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PHI Here, There, and Everywhere - Liability for Improper Disposal of Items Containing PHI

By: Robert A. Anderson and on September 14, 2022

The Health & Human Services, Office of Civil Rights (“OCR”) recently settled with a dermatology practice, New England Dermatology and Laser Center (the “Practice”), after the Practice voluntarily disclosed that it had thrown specimen containers that contained patient names, dates of birth, dates of…

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Temporary Medical Licenses Preserved into October as Public Health Emergency Renewed at 11th Hour

By: Shelley M. Jackson and Grant M. Achenbach on July 21, 2022

Federal and State Updates

On Friday, July 15th, Department of Health and Human Services (“HHS”) Secretary Xavier Becerra signed a renewal to the federally declared Public Health Emergency (“PHE”). Despite hinting at renewal in the weeks preceding July 15th, the Secretary’s ink did not…

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Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana

By: Andrew W. Breck, Grant M. Achenbach, and Shelley M. Jackson on June 30, 2022

As of March 18, 2022, certain out-of-state health care professionals will find it easier to obtain licenses and certifications to practice in Indiana after recent changes to the state’s reciprocity laws.  The new credentialing standards set forth in Indiana Code 25-1-21 (the “Reciprocity Statute”)…

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Transparency is the Name of the Game

By: Grant M. Achenbach, Andrew W. Breck, and Thomas N. Hutchinson on June 13, 2022

Transparency is a hot topic in healthcare. Instituted due to popular demand and now enforced by state and federal laws, transparency is required through good faith estimates for the cost of health care services, publishing of pricing data online in machine readable formats, and requirements for…

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Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?

By: Brett J. Ashton and Libby Yin Goodknight on June 8, 2022

While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…

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Private Equity Investment in Medical Practices Series: STEP 2 - Should I Use a Broker?

By: Thomas N. Hutchinson and Brian M. Heaton on April 8, 2022

Private equity (PE) health care transactions continue to capture the attention of many in the industry. Whether viewed as an opportunity to grow, stabilize, or exit a business, owners feel compelled--even obligated--to explore PE alternatives before the market cools or they are otherwise left…

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Private Equity Investment in Medical Practices Series: Buying or Selling a Medical Practice - STEP 1 - The Nondisclosure Agreement

By: Thomas N. Hutchinson and Brian M. Heaton on March 8, 2022

The first step in most medical practice or health facility sale discussions (including those with private equity) is the negotiation and execution of a Non-Disclosure Agreement, also commonly referred to as an NDA or Confidentiality Agreement. An NDA is one of the more “boilerplate” documents in…

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It’s Time to Come to Terms with New Surprise Billing Laws

By: Brandon W. Shirley and Robert A. Anderson on February 1, 2022

The No Surprises Act imposed sweeping new cost transparency requirements on health care providers throughout the United States that raised many compliance questions and new challenges. Adding to the confusion, regulators responsible for implementing the new law issued regulations in phases…

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CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling

By: Virginia A. Talley and Shelley M. Jackson on January 20, 2022

On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”). 

Scope of Guidance

The…

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Had Enough Compliance Challenges? Don’t Forget About the Stark Law’s Group Practice Compensation Changes Effective January 1, 2022

By: Thomas N. Hutchinson and Brandon W. Shirley on January 6, 2022

Most health care providers face many compliance challenges in today’s regulatory climate with the promise of many more to come in the new year. This burden may be particularly acute for physician group practices who must change the methodology for pooling and distributing overall profits under an…

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The Long, Winding Road of Indiana’s Electronic Prescribing Mandate

By: Grant M. Achenbach and Brandon W. Shirley on December 27, 2021

Are you getting mixed messages on when you need to start electronically prescribing controlled substances? You’re not alone. 

After Congress passed the SUPPORT Act in 2018 requiring prescribers to issue electronic prescriptions on January 1, 2021 for Medicare Part D controlled substance…

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Should Co-Located Hospitals Hate Those Blurred Lines?

By: Meghan M. Linvill McNab and Brandon W. Shirley on November 30, 2021

At long last, the Centers for Medicare & Medicaid Services (“CMS”) issued final guidance on hospital co-location with other hospitals and health care facilities (“Final Guidance”). Hospital co-location has been a compliance challenge for many due to CMS’s piecemeal approach, which included a…

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