...more

HIPAA Enforcement Discretion Ends When Public Health Emergency Expires on May 11

The Department of Health and Human Services’ Office for Civil Rights (OCR) announced the expiration of its enforcement discretion related to compliance with the Health Insurance Portability and Accountability Act of 1996...more

Distributor of Ophthalmic Surgical Products Found Guilty of Paying Kickbacks and Violating the False Claims Act: May Be Liable For...

On February 28, 2023, a federal jury in the District of Minnesota found the Cameron-Ehlen Group, d/b/a Precision Lens, and its founder and owner Paul Ehlen (the “Defendants”) guilty of paying kickbacks to ophthalmic surgeons...more

Physicians and Their Employers Must Notify California Patients About Open Payments Database

Under a new California law, effective Jan. 1, 2023, physicians and their employers must begin notifying their California patients during a patient’s initial visit of the Open Payments database, and documenting such notice in...more

CMS Issues ESRD Prospective Payment System Final Rule for 2023

Rule Addresses Rate Increases, Outlier, Add-On and ETC Model Payments, Oral-Only Drugs and QIP Reporting - On Oct. 31, 2022, the Centers for Medicare & Medicaid Services issued a final rule implementing an increase in...more

CMMI Releases Request for Applications for Kidney Care Choices Model, Performance Year 2023

On Feb. 28, 2022, the Center for Medicare and Medicaid Innovation (CMMI) published a Request for Applications for the second cohort of the Kidney Care Choices (KCC) Model, including the Centers for Medicare & Medicaid...more

Arizona Passes Broad Telehealth Law With Audio-Only Coverage

In response to the COVID-19 public health emergency (PHE), many states expanded access to healthcare via telehealth through regulatory waivers. Experts have speculated how governments will regulate and reimburse telehealth...more

Cyber-Insurance Considerations for Healthcare Providers Related to Ransomware Attacks

On May 7, 2021, the operator of a major pipeline system that transports fuel across the East Coast fell victim to a ransomware attack that resulted in a six-day shutdown. Over the following week, East Coast stockpiles of...more

HHS Extends Public Comment Period for Proposed HIPAA Privacy Rule Changes

On March 9, 2021, the Department of Health and Human Services (HHS) announced an extension of the public comment period from March 22, 2021, to May 6, 2021, for its proposed modifications to regulations implementing the...more

CMS Delays Start of First Performance Year Period for Kidney Care Choices Model

On March 5, 2020, the Centers for Medicare & Medicaid Services (CMS) Innovation Center announced that it is delaying the inception of the Kidney Care Choices (KCC) Model’s first performance year until Jan. 1, 2022. The CMS’...more

Department of Health and Human Services Announces Proposed Changes to the HIPAA Privacy Rule

On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for...more

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