Health Law Insights: October 2016

by Roetzel & Andress

ALERT: Immediate Action Required by Health Care Providers to Comply With Section 1557 of the Affordable Care Act by October 16, 2016
Author: Ericka Adler
The U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has finalized new nondiscrimination rules, which implement section 1557 of the Affordable Care Act (“ACA”) (the “Final Rule”) (81 Fed. Reg. 31376). Under Section 1557, individuals are protected from discrimination in health care on the basis of race, color, national origin, age, disability, and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping… Read More

ALERT: Home Care Company Had Reasonable Basis for Treating Home Care Workers as Independent Contractors and Was Entitled to a Refund of Employment Taxes
Author: John B. Waters 
In 2016, the U.S. District Court for the Eastern District of Pennsylvania held in Nelly Home Care, Inc. v. United States, that a home care company and its predecessor were entitled to refunds of employment taxes relating to their home care workers because they had a “reasonable basis” for treating their workers as independent contractors under the safe harbor provisions of  Section 530 of the Revenue Act of 1978 (“Section 530”)… Read More

ALERT: CMS Allays Concerns Regarding Medicare Quality Payment Program Reporting Starting January 1, 2017 
Author: Mazen Asbahi 
In an effort to allay concerns raised by physicians and other stakeholders in healthcare, the Center for Medicare & Medicaid Services (“CMS”) announced four options that will allow physicians and other providers to “pick their pace of participation” in the new Medicare Quality Payment Program that gets underway this coming January 1, 2017. In a blog post late last week, CMS Acting Administrator Andrew Slavitt detailed how these options would allow physicians to avoid a negative payment adjustment in 2019 (the first year payment adjustments are slated to be implemented under the new law)… Read More

INDUSTRY NEWS: Nurse-Managed Clinic Leverages Telehealth to Expand Virtual Health Access
Health IT Outcomes 
In May, National University announced the opening of a new, nurse-managed clinic in the Los Angeles neighborhood of Watts designed to use the latest telehealth technologies to bring comprehensive medical care to its residents. The clinic was developed in partnership with UCLA and local faith-based and community organizations and uses virtual services to make healthcare more accessible… More Information

INDUSTRY NEWS: Let's Help Primary Care Doctors in the Movement to Value-Based Care
Forbes | Pharma & Healthcare 
First, I’m not a doctor and make no claims to understanding their profession the way they do. I have not walked a mile in their shoes. But I have spent 25 years leading health plans including 10 years at the health insurer Aetna culminating as chairman and CEO. I have served as a board member for Johnson & Johnson and Envision Healthcare (which operates both Envision and AMR). I have seen the healthcare system from many angles, including as a patient... More Information

INDUSTRY NEWS: What ‘Mobile’ Should Mean for Healthcare 
Ask a set of healthcare professionals about the future and they’ll answer: “Mobile.” Mobile technology is nearing ubiquity in America; a Pew Research report shows 64 percent of all adult Americans own a smartphone, and ownership rates among millennials reach above 80 percent. It’s clear that to stay relevant and access the next generation of patients, the healthcare industry must innovate its mobile efforts… More Information

UPCOMING EVENT: IAHA 34th Annual Health Law Symposium
The IAHA Annual Health Law Symposium is the premier health law program in Illinois, offering a full day of hot topics and nationally recognized speakers.
Date: November 10, 2016
Location: Navy Pier, 600 East Grand Ave., Chicago, Illinois
Click here to register or learn more about this event.

EXPERT WEBCAST WEBINAR: Technology as a Driver for Healthcare Growth, M&A and Restructuring 
On September 29th, Ericka Adler participated in a roundtable panel discussion to discuss the future of technology and health care, and the changes as it relates to health law. To access the full panel recording, click here.

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.

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