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Failure To Have A Business Associate Agreement Could Be A $31,000 Mistake

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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Have You Conducted A Risk Assessment In A While? If Not, It Could Cost You $400,000

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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Payment Matters: To Collect or Not to Collect?

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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Beginning June 1, CMS Requires Providers to Complete SRDP Using Forms

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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Delay in Implementation of Home Health COPs

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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If A CMS Surveyor Knocks, Will You Be There To Answer?

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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Recent Indiana Supreme Court Medical Malpractice Ruling

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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Protected Health Care Communications Using Mobile Devices - How Does Your Policy Rate?

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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DOJ Releases Guidelines for Evaluating Effective Compliance Programs

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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OIG Advisory Opinion on Free or Reduced-Cost Lodging and Meals

By: Meghan M. Linvill McNab and Brian M. Heaton on April 2, 2017

On March 10, 2017 the Department of Health and Human Services, Office of Inspector General (“OIG”) published Advisory Opinion No. 17-01 regarding a hospital system’s proposal to provide free or reduced-cost lodging and meals to certain financially needy patients (“Proposed Arrangement”).  The OIG…

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President's Proposed Budget Makes Deep Cuts, But Seeks Increases To Medicare Fraud Fight

By: Thomas N. Hutchinson on April 2, 2017

President Trump’s March 16 “America First: A Budget Blueprint to Make America Great Again,” proposes to cut $15.1 billion in Department of Health and Human Services (“HHS”) spending, representing a nearly 18% reduction in annual spending.[1] The cuts target many entrenched programs and grants,…

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HIPAA Business Associates ... How Do I Know Thee?

By: Susan E. Ziel and Stephanie T. Eckerle on February 23, 2017

HIPAA, as amended by HITECH, imposes significant requirements on those persons or entities who qualify as a business associate (BA) as a result of their access to protected health information (PHI) in the performance of services on behalf of a covered entity (CE). 

For example, a BA could be a third…

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