The North Carolina Medical Board ("Board") recently issued a guidance document describing a situation involving a physician serving as the medical director of a medical spa, where the medical spa is owned by a non-licensee....more
The Federal Trade Commission (FTC) recently proposed changes to the Health Breach Notification Rule (Rule), enacted in 2009, to clarify that the Rule applies directly to an estimated 170,000 health and wellness mobile...more
7/12/2023
/ Breach Notification Rule ,
Data Breach ,
Data Protection ,
Data Security ,
Digital Health ,
Electronic Protected Health Information (ePHI) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
PHI ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
The COVID-19 public health emergency (PHE) in the United States came to an end on May 11, 2023. Simultaneously, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced that its enforcement...more
Amid the ongoing proliferation of headlines about the mental health crisis in the United States, of which substance use disorder is a large part, the recent issuance by the U.S. Department of Health and Human Services (HHS)...more
1/18/2023
/ Comment Period ,
Data Privacy ,
Data-Sharing ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Privacy Rule ,
Medical Records ,
Mental Health ,
Patient Privacy Rights ,
Regulatory Agenda ,
Regulatory Reform ,
Substance Abuse
The Health Resources & Service Administration (“HRSA”) has begun issuing Final Repayment Notices to providers who received Provider Relief Funds (“PRF”) under the following circumstances: Providers who rejected the Terms and...more
The use of online tracking technologies, which provide valuable insights into the behaviors of website and mobile application users, has become routine in today’s online ecosystem. Companies employ tracking technologies to...more
The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more
7/13/2022
/ Abortion ,
Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
EMTALA ,
Executive Orders ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Patient Access ,
Policy Statement ,
Preemption ,
Pregnancy ,
Reproductive Healthcare Issues ,
SCOTUS ,
Women's Rights
As part of the budget appropriations law enacted on November 18, 2021, North Carolina became the first state in the nation to prohibit state agencies and local government entities from paying a ransom following a ransomware...more
Data is a critical and invaluable asset of all companies. Data privacy and security concerns affect every company, industry, and consumer. Despite this, an astonishing amount of misinformation surrounding data privacy,...more
1/20/2022
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
PHI ,
Popular ,
Vaccinations
Please join Nelson Mullins Riley & Scarborough for the 2021 South Florida Health Forum. We look forward to reconnecting with you after a year away from our annual event....more
10/20/2021
/ Cyber Attacks ,
Events ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Clinics ,
Hospitals ,
Penalties ,
Physicians ,
Publicly-Traded Companies ,
Ransomware ,
Stark Law
North Carolina Governor Roy Cooper recently issued Executive Order No. 130, which, among other things, relaxes assorted regulatory requirements affecting various health care providers in an effort to make health care and...more
As coronavirus outbreaks continue to expand across nursing facilities in North Carolina, Governor Roy Cooper issued Executive Order No. 131 on April 9, 2020. Among other directives, the Executive Order imposes mandatory...more
For the first 72 hours after a hospital institutes its disaster protocol for the COVID-19 emergency, HIPAA sanctions and penalties will be waived for:
- Failure to obtain a patient’s agreement to speak with family/friends...more
Topics to be presented:
HIPAA, Telehealth, and Other Compliance Flexibilities
Presented by Patricia A. Markus
Stark Waivers and Medicare Advance Payments
Presented by Lester J. Perling
Compliance and...more
Alex Azar, Secretary of the U.S. Department of Health and Human Services (“HHS”), declared a public health emergency related to the coronavirus pandemic (“Emergency Declaration”) on January 31, 2020. ...more
3/23/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Co-Insured Issues ,
Controlled Substances ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
FaceTime ,
Medicare ,
OIG ,
Skype ,
Telehealth ,
Waivers
Members of Nelson Mullins' healthcare team will host a 90-minute webinar to discuss the Department of Health and Human Services' and Centers for Medicare & Medicaid Services' new Stark and Anti-Kickback proposed rules, both...more
The Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (“Proposed Rule”) on October 9, 2019 to amend current regulations interpreting the Medicare physician self-referral law (the “Stark” law). ...more
Background -
Even without expanding Medicaid under the Affordable Care Act, North Carolina has over 2.1 million residents who are Medicaid beneficiaries, and a half million of these have complex behavioral health needs....more
The Centers for Medicare and Medicaid Services (CMS) issued a Request for Information (RFI) on June 20, 2018 seeking input from the public on how to address “any undue regulatory impact and burden” of the physician...more
The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more
1/23/2018
/ 21st Century Cures Act ,
ACOs ,
Confidential Information ,
Consent ,
Disclosure Requirements ,
Drug & Alcohol Abuse ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Medical Records ,
Patient Privacy Rights ,
SAMHSA ,
Subcontractors ,
Substance Abuse ,
Written Consent