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Search OptionsHealth CareSpeak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule
On December 10, 2020 the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced proposed modifications to the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule (45 CFR Parts 160 and 164). The proposed modifications are detailed in HHS’s… Don't Lose Focus on Your Compliance with Important COVID-19 Requirements
The HHS Office of Inspector General (“OIG”) published its intent to review some key measures the Federal government made in response to COVID-19. Those key measures include the Medicare program’s telehealth policy changes and oversight of funds disbursed to providers under the CARES Act and the… Animals Welcome? Legal Protections for Assistance Animals
“Our perfect companions never have fewer than four feet.” ~ Sidonie-Gabrielle Colette Over time, dogs and other animals have played many roles in society that span beyond being comforting companions in our homes. Of these roles, arguably one of the most important is to provide services and support… ONC Extends Information Blocking Deadlines
The U.S. Department of Health and Human Services’ Office of the National Coordinator for IT (“ONC”) announced a much-anticipated interim final rule with comment period (“Interim Rule”). As expected, the ONC extended various compliance dates and timeframes relating to its electronic medical record… COVID-19, Faith, and 'Technical Assistance' from OCR
Patients treating at hospitals during the ongoing public health emergency face a number of challenges with respect to access to on-site and virtual support from family and friends. Compounding the stress, some hospitals have denied patients in-person access to members of their respective clergy in… Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission
Recently, in Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel Chair, 20A-CT-393, the Indiana Court of Appeals held that a patient may assert negligence on the part of nonparty physicians in his submission to… CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021
Effective January 1, 2021, all hospitals that operate in the United States will be required to comply with CMS’s Price Transparency Requirements detailed in its Final Rule (the “Rule”). The Rule mandates that hospitals establish, update, and make public a list of their standard charges for the… Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy… Indiana Improves Telemedicine Reimbursement During COVID Emergency
The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of service beginning September 24, 2020, allow providers… Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability
In the recent case of Jernagan v Indiana University Health a/k/a Indiana University Health ACO, Inc. a hospital clerk provided the patient with an anesthesiologist’s business card on the morning of his surgery. The Indiana Court of Appeals held that may not have provided reasonable notice of the… Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers
Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency. Specifically, the Executive Order applies to the following health care professionals who… CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule
On November 18, 2019, the Medicaid world was “rocked” when the Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”). While intending to strengthen the fiscal integrity and promote transparency of the Medicaid… |
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