Health Care
July 27, 2017
Indiana’s seven day script law for new patients, Senate Enrolled Act (“SEA”) 226, went into effect on July 1, 2017.[1] Under SEA 226, the general rule is as follows: A prescriber may not issue more than a seven day supply of an opioid if the prescriber is prescribing to an adult patient for the…
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By: Brandon W. Shirley
on July 27, 2017
A Texas District Court judge presiding over a lawsuit challenging a Federal Regulation that expands protections to transgender patients, among others (“Rule”) recently agreed to stay judicial proceedings while the Health and Human Services (“HHS”) agency reviews the Rule. The court had earlier…
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By: Stephanie T. Eckerle and Meghan M. Linvill McNab
on May 17, 2017
The 120th Indiana General Assembly recently enacted legislation to revise Indiana Code (“IC”) 4-6-14 regarding abandoned health records. Under the current statute, the attorney general (“AG”) may take possession of, store, maintain, transfer, protect, or destroy health records that the AG…
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By: Stacy Walton Long
on May 17, 2017
FileFax, Inc. (“FileFax”) is a Business Associate of the Center for Children’s Digestive Health (“Center”). The Center is a small, for-profit healthcare provider with a subspecialty practice in pediatrics. Since 2003, FileFax stored inactive paper medical records that contained protected health…
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By: Stacy Walton Long
on May 17, 2017
On or about December 5, 2011, a hacker accessed email accounts of employees of Metro Community Provider Network (“Metro”), a federally-qualified health center, and acquired 3,200 individuals’ electronic protected health information (“ePHI”) via a phishing incident[1]. Accordingly, on January 27,…
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By: Meghan M. Linvill McNab and Thomas N. Hutchinson
on April 25, 2017
A frequent question from physicians is: What do I do if I have a patient who does not pay his or her bill? And for those physicians who are thinking ahead: What can I do to avoid having a patient who does not pay his or her bill? This article briefly addresses strategies physicians may try to…
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By: Thomas N. Hutchinson
on April 25, 2017
For the first time since its September 2010 introduction, CMS’ Self-Referral Disclosure Protocol (“SRDP”) is undergoing sweeping changes. Beginning June 1, 2017, parties using SRDP to voluntarily disclose actual or potential violations of the Stark law will use specifically-designed forms to submit…
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By: Meghan M. Linvill McNab
on April 25, 2017
In January 2017, we reported on CMS’ recent publication of a comprehensive final rule revising the conditions of participation (“COPs”) that home health agencies (“HHAs”) must abide by in order to participate in Medicare and Medicaid programs. This Final Rule was published on January 13, 2017 and…
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By: Thomas N. Hutchinson
on April 25, 2017
In order to maintain enrollment in Medicare, suppliers and providers must comply with Medicare program mandates, including the “enrollment requirements” detailed in Medicare’s conditions for payment regulations.[1] The enrollment requirements obligate a provider to submit – and keep current – a…
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By: Robert A. Anderson
on April 25, 2017
The Indiana Supreme Court recently held in Charles McKeen, M.D. v. Billy Turner that a plaintiff’s theory of negligence at trial need not be identical to the plaintiff’s theory in his or her submission to the Medical Review Panel (“Panel”), so long as evidence relating to the theories of…
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By: Susan E. Ziel
on April 5, 2017
Do you have a corporate policy that governs your "protected communications" which may be sent or received through the use of mobile devices? If yes, does your Policy address each of the following "Top 10" requirements? Here's a checklist to assist you in reviewing, updating (and communicating)…
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By: Brandon W. Shirley and Susan E. Ziel
on April 2, 2017
The United States Department of Justice’s (“DOJ”) Fraud Section recently published guidelines (“Guidelines”) it will use when determining whether to bring charges against health care entities or individuals. While the Guidelines in no way represent an absolute defense against potential federal or…
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