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Photographing Patients in the Healthcare Setting

From an Atlanta plastic surgeon’s mid-surgery music videos, to illicit pictures of patients shared among nurses, misuse of photography and videos in the healthcare setting can carry substantial legal risks. ...more

EHR Incentive Program Alert: Hospital Hardship Applications Due July 1, 2018

Hospitals eligible to participate in the Medicare electronic health record (EHR) incentive programs that failed to meet the 2017 meaningful use standards have until July 1, 2018 to submit a hardship application and...more

Telehealth Industry Update: Insights from the Global Partnership for Telehealth 9th Annual Conference

On March 19–21, 2018, the Global Partnership for Telehealth hosted its 9th Annual Conference in Jekyll Island, Georgia. Well-attended by industry leaders, technology vendors, and telehealth champions, the conference provided...more

Liability for HIPAA Violations Continues after a Business Ceases Operations

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced its settlement with Filefax, Inc. to resolve alleged violations of the HIPAA Privacy Rule. Filefax was a...more

Meaningful Use and Quality Attestations in QNet: CMS Hosts EHR Hospital Transition Q&A Session

The CMS EHR Incentive Program attestation for Medicare eligible hospitals and critical access hospitals (CAHs) has moved to a new platform, the QualityNet Secure Portal (QNet). Starting this year, eligible hospitals and CAHs...more

CMS Representative Discusses 2018 Goals and Initiatives at HCCA Atlanta Regional Conference

On January 26, 2018, the Health Care Compliance Association (HCCA) held its annual Regional Conference in Atlanta, Georgia. The conference was well attended by compliance officers and counsel from all across the...more

Newly Formed Health IT Advisory Committee Holds First Meeting

On January 18, 2018, the newly formed Health Information Technology Advisory Committee (“HITAC”) held its first meeting to discuss health IT goals for 2018 and beyond. HITAC’s purpose is to advise the country on key, modern...more

Legal Issues Business Leaders Need to Know in 2018

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in...more

AGG Takeaways from 2017 AHLA Health Care Transactions Conference

The annual AHLA Health Care Transactions Conference provides valuable insights into transaction strategies, commercial developments, and legal issues affecting contemporary health care transactions, as well as unique...more

Surprise Billing Legislation Update

In this year’s legislative session, members of Georgia’s House and Senate attempted to pass legislation on “surprise billing” for healthcare consumers. This proposed legislation sought to establish notice and disclosure...more

Event Insights: 2017 Georgia Partnership for TeleHealth Conference

The Georgia Partnership for Telehealth hosted another exceptional conference at the Jekyll Island Club Hotel on March 22–24, 2017. We were inspired by the speakers and vendors, enjoyed the environment, and valued getting to...more

AGG Food & Drug Newsletter - March 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

2017 HIPAA Enforcement: Year to Date Lessons

With the announcements from OCR of three resolution agreements and one civil money penalty as of mid-February, OCR is off to a record start for HIPAA enforcement in 2017, with double the announcements as the same time last...more

Heightened Importance for March 1, 2017 HIPAA Small Breach Reporting Deadline

With OCR’s recent announcement of its first enforcement action for lack of timely breach notification and its increased focus on small breaches, the upcoming annual reporting deadline for small breaches takes on increased...more

2016 Health IT Leadership Summit Insights

On December 7, 2016, lawyers from Arnall Golden Gregory LLP’s Healthcare Technology team attended the annual Health IT Leadership Summit. While there, we noted several overarching themes. At the forefront were the topics of...more

California Department of Public Health Announces Change to Processing Office and Timeline for Facility Applications and Change...

Applications and change requests for all facilities licensed by the California Department of Public Health (CDPH) are being transitioned to the Centralized Applications Unit and may take upwards of six months to...more

HHS Office for Civil Rights to Increase Investigation of Small HIPAA Breaches

The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) recently announced that it has increased its review of breaches of protected health information affecting fewer than 500 individuals....more

States to Survey Nursing Home Social Media Policies

Via an August 5, 2016, letter, the Centers for Medicare & Medicaid Services (CMS) instructed State Survey Agency Directors to survey “nursing home policies and procedures related to prohibiting nursing home staff from taking...more

New OCR Guidance for Phase II HIPAA Audits

HHS Office for Civil Rights (OCR) recently issued guidance addressing its approach to the 2016 Phase II HIPAA Desk Audits. In its announcement of the guidance, OCR emphasized the broader applicability of these resources...more

OCR Update: HIPAA Phase 2 Audit Notices—Responses Due July 22, 2016

On July 11, 2016, e-mail notification was sent to 167 covered entities alerting them of their inclusion in the desk audit portion of OCR’s 2016 HIPAA audit program. Selected covered entities must respond no later than July...more

Charges for Medical Records: Are You Compliant with HIPAA?

Through a series of releases in the first half of 2016, HHS Office for Civil Rights (“OCR”) issued guidance on the individual right of access to protected health information (“PHI”) provided under HIPAA. One topic with...more

Phase 2 HIPAA Audits Underway: What Covered Entities and Business Associates Need to Know

On March 21, 2016, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the beginning of Phase 2 of its HIPAA audits of covered entities and their business associates. Per the OCR...more

Upcoming Annual Deadline for HIPAA Breach Reporting: February 29, 2016

HIPAA covered entities should note the looming February 29, 2016 reporting deadline for breaches of unsecured protected health information that occurred in 2015 and involved fewer than 500 individuals. This Alert provides a...more

Four Questions to Ask before Disclosing (or Withholding) PHI in Transaction Due Diligence

HIPAA’s restrictions on the use or disclosure of protected health information (“PHI”) by a covered entity or business associate may be familiar to many in healthcare. Also familiar may be the exception that allows covered...more

OIG Work Plan Series Installment Two - Long Term Care - Nursing Homes, Hospice, and Home Health

In early November 2015, the Department of Health & Human Services’ Office of Inspector General (OIG) released its 2016 Work Plan, which includes projects specific to certain provider types. This alert will focus on the...more

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