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Business Associate Fined Under HIPAA For Maintaining PHI on Unsecured Server

By: Robert A. Anderson and Stacy Walton Long on June 6, 2023

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), recently concluded its investigation into MedEvolve, a business associate (“Business Associate”) of a covered health care entity. Business Associate self-reported a data breach to OCR that exposed the Protected…

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Don’t Let the End of the Public Health Emergency Create a Compliance Problem

By: Meghan M. Linvill McNab and Brandon W. Shirley on May 19, 2023

Over the past three years, healthcare providers have adapted to specific regulatory requirements that were originally set to end when the federal public health emergency (“PHE”) expired. The PHE provided certain flexibilities and regulatory requirements over the past few years, that enabled health…

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CMS Runs Out of Patience: Hospital Price Transparency Rules to Face Stricter Enforcement

By: Christopher J. Kulik and Brandon W. Shirley on May 9, 2023

The Centers for Medicare and Medicaid Services (“CMS”) is making another concerted effort to enforce hospital cost transparency rules that have been in effect since January 1, 2021 (the “Rules”) as explained in our prior alert. Since that time, CMS struggled to enforce compliance with the Rule and…

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Long Term Reform Coming to Long Term Care: What Changed in the 2023 Indiana Legislative Session

By: Grant M. Achenbach and Meghan M. Linvill McNab on May 8, 2023

Indiana continues down the path of instituting a managed care model for long term services and supports. The Indiana legislature recently enacted House Bill (HB) 1461 that provides sweeping regulatory relief to the provider industry. The legislation provides for implementation of the Family and…

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New Law Further Restricts Indiana Physician Noncompetes

By: Scott S. Morrisson, Nancy J. Townsend, and Christopher J. Kulik on April 26, 2023

The Indiana General Assembly recently passed Senate Enrolled Act (“SEA”) 71, which further narrows the use of noncompete agreements with respect to all employed physicians, but especially primary care physicians. The new law will take effect on July 1, 2023, after Governor Eric Holcomb’s expected…

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CMS's Proposed Government Overpayment Rule Is Sure to Make You Sleep Less (Podcast)

By: Brandon W. Shirley and George C. Lepeniotis on February 8, 2023

Krieg DeVault Health Care Regulatory Lawyer, Brandon W. Shirley breaks down his recent alert on the proposed overpayment rule issued by the Centers for Medicare & Medicaid Services (CMS).

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CMS’s Proposed Government Overpayment Rule Sure to Make You Sleep Less

By: Brandon W. Shirley and Meghan M. Linvill McNab on January 18, 2023

The Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule that would eliminate the “reasonable diligence” requirement that Medicare Part A and Part B providers had to investigate and quantify Medicare repayments under 42 C.F.R. § 401.305. This reasonable diligence period,…

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Beware of the DEA Scam

By: Thomas N. Hutchinson and Shelley M. Jackson on January 12, 2023

A scam which circulated in early 2021 has resurfaced recently. Scammers are calling physician practices and posing as DEA agents. It appears the scammers are targeting smaller practices, and calling and introducing themselves as DEA agents who are investigating a complaint. Once they get the…

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HHS Proposes Rules to Make Part 2 Regulations and HIPAA Consistent    

By: Robert A. Anderson and Alexandria M. Foster on January 12, 2023

The U.S. Department of Health and Human Services (“HHS”), through the Substance Abuse and Mental Health Services Administration (“SAMHSA”), recently announced proposed changes to the protection of substance use disorder patient records under 42 CFR Part 2 (“Part 2”). Part 2 regulations govern the…

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Are You Compliant with Indiana’s Annual Hospital Public Forum Requirement?

By: Thomas N. Hutchinson and Brandon W. Shirley on January 6, 2023

As of July 1, 2021, certain hospitals in Indiana are required by state law (IC 16-21-9-3.5) to hold an annual public forum in order to promote transparency and accountability in their operations, and to ensure that the needs and concerns of the community are addressed. These forums may be held in…

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Religious Health Care Providers, The ACA, And Gender Transition Procedures

By: Robert A. Anderson and Hillary N. Buchler on December 21, 2022

In The Religious Sisters of Mercy v. Xavier Becerra, the 8th Circuit Court of Appeals recently upheld a permanent injunction against the Department of Health and Human Services (“HHS”) and the Equal Employment Opportunity Commission’s (“EEOC”) enforcement of Section 1557 of the Affordable Care Act…

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Private Equity Investment in Medical Practices Series: STEP 3 - Pre-Sale Diligence

By: Thomas N. Hutchinson and Brian M. Heaton on September 29, 2022

One time consuming (and potentially frustrating) part of any private equity transaction is pre-sale due diligence. Pre-sale diligence is an internal review of the “selling” practice. (For purposes of this article, we will refer to the practice as the “seller” even though the buyer may be making an…

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