Behavioral Health


Proposed HIPAA Modification Would Facilitate Care Coordination
December 17, 2020 | Eric D. Fader | Behavioral Health | COVID-19 | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Private Insurers

A proposed rule released by the U.S. Department of Health and Human Services on December 10 would give healthcare providers more flexibility to share patients’ health information for certain purposes. The rule, titled “Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement,” would loosen HIPAA restrictions

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New Relief Funds; Eased Lending Terms for Accelerated Payments
October 30, 2020 | Rivkin Rounds Staff | Behavioral Health | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

An October 22 article in Part B News, “Welcome third round HHS relief funds, eased lending terms for accelerated payments,” discussed the Centers for Medicare & Medicaid Services’ Accelerated and Advance Payment Program (recently discussed here) and the Department of Health and Human Services’ CARES Act Provider Relief Program (recently discussed here). Rivkin Radler’s Eric

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Psychedelic Therapy Training Program Launched
October 19, 2020 | Rivkin Rounds Staff | Behavioral Health | FDA | Hospitals | Pharmaceuticals

Mind Medicine, Inc. (MindMed) and NYU Langone Medical Center (NYU) recently announced a joint project to launch a clinical training program focused on psychedelic-assisted therapies and psychedelic-inspired medicines. MindMed, a psychedelic drug startup, is studying the use of hallucinogenic drugs in the treatment of mental health conditions. This venture is the first step in establishing a

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HHS Announces $20 Billion in Phase 3 Provider Relief Funding
October 2, 2020 | Ashley Algazi | Behavioral Health | COVID-19 | Legislation and Public Policy | Medicare and Medicaid

On October 1, the U.S. Department of Health and Human Services announced $20 billion in additional funding as part of its Phase 3 Provider Relief Fund. This large push from the government is meant to (a) ensure that all eligible providers who received prior provider relief distributions have a balanced equitable payment equal to 2%

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OCR Announces Five HIPAA “Right of Access” Settlements
September 17, 2020 | Ada Janocinska | Behavioral Health | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation

On September 15, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced five new settlements relating to enforcement of HIPAA’s right of access rule. Under HIPAA, patients have the right to timely access to their medical records, as recently discussed here.

A HIPAA covered entity must respond to a patient’s

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CMS Proposes Permanent Expansion of Telehealth Services
August 5, 2020 | Ada Janocinska | Behavioral Health | COVID-19 | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Telehealth

In response to the COVID-19 pandemic since mid-March, the Centers for Medicare and Medicaid Services (CMS) worked quickly to issue emergency guidance that allowed temporary expansion of payment for telehealth services and provided certain flexibility in providing telehealth services. The COVID pandemic has significantly increased awareness of the benefits of telehealth, as many patients have

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FCC Increases Funding for Rural Telehealth Services
July 17, 2020 | Eric D. Fader | Behavioral Health | COVID-19 | Home Health | Hospitals | Legislation and Public Policy | Telehealth

The Federal Communications Commission (FCC) is adding $198 million in funding to the Rural Health Care Program to help healthcare providers acquire telecommunications and broadband services. The funding is in addition to $200 million that was allocated to the FCC’s COVID-19 Telehealth Program by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). About

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SAMHSA Updates Part 2 Rules
July 15, 2020 | Eric D. Fader | Behavioral Health | HIPAA | Legislation and Public Policy

On July 13, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced the adoption of revised Confidentiality of Substance Use Disorder Patient Records regulations in an effort to improve care coordination for substance abuse patients and reduce the burdens on their providers. The revisions to the regulations, commonly known as the Part 2 Rules

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FCC Approves COVID-19 Telehealth Program Funding
May 29, 2020 | Eric D. Fader | Behavioral Health | COVID-19 | Hospitals | Legislation and Public Policy | Telehealth

On May 28, the Federal Communications Commission (FCC) announced that its COVID-19 Telehealth Program has now approved a total of over $68 million in funding for 185 hospitals and other healthcare providers in 38 states plus Washington, DC. The program, whose full title states its goal of “Promoting Telehealth for Low-Income Consumers,” was adopted on

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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | John F. Queenan | Behavioral Health | COVID-19 | Hospitals | Legislation and Public Policy

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

By several

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