The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more
2/26/2024
/ CARES Act ,
Confidential Information ,
Consent ,
Data Management ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mental Health ,
New Regulations ,
OCR ,
Patient Privacy Rights ,
PHI ,
SAMHSA ,
Substance Abuse
Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more
1/12/2024
/ Data-Sharing ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Information Requests ,
Law Enforcement ,
Life Sciences ,
Patient Privacy Rights ,
PHI ,
Roe v Wade
The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not...more
9/27/2023
/ American Medical Association ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Informed Consent ,
Life Sciences ,
Medical Examinations ,
New Legislation ,
Patients ,
Physicians ,
Standard of Care ,
State Medical Board ,
Third-Party Service Provider
As industry stakeholders know, cyberattacks and breaches have been on the rise in the health care industry. IBM Security’s 2023 annual report notes that the average health care data breach has reached $10.93M and that health...more
Tis the season for giving and, in that spirit, the Wisconsin legislature and courts have given those pursuing adult guardianship two more things to take into consideration as they move through that process. These two holiday...more
While the federal substance use disorder regulations enjoyed decades without a single change, the federal government has been on a roll since 2017. The latest round of changes was recently announced by the U.S. Department of...more
As stated in our previous client alert, the Centers for Medicare and Medicaid Services (CMS) set compliance dates for the vaccine mandate in all of the states where the injunction had been lifted, which became official for...more
1/20/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
After tumultuous weeks in litigation and appeals, the United States Supreme Court unblocked the CMS Vaccine Mandate on January 13, 2022. The court battles are not over, but the CMS Vaccine Mandate will go into effect while...more
1/17/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
For regulated health care entities in California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina,...more
1/4/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
In the never-ending saga of the vaccine mandate imposed for health care workers by the Centers for Medicare and Medicaid Services (“CMS”), the government had a favorable result today. CMS suspended its vaccine mandate pending...more
12/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Popular ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
Happy holidays, Wisconsin health care providers! As a gift to all of you, earlier this month, the Wisconsin Department of Health Services (DHS) and Department of Children & Families (DCF) released their new joint guidance for...more
Health & Life Sciences 12/03/21 Sarah E. Coyne, Jon R. Kammerzelt, Rachel L. Dykema In the continuing drama of the vaccine mandates by the Centers for Medicare and Medicaid Services (CMS), CMS has taken a step back, giving...more
12/6/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
The future of the Centers for Medicare and Medicaid Services (CMS) vaccine mandate is again uncertain and the mandate is now temporarily on hold across the country....more
Health care workers (employees, volunteers, trainees, and contractors) in 10 states may have a reprieve from the Centers for Medicare and Medicaid Services (CMS) vaccine mandate which was placed on hold by a federal district...more
12/1/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Injunctions ,
Vaccinations ,
Workplace Safety
As we described in our recent client alert, the Centers for Medicare and Medicaid Services (CMS) recently mandated that (almost) all health care workers in federally regulated facilities are vaccinated, pursuant to a...more
11/15/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Popular ,
Rural Health Care Providers ,
Vaccinations ,
Workplace Safety
All eligible health care staff from all health care facilities that are regulated by Medicare or Medicaid (which means practically everyone) must receive their first COVID-19 vaccine dose by DECEMBER 5, 2021 and their second...more
11/10/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety