Health Care Law
Securing PHI on Laptops and Other Portable Devices August 01, 2016, 1:37 PM
The U.S. Department of Health and Human Services (HHS) is ramping up enforcement when it comes to the security of protected health information (PHI) on portable devices, including laptops, cellphones, tablets, thumb drives, etc
Encryption: A Critical Safeguard Against HIPAA Liability July 26, 2016, 1:39 PM
As we all know, physicians bear the responsibility of protecting patients from threats that can stem from the storage and use of patients protected health information.
Health Care Client Alert – Federal Government Issues Fraud Alert on Medical Directorships August 20, 2015, 1:42 PM
On June 9, 2015, the Office of Inspector General ("OIG"), within the United States Department of Health and Human Services, released a Fraud Alert regarding physician compensation arrangements, with a specific focus on payments made to physicians under medical directorship agreements. The fraud alert warns physicians of how a compensation arrangement may violate the federal anti-kickback statute ("AKS") even if only one purpose of the arrangement is to compensate a physician for his or her past or future referrals of Federal health care business.
Healthcare Client Alert – August 2015 August 20, 2015, 1:41 PM
As doctors, you are heroes.
Compliance Deadline with New HIPAA Rule: September 23, 2013 July 15, 2013, 1:44 PM
In January 2013, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released its long-anticipated rule (the Omnibus Rule) amending the HIPAA Privacy, Security, Breach Notification and Enforcement Rules. The Omnibus Rule became effective on March 26, 2013 and covered entities must comply with most of the rules requirements no later than September 23, 2013.
CMS Publishes Proposed Rule on Physician Payment Sunshine Law February 03, 2012, 1:45 PM
On December 14, 2011, the Center for Medicare and Medicaid Services (CMS) released a notice of proposed rulemaking implementing the Physician Payment Sunshine provisions of Section 6002 of the Affordable Care Act. The Sunshine provisions seek to make publicly available information about payments or other transfers of value to physicians made by manufacturers of drugs and medical devices and supplies covered by Medicare and Medicaid. Under the proposed rule, manufacturers must annually report all payments, gifts, consulting fees, research activities, speaking fees, meals, and travel reimbursements paid to physicians and teaching hospitals to the Secretary of Health and Human Services. The definition of manufacturer would extend to include entities under common ownership with a manufacturer that are involved in manufacturing, marketing, selling or distributing covered products. The proposed rule would also make available to the public information about physician ownership or investment interests in manufacturers or group purchasing organizations. CMS is accepting public comments on the proposed rule through February 17, 2012. A copy of the proposed rule is available here. --Meagan J. Thomasson
U.S. Supreme Court to Hear Health Care Law Case December 15, 2011, 1:46 PM
The U.S. Supreme Court has agreed to hear five and a half hours of oral arguments in the Florida v. Department of Health and Human Services case challenging the constitutionality of the controversial Patient Protection and Affordable Care Act (PPACA). The case arises out of an appeal by 26 states of a decision by The United States Court of Appeals for the Eleventh Circuit. The scope of what the Court has agreed to consider is limited to the issues of whether (1) it is within Congress power to require states to choose between complying with the provision of the PPACA or losing federal Medicaid funding, and (2) whether the individual mandate provision of the PPACA is constitutional and, if not, the extent to which it may be severed from the remainder of the Act. Arguments will be heard in March of 2012 and a decision is expected before the Court recesses in late June. A copy of the petition for certiorari submitted by Florida et al. is available here. --Meagan J. Thomasson
CMS Releases Final Rule on Accountable Care Organizations November 18, 2011, 1:47 PM
On November 2, 2011, the Center for Medicare & Medicaid Services (CMS) final rule governing Accountable Care Organizations (ACOs) under the Medicare Shared Savings Program appeared in the Federal Register. ACOs are legal entities that are designed to encourage collaboration between health care providers by allowing members of the ACO to share in any savings it generates with respect to Medicare beneficiary expenditures. The final rule presents several substantial changes from the proposed rule, many of which may make the formation of an ACO a more attractive option to healthcare providers. The most significant of the new developments are discussed below.
Supreme Court Hears Case on Medicaid Rate Cuts October 14, 2011, 1:48 PM
On Monday, October 3rd, the United States Supreme Court began a new term by hearing oral arguments on whether Medicaid recipients and healthcare providers can bring a lawsuit against a state for failing to pay the rates required under the federal Medicaid law. The case, Douglas v. Independent Living Centers of Southern California, arises out of the Ninth Circuit and stems from a decision made by the California legislature to cut the rates paid to healthcare providers due to budget concerns.
4th Circuit Dismisses Two Challenges to Obamacare September 16, 2011, 1:49 PM
On September 8, 2011, the U.S. Court of Appeals for the Fourth Circuit dismissed two lawsuits challenging the constitutionality of the individual mandate provision contained in President Obamas healthcare reform overhaul (Obamacare).