Information blocking is an emerging area of law that has important implications for health care providers and health information networks. The law of information blocking originated with the 21st Century Cures Act (the “Act”)...more
On April 22, 2024, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued a Final Rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to...more
The U.S. Department of Health and Human Services (“HHS”) in coordination with the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule on February 16, 2024 (effective April 16, 2024) to...more
We previously issued a QuickStudy reporting that the Massachusetts legislature had extended to March 31, 2023 the COVID-19 pandemic relief that allowed Massachusetts public companies and Massachusetts non-profit corporations...more
The Department of Health and Human Services (HHS) on December 2, 2022 proposed a substantial revision of the regulations governing the confidentiality of Substance Use Disorder records. These changes could mean less...more
The Massachusetts Legislature recently extended the provisions of a special act that allows Massachusetts public companies and Massachusetts non-profit corporations to hold shareholder and member meetings entirely remotely....more
On February 24, 2022, the Centers for Medicare & Medicaid Services (CMS) announced that it had redesigned the Global and Professional Direct Contracting Model for 2023. The Center for Medicare and Medicaid Innovation...more
On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated a penalty imposed by the U.S. Office of Civil Rights (“OCR”) on the University of Texas M.D. Anderson Cancer Center (“MD Anderson”). The Court’s...more
The use of telemedicine has increased to an extraordinary degree during the coronavirus pandemic. The reasons for this are clear. Patients are reluctant to travel to health care facilities and doctors’ offices for fear of...more
The U.S. Centers for Disease Control has stated that testing for the presence of the coronavirus is essential to containing the spread of the COVID-19. Recent FDA guidance states that test manufacturers should pass along...more
The 21st Century Cures Act (the “Cures Act”) amended the Civil Monetary Penalty Law (“CMPL”) to expand the authority of the U.S. Department of Health and Human Services Office of Inspector General (“OIG”). On April 14, 2020,...more
The CARES Act made significant changes to the law governing the confidentiality of substance use treatment records. When the President signed the CARES Act on March 27, 2020, most of the focus was on the appropriations of...more
On April 9, 2020, the Centers for Medicare and Medicaid Services (CMS) began the distribution of $30 billion appropriated by the bipartisan CARES Act to Medicare and Medicaid providers and suppliers – with most payments...more
Pursuant to CMS’s authority during this National Emergency arising from the COVID-19 outbreak, on March 30, 2020, the Centers for Medicaid and Medicare Services issued Blanket Waivers of Section 1877(g) of the Social Security...more
On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) announced the enactment of numerous temporary regulatory waivers and new rules intended to enable health care providers to better respond to the COVID-19...more
On March 27, 2020, President Trump signed into law the latest coronavirus stimulus package, known as the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act.” The President’s approval follows around-the-clock...more
On Saturday, March 28th, the Centers for Medicare & Medicaid Services (“CMS”) announced an expansion of its accelerated and advance payment program for Medicare participating health care providers and suppliers to help...more
3/31/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Hospitals ,
Medicare ,
Public Health ,
Relief Measures ,
Waivers
The U.S. Department of Health and Human Services has released proposed amendments to the regulations governing the Confidentiality of Substance Abuse Disorder Treatment Records. The amendments are intended to improve...more
Click Here for PDF A first-of-its-kind data security law, the recently enacted Ohio Data Protection Act may signal the beginning of a new trend in the legal approach to corporate cybersecurity obligations. At the same time,...more
The election of Donald Trump as President of the United States may lead to a significant change in the enforcement of the Controlled Substance Act (CSA) with respect to both medical and recreational uses of marijuana. Since...more
The recent malware attack on Hollywood Presbyterian Medical Center is an example of the latest trend in security concerns, called “ransomware.” Hollywood Presbyterian’s networks were infiltrated by malware that encrypted key...more
What was at stake in King v. Burwell?
DH: Perhaps more than initially meets the eye. If the U.S. Supreme Court had sided with the King v. Burwell plaintiffs, federal tax subsidies to reduce the cost of insurance premiums...more
Apparently when the CEO of Hillsdale Community Health Center, Hillsdale, Michigan (Hillsdale), called his counterparts at neighboring general acute care hospitals, all of the antitrust advice they had received was left in the...more
On April 16, 2015, the President signed the Medicare Access and CHIP Reauthorization Act of 2015, commonly known as the “Doc Fix.” As has been extensively reported, the Act repeals the Sustainable Growth Rate or (SGR)...more
On January 29, the Centers for Medicare & Medicaid Services (CMS) announced its plan to propose changes to the Electronic Health Record Incentive Program (EHR Incentive Program). According to CMS, the rule will address...more
2/6/2015
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Charitable Donations ,
Data Breach ,
Department of Health and Human Services (HHS) ,
EHR ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Medicaid ,
Medicare ,
Medicare Payment Reform ,
OCR ,
OIG ,
Patient Assistance Programs ,
Settlement