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Search OptionsInsightsFailure to Terminate Access to PHI Leads to HIPAA Violation
The Health and Human Services’ Office of Civil Rights (“OCR”) recently entered into a Resolution Agreement with Pagosa Springs Medical Center (“PSMC”), resolving HIPAA violations over five years after the initial investigation began.1 On June 7,… 
Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness
This fall there have been a variety of federal initiatives aimed at expanding treatment options to address substance use disorder and mental illness. In late October, President Trump signed into law a comprehensive bipartisan opioid and substance… 
Medicaid Presumptive Eligibility Moves to Fee-For-Service
Indiana Medicaid announced that, effective January 1, 2019, adults determined to be presumptively eligible for Medicaid will receive fee-for-service benefits during the presumptive eligibility (PE) coverage period. This change means that the… 
Kay Dee Baird Elected to the Executive Committee of the Indianapolis Bar Association's Commercial and Bankruptcy Law Section
Krieg DeVault is pleased to announce that attorney Kay Dee Baird has been elected as Vice Chair of the Indianapolis Bar Association’s Commercial and Bankruptcy Law section. Her term begins January 1, 2019. Ms. Baird has previously served in various… 
Protecting Patient Information: The Importance of a Business Associate Agreement Under HIPAA
The Health and Human Services’ Office of Civil Rights (“OCR”) recently entered into a Resolution Agreement with a Florida physicians’ group, Advanced Care Hospitalists PL (“ACH”), after investigating an alleged HIPAA breach.1 Between November 2011… 
Cyber Attacks and Security Breaches: What are the Bank's Responsibilities?
Partner Brett J. Ashton addresses the responsibilities that banks must follow under Indiana law when faced with a security breach. Court's Finding that Property Violated Indiana's Unsafe Building Law Provides Best Practices to Local Units of Government
Just a few weeks ago, in Andrade v. City of Hammond, the Indiana Court of Appeals affirmed the City of Hammond’s determination that a property owner’s building was unsafe pursuant to Indiana’s Unsafe Building Law (“UBL”). Specifically, the Court… 
CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs
The Bipartisan Budget Act (“BBA”) of 2015, and its implementing regulations at 42 CFR 419.22(v) and 419.48 resulted in the movement of payments for nonexcepted provider-based departments (“PBD”) from the outpatient prospective payment system… 
US Department of Justice Announces Changes to Corporate Investigation Protocol
U.S. Deputy Attorney General Rod Rosenstein recently announced changes to criminal and civil corporate investigation protocol during a speech on November 29, 2018. For the past several years, the US Department of Justice (“DOJ”) has attempted to… 
Brandon W. Shirley selected to Indiana State Bar Association's Leadership Development Academy Class of 2019
Krieg DeVault is pleased to announce that health care attorney Brandon W. Shirley has been selected to the Indiana State Bar Association’s Leadership Development Academy (“LDA”) Class of 2019. Mr. Shirley, a Senior Associate at Krieg DeVault, was… 
NPDB Guidebook Changes
The US Department of Health & Human Services updated the National Practitioner Data Bank (“NPDB”) Guidebook, effective October 2018. The last time the Guidebook was revised was April 2015. While the 2015 revision included substantial updates to the… 
We May Finally Know Whether Being a Tricare Provider Makes One a Federal Contractor
The U.S. Department of Labor (DOL) recently announced plans to clarify application of federal anti-discrimination requirements on health care providers with Tricare enrollment agreements. The DOL and Tricare providers have long been at odds over… 
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