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…
Does your organization have a policy relating to verification of exclusion from Federal and State healthcare programs? If so, does your Policy comply with all applicable requirements? Requirements include the following:
The Civil Monetary Penalties (“CMP”) Law[1] which imposes monetary penalties…
In the age of increased access to online review platforms such as Google, Facebook, Healthgrades, and Vitals, healthcare providers face the difficult task of managing negative reviews. It can be tempting to respond to negative reviews in an effort to resolve problems. However, these platforms pose…
The Health and Human Services Office of Inspector General (“OIG”) recently published an Advisory Opinion (“AO 19-04”) concerning the use of online platforms for finding and booking physician appointments and physician marketing. While the OIG determined that the platform and payment structure…
Earlier this year, the Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced its Right of Access Initiative. The Right of Access Initiative promises to vigorously enforce the rights of patients to receive copies of their medical records without facing…
