Health Care
By: Stephanie T. Eckerle and Andrew W. Breck
on January 7, 2019
The U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) recently issued a Request for Information (“RFI”) to assist in identifying provisions of the Health Insurance Portability and Accountability Act (“HIPAA”) privacy and security regulations that could be revised…
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By: Meghan M. Linvill McNab and Brandon W. Shirley
on January 7, 2019
An Executive Order limiting agency rulemaking has not prevented Indiana Medicaid from moving forward with a number of rulemaking changes expected to be finalized throughout 2019. These rules are in various stages of the rule adoption process, and have a broad impact on the health care community as…
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By: Thomas N. Hutchinson and
on January 7, 2019
In the age of immediate access to online platforms such as Google, Yelp, and Healthgrades, patients are able to share physician reviews, many of which are positive, but at times can be negative and potentially false. Negative reviews are damaging to a physician’s professional and personal…
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By: Stacy Walton Long and
on December 17, 2018
The Health and Human Services’ Office of Civil Rights (“OCR”) recently entered into a Resolution Agreement with Pagosa Springs Medical Center (“PSMC”), resolving HIPAA violations over five years after the initial investigation began.1 On June 7, 2013, OCR initiated an investigation that revealed…
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By: Stacy Walton Long and Amanda K. Schipp
on December 17, 2018
This fall there have been a variety of federal initiatives aimed at expanding treatment options to address substance use disorder and mental illness. In late October, President Trump signed into law a comprehensive bipartisan opioid and substance abuse bill (available here) aimed at prevention,…
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By: Brandon W. Shirley and Amanda K. Schipp
on December 17, 2018
Indiana Medicaid announced that, effective January 1, 2019, adults determined to be presumptively eligible for Medicaid will receive fee-for-service benefits during the presumptive eligibility (PE) coverage period. This change means that the enhanced benefits and additional flexibilities previously…
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By: Stephanie T. Eckerle and
on December 13, 2018
The Health and Human Services’ Office of Civil Rights (“OCR”) recently entered into a Resolution Agreement with a Florida physicians’ group, Advanced Care Hospitalists PL (“ACH”), after investigating an alleged HIPAA breach.1 Between November 2011 and June 2012, ACH obtained billing data processing…
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By: Meghan M. Linvill McNab and Brandon W. Shirley
on December 12, 2018
The Bipartisan Budget Act (“BBA”) of 2015, and its implementing regulations at 42 CFR 419.22(v) and 419.48 resulted in the movement of payments for nonexcepted provider-based departments (“PBD”) from the outpatient prospective payment system (“OPPS”) to the Medicare Part B site-specific Physician…
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By: Marc T. Quigley and Brandon W. Shirley
on December 12, 2018
U.S. Deputy Attorney General Rod Rosenstein recently announced changes to criminal and civil corporate investigation protocol during a speech on November 29, 2018. For the past several years, the US Department of Justice (“DOJ”) has attempted to adhere to the Yates Memo, which focused on individual…
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By: Brian M. Heaton and Meghan M. Linvill McNab
on December 3, 2018
The US Department of Health & Human Services updated the National Practitioner Data Bank (“NPDB”) Guidebook, effective October 2018. The last time the Guidebook was revised was April 2015. While the 2015 revision included substantial updates to the regulatory scope, content and display of the…
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By: Amy J. Adolay and Brandon W. Shirley
on December 3, 2018
The U.S. Department of Labor (DOL) recently announced plans to clarify application of federal anti-discrimination requirements on health care providers with Tricare enrollment agreements. The DOL and Tricare providers have long been at odds over whether a Tricare enrollment agreement made one a…
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By: Susan E. Ziel and Thomas N. Hutchinson
on December 3, 2018
Since 2003, the Department of Health and Human Services’ Office of Inspector General (“OIG”), often partnering with other healthcare related organizations such as the American Health Lawyers’ Association and the Health Care Compliance Association, have authored a series of publications for…
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