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Get Ready for HIPAA Questions on Your Recognized Security Practices

An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more

Failure to X-Ray Implicates Emergency Medical Treatment and Active Labor Act

The Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) is designed to prevent patient "dumping." It applies to all individuals coming to the emergency department (ED) of a hospital that accepts Medicare...more

FTC Settlement Supports Using Caution with the "HIPAA Compliance" Label

Companies in the healthcare space sometimes tout to prospective customers that they are "Health Insurance Portability and Accountability Act (HIPAA) compliant." A recent Federal Trade Commission (FTC) settlement suggests that...more

Healthcare Law Update: February 2021

To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements...more

HITECH Act Amended to Give Businesses Brownie Points for Certain HIPAA Security Programs

On Jan. 5, 2021, the President signed into law H.R. 7898, which provides even more incentive for Health Insurance Portability and Accountability Act (HIPAA)-covered entities and business associates to develop robust security...more

Proposed HIPAA Changes to Promote Coordinated Care

Privacy revisions under the Health Insurance Portability and Accountability Act (HIPAA) may be on the horizon, with some potential changes that could benefit both patients and the healthcare industry. Other changes, if...more

Health and Human Services Proposes Federal Rules That Could Sunset Many Health Regulations

On Nov. 4, 2020, the U.S. Department of Health and Human Services (HHS) published a notice of proposed rulemaking and proposed regulatory changes that would, effectively, cause many federal healthcare regulations to disappear...more

Religious Institutions Update: July 2020

Several recent cases concern challenges to executive orders relating to COVID-19 limiting the ability of churches to assemble and imposing other limitations. Beginning with appellate decisions, these cases are summarized in...more

10 Post-Pandemic Regulatory Considerations for Telehealth Providers

Until the COVID-19 public health emergency, the incremental emergence of telemedicine and telehealth in the modern era of healthcare delivery has been primarily fueled by efforts to lower healthcare costs, coupled with the...more

What Florida Businesses Need to Know about the COVID-19 Response

This Holland & Knight alert aggregates Florida developments and will be updated on a regular basis. Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications...more

Healthcare Law Update: February 2020

Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims - In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark...more

HIPAA Settlement for Social Media Disclosure

Healthcare providers face a dilemma when patients post complaints or make other statements on social media. Just because a patient has made certain information public does not mean that the provider can also post protected...more

Changes to Florida’s Patient Brokering Act

Florida Governor Ron DeSantis recently signed House Bill 369, Chapter No. 2019-159, Laws of Florida, which became effective on July 1, 2019. The primary focus of the bill relates to substance abuse services. For example, the...more

Hospitals Sharing Space – CMS Draft Guidance for Co-Location

As new healthcare delivery models evolve, we may see an increase in hospitals that share space with other hospitals or healthcare entities. On May 3, 2019, Centers for Medicare and Medicaid Services (CMS) issued draft...more

New HIPAA Guidance for Medical App Developers

The federal Department of Health and Human Services' Office for Civil Rights, which enforces HIPAA, maintains a website with very helpful "frequently asked questions" (FAQs) regarding the HIPAA Privacy Rule and Security Rule....more

CMS Clarifies Immediate Jeopardy Guidance

When a surveyor cites "immediate jeopardy" at a provider, supplier or laboratory’s location it can lead to serious consequences, including potential fines and termination from federal healthcare programs. On March 5, 2019,...more

HHS Releases Voluntary Healthcare Cybersecurity Practices

On Dec. 28, 2018, the U.S. Department of Health and Human Services (HHS) announced the release of voluntary cybersecurity practices and tools for the healthcare industry. The documents were the result of Section 405(d) of the...more

OCR Seeks HIPAA Comments on Coordinated Care

The Department of Health and Human Services' Office for Civil Rights (OCR) has issued a Request for Information, which is scheduled for publication in the Federal Register on Dec. 14, 2018. OCR is asking the public to provide...more

$500K HIPAA Mistake for Florida Healthcare Company

Another government settlement demonstrates that not having a HIPAA compliance program can be costly. U.S. Department of Health and Human Services (HHS)'s Office for Civil Rights (OCR) announced, on Dec. 4, 2018, that Advanced...more

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

OIG Announces Cybersecurity Initiative

The Department of Health and Human Services' Office of the Inspector General (HHS OIG) announced a new cybersecurity website on Oct. 9, 2018. The OIG stated that it has formed a Cybersecurity Team made up of "auditors,...more

FDA Guidance on DSCSA Product Identifier Requirements

Members of the pharmaceutical supply chain, including drug wholesalers and manufacturers, are grappling with fast-approaching deadlines for compliance with new federal regulatory requirements. The Drug Quality and Security...more

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