News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Coronavirus/COVID-19

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

McCarter & English, LLP

Federal Efforts to Address Opioid Use Disorder

On April 4, 2024, a final rule published on February 2, 2024 (the Final Rule) went into effect that concerns medication for the treatment of opioid use disorder. The Final Rule, published by the Substance Abuse and Mental...more

Nelson Hardiman, LLP

Decades in the Making: 42 CFR Part 2’s Transformation After 50 Years

Nelson Hardiman, LLP on

It’s widely known but seldom said that many of the biggest challenges in our healthcare system stem from how its laws and regulations were written by many hands working decades apart. Inevitably, as revisions and overlapping...more

BakerHostetler

Healthcare Technology Regulatory Update - March 2024

BakerHostetler on

Federal and state agencies continue to remain active this year, particularly with regard to laws that impact healthcare technology. As part of our ongoing efforts to track health technology-related legislation and...more

Goodwin

SAMHSA Final Rule Codifies Opioid Treatment Program Telehealth and Take-Home Medication Flexibilities

Goodwin on

On February 2, 2024, the Department of Health and Human Services (HHS) issued a Final Rule that expands access to medications for the treatment of opioid use disorder (OUD) via telehealth modalities and “take-home” doses....more

Ankura

Uses, Disclosures, and HIPAA Compliance - Disclosure of Patient Information to News Outlet

Ankura on

On November 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a settlement with Saint Joseph’s Medical Center for potential violations of the Health Insurance...more

McDermott+

Looking Forward: Top Policy Areas for 2024

McDermott+ on

Happy New Year! As we enter 2024, we want to lay out some of the main regulatory issues (both new and old) that McDermott+Consulting will be tracking over the next year. While these may evolve, we think they are still...more

Manatt, Phelps & Phillips, LLP

The Impact of Medicaid Telehealth Policy Change on Equitable Access to Telehealth Services in NC

Editor’s Note: In a new issue brief published by the Milbank Memorial Fund and summarized below, Manatt Health and leadership from the North Carolina Department of Health and Human Services (NC DHHS) share insights into...more

Snell & Wilmer

2023 End-of-Year Plan Sponsor “To Do” Lists (Part 1) Health and Welfare

Snell & Wilmer on

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

Manatt, Phelps & Phillips, LLP

Telehealth Policy Lessons Learned in North Carolina During the COVID-19 Pandemic and Beyond

Introduction - The COVID-19 pandemic catalyzed a dramatic rise in the use of telehealth nationwide to deliver services to individuals enrolled in Medicaid and the Children’s Health Insurance Program (CHIP). The federal...more

Hendershot Cowart P.C.

HIPAA & Telemedicine in Texas: Are Audio-Only Telemedicine Services Allowed?

In June 2022, the U.S. Department of Health and Human Services (HHS) issued new guidance on the use of remote communication technologies to deliver audio-only telemedicine in compliance with the Health Insurance Portability...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - August 2023 #2

Payment Parity: Permanent State Laws and Statutes - Payment Parity requires that health care providers are reimbursed the same amount for telehealth visits as in-person visits. During the COVID-19 pandemic, many states...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - August 2023

Illinois passed S.B. 1913, which requires Medicaid FFS and Medicaid managed care plans to provide coverage of mental health services, substance use disorder treatment, and ‘behavioral telehealth services’. Requires Medicaid...more

Kilpatrick

Employer Considerations Concerning the HIPAA Special Enrollment Rule Temporary Extension

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On July 20th, CMS issued an open letter to employers, plan sponsors and insurers requesting that they extend the normal 60-day special enrollment period for Medicaid and CHIP terminations of coverage....more

McDermott+

McDermottPlus Check-Up: July 21, 2023

McDermott+ on

The House and Senate were both in session this week, with healthcare activity at the committee level. The House Energy and Commerce Committee held a hearing on innovation and a markup of 15 healthcare bills. The Senate...more

Holland & Knight LLP

10 Things to Know About Telehealth Compliance

Holland & Knight LLP on

Providing care via electronic communication when patients and providers are in separate locations, known as telemedicine or telehealth, has been possible for decades. The exigent circumstances sparked by the COVID-19 pandemic...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - June 2023 #2

H.R. 4189 / S. 2016: Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act ....more

ArentFox Schiff

Telehealth Flexibilities Continue After End of COVID-19 Emergency

ArentFox Schiff on

Telehealth experienced massive growth during the COVID-19 pandemic, due in no small part to various regulatory and reimbursement policies that federal agencies implemented following a declaration by the US Department of...more

Goodwin

Telehealth HIPAA Compliance Flexibilities Extended as the Public Health Emergency Ends

Goodwin on

During the COVID-19 public health emergency (PHE), many federal telehealth rules were made flexible to accommodate the need for continued access to healthcare, including prescribing controlled substances without an in-person...more

Bond Schoeneck & King PLLC

The Impact of the (Official) End of the COVID-19 National Emergency

As we have discussed in prior client alerts (U.S. Department of Labor Issues Guidance on Employee Benefits and COVID-19 Outbreak and How the Anticipated End of the COVID-19 National Emergency Impacts Employer-Sponsored Health...more

King & Spalding

HHS Announces Continuing Telehealth Flexibilities Following the End of the COVID-19 PHE

King & Spalding on

On May 10, 2023, HHS announced that many telehealth and teleprescribing flexibilities will remain in place after the end of the COVID-19 Public Health Emergency (PHE) on May 11, 2023. Congress extended many telehealth...more

Nelson Mullins Riley & Scarborough LLP

End of the Public Health Emergency Marks End of HIPAA Enforcement Discretion for Telehealth Practices

The COVID-19 public health emergency (PHE) in the United States came to an end on May 11, 2023. Simultaneously, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced that its enforcement...more

Husch Blackwell LLP

The End of the COVID Emergency and Its Impact on Group Health Plan Coverage Requirements

Husch Blackwell LLP on

After nearly three years of emergency measures related to COVID-19, the U.S. government acted this spring to officially end the COVID-19 Public Health Emergency and the National Emergency. Accordingly, the Departments of...more

Foley Hoag LLP - Security, Privacy and the...

Expiration of COVID-19 Public Health Emergency Means the Beginning of the End for HIPAA Privacy and Security Enforcement...

The Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act during the...more

Patterson Belknap Webb & Tyler LLP

The End of the COVID-19 Emergency Declarations

Today marks the end of the COVID-19 public health emergency that first began on March 13, 2020. The end of the public health emergency has a wide range of implications for employer sponsored benefit plans. This alert...more

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