News & Analysis as of

Health Care Providers

Continuing Resolution Proposal to Extend Funding for the Federal Government

by Holland & Knight LLP on

Overview - On Jan. 16, Chairman of the House Appropriations Committee Chairman Rodney Frelinghuysen (R-N.J.) introduced a continuing resolution (CR), which would fund the federal government until Feb. 16. Congress has...more

Hancock Health Hit with Ransomware That Shuts Down Network

It has been predicted that the healthcare industry will continue to be lambasted with ransomware in 2018. It has also been predicted that attackers will move from taking sensitive information hostage to sabotage, service...more

A Teachable Moment: Hospital Goes Public after Making Ransom Payment

It’s unusual for victims of ransomware to publicly acknowledge that they have paid hackers to go away. But a regional hospital in Indiana has made public its experience last week with a “sophisticated criminal group” as a...more

Liability of Healthcare Providers in the Wake of Maryland’s Opioid Crisis

by Pessin Katz Law, P.A. on

When it comes to opioid use, the U.S. is in a league of its own. Roughly eighty percent of the world’s opioid supply is consumed within the United States. Drug overdose is the leading cause of accidental death in the United...more

Health Care: Helpful Hints – January 2018

by Burr & Forman on

The Centers for Medicare and Medicaid Services (CMS) has recently updated the Hospital Compare website, which reports information on quality measures for over 4,000 hospitals nationwide. This update adds new data on quality...more

Two New Privacy Developments for Employers to Tackle

by Shipman & Goodwin LLP on

With a weekend of football championships behind us, this post tackles the privacy developments that employers here in Connecticut need to run down. Indeed, while I could just pass off two recent posts from my colleagues,...more

CMS Guidance Paves Way for Medicaid Work Requirements

by Bass, Berry & Sims PLC on

The Centers for Medicare & Medicaid Services (CMS) started the year with a bang, issuing guidance on January 11, 2018, in support of Medicaid demonstration projects that condition coverage on beneficiary participation in work...more

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

by Baker Ober Health Law on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'...more

CMS Announces an Advanced Alternative Payment Model - BPCI Advanced

by Foley & Lardner LLP on

On January 9, 2018, The Centers for Medicare & Medicaid Services (CMS) announced a new voluntary bundled payment model program – Bundled Payment for Care Improvement Advanced (BPCI Advanced). The episode payment model, which...more

2018 SMFP Need Determinations

by Poyner Spruill LLP on

The 2018 State Medical Facilities Plan (SMFP) was approved by Governor Cooper on December 11, 2017, and has been issued effective January 1, 2018. It includes need determinations of interest to a number of different types of...more

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

by Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

2018 Legislative Session –A Sampling of Health Related Bills Filed

The 2018 Florida Legislative Session began its 60 day trek to completion on Tuesday, January 9, 2018. Both House and Senate will be debating various health related bills which may be of interest to healthcare providers in...more

HIPAA Breach Reporting: 2017 Trends and Mends

by McGuireWoods LLP on

With 2017 having drawn to a close, it is once again time for HIPAA covered entities to complete their annual breach reporting obligations to the U.S. Department of Health & Human Services Office for Civil Rights (“OCR”)....more

Trump Administration Unveils Its First Bundled Payment Initiative — BPCI Advanced

by Reed Smith on

The Trump Administration has rolled out its first CMS Innovation Center Medicare bundled payment initiative, the Bundled Payments for Care Improvement Advanced (BPCI Advanced). Under the new voluntary model, CMS will test...more

Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

by Murtha Cullina on

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. ...more

Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach

by Shipman & Goodwin LLP on

On January 16, 2018, the Connecticut Supreme Court issued a decision recognizing a common law duty of confidentiality arising from the physician-patient relationship, and the corresponding right of a patient to sue his or her...more

OIG Issues Letter Declining to Impose Administrative Sanctions for Provision of Certain Free Drugs

by Holland & Knight LLP on

On Jan. 4, 2018, the HHS Office of Inspector General (OIG) issued an open letter containing guidance regarding the provision of certain free drugs to federal healthcare program beneficiaries. Specifically, the OIG stated that...more

The Promise of Telehealth - Part I in a Series Addressing the Role of Telehealth - January 2018

by Hodgson Russ LLP on

In the Executive Budget released January 16, 2018, New York Governor Andrew M. Cuomo proposes to expand access to Medicaid-covered telehealth services. With improvements in telecommunications technologies, telehealth is...more

Causes of Healthcare Data Breaches

by Bryan Cave on

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), covered entities (e.g. healthcare providers and health plans) must notify the Department of Health and Human Services (“HHS”) of breaches...more

Connecticut Supreme Court: Health Care Providers Can Be Sued For Unauthorized Disclosures Of Confidential Information

by Jackson Lewis P.C. on

Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making...more

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

The Battle over Medicare's Treatment of Provider Taxes May be Coming to an End

by Baker Ober Health Law on

For much of the past decade, hospitals and CMS have battled over whether providers may claim, as Medicare reasonable costs, the full amount of provider tax assessments levied upon them by the states in which they operate. In...more

340B Update: Hospitals Appeal Ruling on OPPS Reimbursement Cut; House Committee Issues Report Recommending Changes to 340B Program

by K&L Gates LLP on

The beginning of 2018 has brought significant developments relating to the federal 340B Drug Pricing Program (“340B Program”). On January 1, reimbursement under the Medicare Part B hospital Outpatient Prospective Payment...more

AHCA Sees the Light on Nursing Home Generator Rule, Unplugging Challenge

After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more

Blog: OIG Permits Drug Companies To Provide Free Medications in Limited Circumstances to Patients for 2018 Following Advisory...

by Cooley LLP on

As we discussed last month, the Office of Inspector General (OIG) rescinded Advisory Opinion 06-04 (Opinion 06-04), provided to a nonprofit, tax-exempt, charitable patient assistance program (PAP) because it determined that...more

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