CMS Issues Proposed OPPS Rule for CY 2019

by K&L Gates LLP
Contact

K&L Gates LLP

On July 31, 2018, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule for the Medicare Hospital Outpatient Prospective Payment System (“OPPS”) and the Medicare Ambulatory Surgical Center payment system and quality reporting programs for Calendar Year (“CY”) 2019 (“OPPS Proposed Rule”) in the Federal Register. [1] The OPPS Proposed Rule contains a number of important changes, including changes to reimbursement for off-campus hospital outpatient provider-based departments (“PBDs”) not subject to the site-neutral payment rule implemented under Section 603 of the Bipartisan Budget Act of 2015. If finalized as proposed, the changes would result in substantial payment cuts to these PBDs beginning January 1, 2019. In addition, the OPPS Proposed Rule includes a proposal to collect data on services in off-campus emergency departments and changes to reimbursement for certain drugs and biologicals and hospital outpatient clinic visits in off-campus PBDs.

We have highlighted some key aspects of the OPPS Proposed Rule below and plan to follow-up with additional detail in subsequent alerts on a number of these areas. Comments are due by September 24, 2018.

Proposal to Limit Service Expansion for Excepted Off-Campus Provider-Based Departments
In the OPPS Proposed Rule, CMS proposes to limit the items and services that an excepted off-campus PBD can bill under OPPS to those items and services that are within the clinical families of services furnished during an applicable base line period by each such excepted off-campus PBD and subsequently billed. [2] CMS included a similar limitation in its initial proposal to implement the site-neutral payment rule for CY 2017. [3] Ultimately CMS did not adopt that proposal, after many commenters expressed concerns regarding a lack of statutory authority for such a limitation and regarding the operational and administrative burden of implementation. [4] 

Consistent with its CY 2017 proposal, CMS has organized the clinical families into 19 groupings of ambulatory payment classifications (“APCs”), listed in Table 32 of the OPPS Proposed Rule. [5] Beginning January 1, 2019, any item or service belonging to a clinical family from which the excepted off-campus PBD did not furnish an item or service during the applicable baseline period would be considered a service expansion and would need to be billed with a “PN” modifier, triggering site-neutral payment (currently proposed to be 40% of OPPS reimbursement). [6]

The applicable baseline periods as proposed are as follows: [7]

  • For off-campus PBDs first furnishing services reimbursed under OPPS prior to November 1, 2014, the proposed baseline period is November 1, 2014 through November 1, 2015.
  • For off-campus PBDs first furnishing services reimbursed under OPPS between November 2, 2014 and November 1, 2015, the proposed baseline period will be a one year period beginning on the first date (prior to November 2, 2015) on which the excepted off-campus PBD furnished items or services reimbursed under OPPS.
  • For off-campus PBDs that have been determined by CMS to meet the mid-build exception (i.e., were being developed as of November 2, 2015 and met the other statutory requirements), but did not provide items or services reimbursed under OPPS until later, the proposed baseline period will be one year period beginning on the first date the excepted off-campus PBD furnished items or services reimbursed under OPPS.

Off-Campus Emergency Department Data Collection
CMS proposes to create a new claims modifier for services furnished in off-campus provider-based emergency departments. In the OPPS Proposed Rule, CMS indicates that it has observed a noticeable increase in the number of hospital outpatient emergency department visits furnished under OPPS since 2010 [8] and is interested in developing data to assess the extent to which OPPS services are shifting to off-campus provider-based emergency departments. [9] To develop the data, CMS proposes to create a HCPCS modifier (ER - Items and services furnished by a provider-based off-campus emergency department) that will be required to be reported with every claim line for outpatient hospital services furnished in an off-campus provider-based emergency department. [10]

Proposed Reimbursement Cut for Hospital Outpatient Clinic Visits
CMS proposes a significant reimbursement cut to hospital clinic visits furnished in otherwise excepted off-campus PBDs. [11] While an excepted off-campus PBD would continue to bill HCPCS code G0463 (hospital outpatient clinic visit for assessment and management of a patient) with the “PO” modifier (excepted service provided at an off-campus, outpatient, provider-based department of a hospital) in CY 2019, the payment rate for such services would be equivalent to the payment rate for services described by HCPCS code G0463 when billed with modifier “PN”. [12] That is, CMS will pay the site-neutral payment rate (as noted above, proposed to be 40% of OPPS for CY 2019) for clinic visits in otherwise excepted off-campus PBDs. [13]

Further, CMS proposes to implement this reimbursement change in a non-budget neutral manner. [14] Accordingly, CMS is characterizing the change as a “volume control method” and is relying on its authority under section 1833(t)(2)(F) of the Social Security Act. [15] As proposed, this change would not affect reimbursement for the facility fee associated with hospital outpatient clinic visits furnished in on-campus PBDs or PBDs on the campus of a remote location of a hospital, as the “PO” modifier is not required for services furnished in those locations.

Drug Reimbursement Changes

  • 340B Reimbursement Cut for Nonexcepted PBDs. CMS proposes to reduce OPPS reimbursement for certain drugs acquired under the 340B Drug Pricing Program (“340B Program” or “340B”). In particular, CMS proposes to pay nonexcepted, off-campus PBDs the average sales price (“ASP”) minus 22.5 percent for 340B-acquired drugs. This lower rate is consistent with the rate CMS adopted in CY 2018 for 340B-acquired drugs furnished in hospital departments paid under the OPPS, but represents a significant cut from the prior rate of ASP plus 6 percent. [16] CMS estimates the change would save Medicare and beneficiaries approximately $48.5 million. [17]
  • Payment for Biosimilar Biological Products. CMS proposes to continue the policy in place to make all biosimilar biological products eligible for pass-through payment and not just the first biosimilar biological product for a reference product. CMS notes that it received numerous comments regarding its recently finalized policy that biosimilars without pass-through payment status that were acquired under the 340B Program would be paid ASP (of the biosimilar) minus 22.5 percent of the reference product. Commenters noted that because the payment reduction would be based on the reference product’s ASP (generally higher than the biosimilar), the payment reduction would be more significant than if based on the biosimilar’s ASP. Accordingly, for CY 2019, CMS proposes changes to the Medicare Part B drug payment methodology for biosimilars acquired under the 340B program, to pay nonpass-through biosimilars acquired under the 340B Program at ASP minus 22.5 percent of the biosimilar’s ASP (instead of the biosimilar’s ASP minus 22.5 percent of the reference product’s ASP). [18]
  • Payment if ASP Data Not Available. Similar to the proposed changes in the CY 2019 Medicare Physician Fee Schedule (“PFS”) proposed rule for CY 2019, if sufficient ASP data is not available, CMS proposes to pay separately payable drugs and biological products that do not have pass-through payment status and are not acquired under the 340B Program at wholesale acquisition cost (“WAC”) plus 3 percent under the OPPS instead of WAC plus 6 percent. If WAC data is not available for a drug or biological product, CMS proposes to continue paying for separately payable drugs and biological products at 95 percent of the average wholesale price (“AWP”). Drugs and biologicals that are acquired under the 340B Program would continue to be paid at ASP minus 22.5 percent, WAC minus 22.5 percent, or 69.46 percent of AWP, as applicable. [19]
  • Competitive Bidding for Part B Drugs. Following on President Trump’s drug pricing blueprint, the Center for Medicare and Medicaid Innovation (“CMMI”) issued a Request for Information (“RFI”) as part of the OPPS Proposed Rule seeking public comment on a potential competitive bidding model for Part B drugs. CMMI is seeking information and feedback on numerous aspects of the model, including its scope, which providers should be included or excluded, the proper role of private sectors vendors, whether it should be limited to a set population, beneficiary protections, the inclusion of other payors, and options for model payments. [20] CMMI notes that such a potential model would include competitively-selected private sector vendors to establish payment arrangements with manufacturers that incorporate “value-based pricing strategies, such as outcomes-based agreements, indication-based pricing, payment over time, shared savings or performance-based payments based on the impact on total cost of care, and reduced beneficiary cost-sharing.” [21]

Request for Information on Promoting Interoperability and Electronic Healthcare Information Exchange through Possible Revisions to the CMS Patient Health and Safety Requirements for Hospitals and Other Medicare- and Medicaid-Participating Providers and Suppliers
While CMS recognizes the high rate of adoption of certified EHR technology (CEHRT), CMS notes that barriers still exist for the exchange of electronic health information across the continuum of care. [22] Several new initiatives related to electronic exchange of health information will be implemented over the next few years. For example, through the 21st Century Cures Act, Congress has directed that the Office of the National Coordinator for Health Information Technology (ONC) “. . . for the purpose of ensuring full network-to-network exchange of health information, convene public-private and public-public partnerships to build consensus and develop or support a trusted exchange framework, including a common agreement among health information networks nationally.” [23] In January 2018, ONC released a draft version of its proposal for the Trusted Exchange Framework and Common Agreement, which establishes minimum standards for trusted exchange to enable interoperability across disparate health information networks. ONC will finalize the Trusted Exchange Framework based on public comments and release a final version. [24]

In light of the widespread adoption of EHR, CMS is interested in hearing how it can use the Conditions of Participation (CoPs), Conditions for Coverage (CfCs), and Requirements for Participation (RfPs) for Long-Term Care (LTC) Facilities to advance the electronic exchange of health information among providers to facilitate safe transitions of care as well as to ensure patients and caregivers have access to health information. [25] CMS notes several proposed and final rules that also address such communication among providers -- a proposed rule (80 FR 68126) to implement the provisions of the Improving Medicare Post-Acute Care Transformation Act of 2014 (the IMPACT Act) (Pub. L. 113-185); a proposed rule (81 FR 39448) that would update a number of CoP requirements that hospitals and CAHs would need to meet in order to participate in the Medicare and Medicaid programs; and a final rule (81 FR 68688) that revised the requirements that LTC facilities must meet to participate in the Medicare and Medicaid programs. [26]

In the OPPS Proposed Rule, CMS requests feedback on several specific questions, including the following:

  • Do stakeholders believe that new or revised CMS CoPs/CfCs/RfPs for interoperability and electronic exchange of health information would help improve routine electronic transfer of health information as well as overall patient/resident care and safety?
  • Should CMS propose new CoPs/CfCs/RfPs for hospitals and other participating providers and suppliers to ensure a patient’s or resident’s (or his or her caregiver’s or representative’s) right and ability to electronically access his or her health information without undue burden? Would existing portals or other electronic means currently in use by many hospitals satisfy such a requirement regarding patient/resident access as well as interoperability?
  • Are new or revised CMS CoPs/CfCs/RfPs for interoperability and electronic exchange of health information necessary to ensure patients/residents and their treating providers routinely receive relevant electronic health information from hospitals on a timely basis or will this goal be achieved anyway in the next few years through existing Medicare and Medicaid policies, the implementing regulations related to the privacy and security standards of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-91), and implementation of relevant policies in the 21st Century Cures Act?
  • What would be a reasonable implementation timeframe for compliance with new or revised CMS CoPs/CfCs/RfPs for interoperability and electronic exchange of health information? Should these requirements have delayed implementation dates for specific participating providers and suppliers, or types of participating providers and suppliers (for example, participating providers and suppliers that are not eligible for the Medicare and Medicaid EHR Incentive Programs)?
  • CMS is also interested in comments on how to advance the Federal Government’s MyHealthEData initiative, which is aimed at giving patients control of their medical data. [27]

Request for Information on Price Transparency
As in the CY 2019 PFS Proposed Rule and FY 2019 IPPS/LTCH Proposed Rule, in the OPPS Proposed Rule, CMS continues to express its concerns about insufficient pricing transparency, noting that patients may be surprised by unexpected bills, such as for out-of-network physician services at in-network facilities, for facility fees, and for physician services in emergency departments. CMS also expresses its concern that charge information may not adequately assist patients in understanding what they are likely to owe for services rendered. [28] Therefore, CMS is considering ways to improve the accessibility and usability of charge information for patients and potential actions that would facilitate consumer-friendly communication by providers and suppliers of their charges. As in the CY 2019 PFS Proposed Rule, CMS is soliciting comments in a number of areas, such as:

  • The definition of “standard charges” across various provider and supplier settings, what the definition should be based on, and whether it should be different depending on whether or not the setting maintains a chargemaster.
  • The types of information most beneficial to patients, how providers and suppliers can best enable patients to use charge and cost information in their decision-making, and how CMS, providers and suppliers can help third-parties create patient-friendly interfaces with these data.
  • Whether providers and suppliers should be required to inform patients of the out-of-pocket costs for a service before the service is rendered and how that information would be provided to better support patient choice and decision-making.
  • How CMS can help beneficiaries better understand their Medicare cost-sharing obligations for each Medicare covered service and what role providers and suppliers should play in helping inform patients of their out-of-pocket costs.
  • Whether CMS can require providers and suppliers to inform patients of Medicare reimbursement for particular services performed by that provider or supplier and, if so, what changes would need to be made by providers and suppliers and what burdens would be imposed as a result. [29]

CMS is also seeking comments in similar areas on improving Medigap patients’ understanding of their out-of-pocket costs prior to receiving services. [30]


Notes:
[1] Medicare Program; Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Requests for Information on Promoting Interoperability and Electronic Health Care Information, Price Transparency, and Leveraging Authority for the Competitive Acquisition Program for Part B Drugs and Biologicals for a Potential CMS Innovation Center Model, 83 Fed. Reg. 37,046 (proposed Jul. 31, 2018) [hereinafter OPPS Proposed Rule].
[2] Id. at 37,148-49.
[3] Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Certain Off-Campus Outpatient Departments of a Provider; Hospital Value-Based Purchasing (VBP) Program, 81 Fed. Reg. 45,604 (proposed Jul. 14, 2016).
[4] Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus ProviderBased Department of a Hospital; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates Under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider Based Department of a Hospital, 81 Fed. Reg. 79,562 (Nov. 14, 2016).
[5] OPPS Proposed Rule, 83 Fed. Reg. at 37,150.
[6] Id. at 37,148.
[7] Id. at 37,149.
[8] Id. at 37,137.
[9] Id. at 37,138.
[10] Id.
[11] Id. at 37,049-50.
[12] Id. at 37,142.
[13] Id.
[14] Id. at 37,142-43.
[15] Id.
[16] Id. at 37,143.
[17] Id. at 37,226.
[18] Id. at 37,123.
[19] Id. at 37,125.
[20] Id. at 37,212–13.
[21] Id. at 37,215.
[22] Id. at 37,209.
[23] Id.
[24] Id.
[25] Id.
[26] Id. at 37,210.
[27] Id. at 37,210-11.
[28] Id.
[29] Id. at 37,212.
[30] Id. at 37,212.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:

K&L Gates LLP
Contact
more
less

K&L Gates LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.