News & Analysis as of

Department of Health and Human Services (HHS) Data-Sharing

Benesch

Dialysis & Nephrology Digest - June 2024

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KCP supports House bill to restore original intent of Medicare Secondary Payer Act - Kidney Care Partners (KCP) commends the 36 co-sponsors of the bill before the House, who come from both sides of the aisle and represent...more

Holland & Knight LLP

Finalized HTI-1 Interoperability and Information Blocking Updates Have Taken Effect

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The U.S. Department of Health and Human Services' (HHS) Office of the National Coordinator for Health Information Technology (ONC) published its Health Data, Technology, and Interoperability: Certification Program Updates,...more

BakerHostetler

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing...

BakerHostetler on

On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more

Quarles & Brady LLP

Key Considerations for Healthcare Providers Responding to Law Enforcement Requests

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Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more

Akin Gump Strauss Hauer & Feld LLP

Research Security: New NIH Policy Requires Foreign Subrecipients to Share Lab Notebooks & Research Data With the U.S. Prime...

On September 15, 2023, the National Institutes of Health (NIH) moved forward with a controversial new policy requiring foreign subrecipients to provide, at least once per year, copies of lab notebooks, data and documentation...more

Sheppard Mullin Richter & Hampton LLP

HHS OIG Publishes Eagerly-Anticipated Federal Information Blocking Enforcement Final Rule

Industry stakeholders have been eagerly waiting for the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) and the Secretary of HHS to provide more clarity on federal information blocking...more

Benesch

CMS Releases Ownership Information for Hospices and Home Health

Benesch on

On Thursday, April 20, 2023, the U.S. Department of Health and Human Services (HHS) released ownership data for all Medicare-certified hospice and home health agencies on the Centers for Medicare & Medicaid Services (CMS)...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Sherman & Howard L.L.C.

Gag Clause Compliance Attestation Requirements for Plan Sponsors

Since 2021, certain group health plans and health insurance issuers have been prohibited from entering into agreements with “gag clauses” (“Gag Clause Prohibition”). By December 31, 2023, these plans and issuers will be...more

Ballard Spahr LLP

Unmuzzled: Time to Attest That No Gags Apply

Ballard Spahr LLP on

Summary - The Departments of Labor, Health and Human Services, and the Treasury have issued guidance on how health plans and insurers may attest to their compliance with the anti-gag rules of the Consolidated...more

McDermott Will & Emery

California DxF Policies and Procedures Released for Public Comment

McDermott Will & Emery on

On January 17, 2023, the California Health and Human Services Agency (CalHHS) released updated drafts of four policies and procedures (P&Ps) under the California Data Exchange Framework (DxF) to support the implementation of...more

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to Confidentiality of Substance Use Disorder Patient Records Rules Would Support Better Care, Decrease Stigma,...

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

McDermott Will & Emery

10 Things Providers Should Know About California’s Data Exchange Framework

McDermott Will & Emery on

By January 31, 2023, general acute care hospitals, clinical labs and certain physician organizations and medical groups in California are required to enter into the Single Data Sharing Agreement (DSA) to participate in the...more

ArentFox Schiff

The California Data Exchange Framework: New Requirements for Sharing Health Information Between Hospitals, Physicians, and Other...

ArentFox Schiff on

The recently unveiled California Health and Human Services Data Exchange Framework (the Framework) creates a new regulatory and governance structure to promote the exchange of health information between health care providers...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2022 Research Conference - October 6th, 8:25 am - 4:30 pm CDT

Stay on top of the latest in research compliance - Do you want to learn: - Current best practices for building and maintaining a  research compliance work plan? - How to better shift your program’s research focus in...more

Baker Donelson

Trusted Exchange Framework and the Common Agreement

Baker Donelson on

Data sharing and interoperability have been key objectives for health care providers, health plans and other industry participants for several years, and the U.S. Department of Health and Human Services' (HHS) Office of the...more

Health Care Compliance Association (HCCA)

Report on Research Compliance Volume 18, Number 8. In This Month’s E-News: August 2021

Report on Research Compliance 18, no. 8 (August, 2021) - “As a steward of the nation’s biomedical research enterprise, NIH is dedicated to ensuring that when data and biospecimens are shared, that it is done ethically and...more

McGuireWoods LLP

Fraud and Abuse Rules Part II: Amended EHR and New Cybersecurity Donation Safe Harbors and Exceptions

McGuireWoods LLP on

As discussed in a previous McGuireWoods alert, the U.S. Department of Health and Human Services (HHS) published final rules expected to be effective Jan. 19, 2021, that significantly amend the Physician Self-Referral Law...more

Fenwick & West LLP

California Privacy Rights Act Passes: Five Tips to Help Companies Prepare for California’s New, New Thing!

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The California Privacy Rights Act (CPRA) passed by ballot measure in November 2020. While it does not repeal the California Consumer Privacy Act (CCPA), which became effective in January 2020, it does change and augment CCPA...more

Womble Bond Dickinson

New HHS Rules Would Simplify Emergency Data Sharing Procedures

Womble Bond Dickinson on

Officials at the Department of Health and Human Services (HHS) are proposing modifications to the HIPAA Privacy Rule to ease information sharing in emergencies. Some of the modifications being discussed would provide patients...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Permissible Disclosures under HIPAA, Especially in the Time of COVID-19

With the COVID-19 pandemic demands for Personal Health Information (PHI) from law enforcement, the press, politicians and the public are increasing. While there may be good reasons behind many of these demands, healthcare...more

Akin Gump Strauss Hauer & Feld LLP

HHS OCR to Exercise Enforcement Discretion to Allow Business Associates to Share PHI for Public Health and Health Oversight...

On April 2, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that the agency will exercise enforcement discretion with respect to certain uses and disclosures of protected...more

Proskauer Rose LLP

HHS Seeks to Remove Silos and Unleash Patient Data with Final Patient Data-Sharing Rules

Proskauer Rose LLP on

On March 9, 2020, the Centers for Medicare and Medicaid Services ("CMS") and the Office of the National Coordinator for Health Information Technology ("ONC") each released final rules generally intended to ease both access to...more

Manatt, Phelps & Phillips, LLP

[Webinar] Re-Mapping the Fraud and Abuse Landscape: Understanding Proposed Reforms - February 13th, 1:00 pm ET

What larger healthcare goals are fueling the proposed revisions to AKS and Stark? What safe harbors and exceptions are introduced in the proposed rules? And what would the potentially transformational changes mean for...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

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Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

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