With Secretary Azar’s Public Health Emergency declaration and President Trump’s National Emergency declaration, CMS is authorized to grant Social Security Act §1135 waivers of Medicare, Medicaid or SCHIP requirements (“1135 Waivers”) with respect to COVID-19. Such Waivers may be granted as (A)…
With the spread of the coronavirus (COVID-19), and tri-fold spread of fear relating to the same, State agencies have begun to take action with respect to care relating to coronavirus. Specifically, State Medicaid programs across the nation are beginning to review both cost-sharing policies, such as…
The Health Insurance Portability and Accountability Act of 1996[1](“HIPAA”) governs the disclosures of any protected health information (“PHI”) that is created or received and maintained by HIPAA covered entities and their business associates. Health care providers must take into consideration…
Sentara Hospitals (Sentara) entered into a $2.175 million settlement and corrective action plan with the Office of Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) for alleged violations of the Health Insurance Portability and Accountability Act of 1996, as amended…
Genetic Information is quickly becoming an important part of our lives. The Health Insurance Portability and Accountability Act of 1996,[1] as amended, and the final Privacy Rule[2] (HIPAA) are implicated by a healthcare provider’s or benefit plan’s creation, storage, and use of Genetic…
The University of Rochester Medical Center (Rochester) settled with the Office of Civil Rights (OCR) for $3 million for repeated violations of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA) relating to its failure to encrypt ePHI on mobile devices. This…
An exemption from property tax is one of the fundamental premises upon which many nonprofit organizations rely. Such exemptions allow these organizations to reduce their operating costs so that they may more effectively perform their charitable purposes. According to the Indiana Legislative…
Representative Donna Schaibley introduced House Bill No. 1005 to the Indiana House Public Health Committee on January 6, 2020. The stated purpose of the bill is to make pricing for health care services more transparent with the aim of ultimately reducing the overall cost to patients. To do so, the…
The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently announced that it imposed $2,154,000 in civil money penalties (CMPs) against Jackson Health System (“Jackson”) for multiple violations of the Security and Breach Notification Rules of the Health…
The National Practitioner Data Base (“NPDB”) is a confidential clearinghouse established by Federal laws[1] and regulations[2] in order to promote quality, to protect the public and to reduce healthcare fraud and abuse. The U.S. Department of Health and Human Services (“HHS”) is responsible for…
On November 12, 2019, Seema Verma, Administrator for the Centers for Medicare and Medicaid Services (“CMS”) spoke to the National Association of Medicaid Directors. As part of that speech, Administrator Verma emphasized the need for transparency in Medicaid programs, particularly Medicaid…
CMS recently issued a final rule on discharge planning requirements for hospitals, critical access hospitals (“CAHs”), and home health agencies (“HHAs”). The new regulations focus on the exchange of patient information between healthcare facilities in the discharge process. The final rule allows…
