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Search OptionsHealth CareFederal judge temporarily enjoins rule prohibiting discrimination on the basis of gender identity
On December 31, 2016, a Federal District Court judge in Texas issued an order (the “Order”) temporarily preventing the Health and Human Services Office of Civil Rights from enforcing certain sections of the new anti-discrimination regulations issued on May 18, 2016. Several states, including… Settlement agreement with UConn and the United States Government reveals how it may interpret a covered entity's obligations under non-discrimination laws and regulations
On January 5, 2017, the U.S. Attorney’s Office for the District of Connecticut and the Office of Civil Rights (“OCR”) announced that they had entered into an agreement with John Dempsey Hospital, a subsidiary of University of Connecticut Health Center (“UConn”), to resolve an accusation of its… Office of Inspector General (OIG) Revises its Policy Regarding Gifts of Nominal Value To Medicare and Medicaid Beneficiaries
Federal law penalizes a person who offers or gives a Medicare or Medicaid beneficiary any remuneration that it knows or should know is likely to influence the beneficiary’s selection of a specific provider, practitioner, or supplier of Medicare or Medicaid covered items or services. The OIG… Hybrid Entities: The Importance of Properly Designating Health Care Components
The United States Department of Health and Human Services, Office for Civil Rights (“HHS”) and the University of Massachusetts Amherst (“UMass”) recently entered into a Resolution Agreement and Corrective Action Plan to settle HIPAA violations resulting from the impermissible disclosure of… OIG Post New Advisory Opinion on Laboratory Services
On December 5, 2016, the OIG posted Advisory Opinion No. 16-12 concerning a laboratory’s proposal to provide the labeling of test tubes and specimens free of charge to dialysis facilities. One of the stated purposes of offering this free service was to “obtain or retain the business of a particular… Final Changes To Nursing Facility Arbitration Agreements
We previously published an article regarding the CMS proposed rule (published July 17, 2015) to revise the requirements that Long-Term Care (“LTC”) facilities must meet to participate in the Medicare and Medicaid programs, and its proposed changes to LTC facilities use of arbitration agreements.… Health Care Provider agrees to $2.14 million HIPAA Settlement
St. Joseph Health (“St. Joseph”), a nonprofit Catholic health care delivery system, purchased a new server to store files, including electronic Protected Health Information (“ePHI”), that incorporated a file sharing application. The default settings of the new server allowed anyone with an internet… CMS Finalizes Emergency Preparedness Rule for Health Care Facilities
On September 8, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized the Emergency Preparedness Rule (Final Rule”) for health care facilities. CMS has given significant attention to the Final Rule in light of the many major disasters that have occurred in the last ten years and… Key Features of Medicare Access & CHIP Reauthorization Act of 2015
Medicare Access & CHIP Reauthorization Act of 20151 Six States and Various Religious Organizations File Suit to Invalidate the New Office of Civil Rights Anti-Discrimination Regulations
The Franciscan Alliance and Christian & Medical Dental Associations joined six states in a lawsuit filed against Health and Human Services (“HHS”) in a Texas federal court on August 23, 2016, challenging the regulations that the HHS’ Office of Civil Rights (“OCR”) finalized this past May (“Final… Forthcoming Changes to Nursing Facility Arbitration Agreements
On July 17, 2015, CMS released a proposed rule to revise the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. The proposed rule included a requirement regarding binding arbitration agreements. In the commentary CMS expressed concern that… Uncertainty of Indiana Medicaid Home Health Reimbursement
As many of you may know, the statewide home health reimbursement rates for Indiana Medicaid, are calculated based on the most recently completed Medicaid cost reports required from all home health providers billing Indiana Medicaid for services. (IHCP Bulletin 201625, May 17, 2016). As a result of… |
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