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CMS Seeks Recommendations On How To Regulate Individual and Small Group Health Insurance Markets

On June 8, 2017, CMS issued a statement announcing a request for information (RFI) seeking recommendations and input from the public “on how to create a more flexible, streamlined approach to the regulatory structure of the...more

New Mexico Enacts Data Breach Notification Law

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law; the Data Breach Notification Act (the “Act”) will go into effect on June 16, 2017. The good news for many in the health care...more

Draft GOP Affordable Care Act (ACA) Repeal and Replacement Leaked

On Friday, February 24, 2017, Politico released details of a leaked draft House GOP “repeal and replace” bill (Draft) aimed at dismantling key provisions of the ACA, including Medicaid expansion, the individual mandate,...more

Substance Abuse and Mental Health Services Administration (SAMHSA) Issues Confidentiality of Alcohol and Drug Abuse Patient...

On January 13, 2017, SAMHSA issued a Final Rule updating the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2). SAMHSA also issued a Supplemental Proposed Rule requesting comments on...more

HHS OIG Issues Report on CMS’s Management of the Quality Payment Program

On December 21, 2016, the HHS OIG posted a report summarizing its early review of CMS’s management of the implementation of the Quality Payment Program (QPP) and related findings (“Report”). The Report concludes that, while...more

Federal District Court Finds Hospital-Owned Urgent Care Center Must Comply with EMTALA

On November 1, 2016 the U.S. District Court for the District of Rhode Island denied a hospital-owned urgent care center’s summary judgment motion, contending that the federal Emergency Medical Treatment and Active Labor Act...more

Texas Medical Board Drops its Fifth Circuit Appeal To Bar Antitrust Challenge

On October 17, 2016, the U.S. Court of Appeals for the Fifth Circuit granted the Texas Medical Board’s (“Board”) motion to voluntarily dismiss its appeal of the District Court’s decision on sovereign immunity in its latest...more

Republican Lawmakers Voice Concern About Medicare Fraud Prevention

On September 12, 2016, Republican leaders of the House Ways and Means Committee, Energy and Commerce Committee, and Committee on Finance wrote a letter to the acting CMS administrator requesting information regarding CMS’s...more

FDA Finalizes Wellness Product Guidance

The Food and Drug Administration Safety Innovation Act of 2012 (“FDASIA”) required a collaborative effort by the Food and Drug Administration (“FDA”), Federal Communications Commission and Office of the National Coordinator...more

Office of Civil Rights Posts HIPAA Phase II Audit Guidance and Advocate Health Care Settlement Information

The Office of Civil Rights (OCR) recently uploaded two items of interest: information regarding the largest penalty to date against a single entity, Advocate Health Care Network (Advocate), and HIPAA Phase II Desk Audit...more

CMS Issues Medicare Physician Fee Schedule Proposed Rule

On July 7, 2016, CMS issued a proposed rule that updates payment policies, payment rates, and quality provisions for services furnished under the Medicare Physician Fee Schedule (PFS) on or after January 1, 2017 (Proposed...more

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