Hospitals


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 AKS Safe Harbors Finalized
December 3, 2020 | Geoffrey R. Kaiser | Electronic Health Records | Fraud and Abuse | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid | Pharmaceuticals | Telehealth

The Office of Inspector General, Department of Health and Human Services (OIG) has finalized new safe harbors and modifications of existing safe harbors under the federal Anti-Kickback Statute (AKS) to reflect a policy priority favoring a value-based health care system that “pays for health and outcomes” and that will “remove potential barriers to more effective

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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Frank P. Izzo | COVID-19 | Hospitals | Litigation

The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform.

Below are some considerations for hospital personnel participating in virtual hearings.

(1) Familiarize yourself with the technology

Due to

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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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$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers
October 21, 2020 | Rivkin Rounds Staff | False Claims Act | Fraud and Abuse | Hospitals | Litigation | Medicare and Medicaid

An article in the November issue of Healthcare Risk Management, “$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers,” discussed Wheeling Hospital’s $50 million settlement with the U.S. Department of Justice (DOJ) that resolved a whistleblower complaint filed in 2017 by a former executive of the hospital. Rivkin Radler’s Jeff Kaiser was quoted in the

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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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Health Providers Get More Time to Repay Medicare Loans
October 15, 2020 | Rivkin Rounds Staff | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

On October 8, the Centers for Medicare & Medicaid Services (CMS) released new details on repayment terms for the Medicare Accelerated and Advance Payments Program, a loan program that sent aid to Medicare Part A providers and certain Part B suppliers to help the ease the financial burdens caused by the COVID-19 pandemic. CMS also

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A look at 4 value-based care programs
October 5, 2020 | Rivkin Rounds Staff | ACOs | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

A September 30 article in Managed Care Executive, “Are we there yet? A look at 4 value-based care programs,” offered a snapshot of four value-based care programs being undertaken by the Centers for Medicare & Medicaid Services (CMS) and Blue Cross Blue Shield of Massachusetts. Rivkin Radler’s Chris Kutner was quoted in the article.

Chris gave

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COVID-19-Related Immunity for Facilities and Providers Clawed Back
August 25, 2020 | Ashley Algazi | COVID-19 | Hospitals | Legislation and Public Policy | Nursing Homes

Earlier this month, New York Governor Andrew Cuomo signed into law a bill to limit the scope of immunity for healthcare facilities (including nursing homes and hospitals) and healthcare professionals for future non-COVID-19 related services. The bill reversed protections that had been included in a state budget bill at the height of New York’s coronavirus

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Phishing Scam Targets HIPAA Compliance Officers
August 21, 2020 | Ada Janocinska | Fraud and Abuse | HIPAA | Hospitals

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently warned healthcare providers and organizations about a new phishing scam that targets HIPAA Compliance Officers. Postcards are being mailed to various healthcare organizations that appear to be an official communication from OCR, stating that a mandatory HIPAA compliance risk assessment must

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