Hospitals


COVID-19-Related Immunity for Facilities and Providers Clawed Back
August 25, 2020 | Ashley (Osadon) Algazi | 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 (Kozicz) 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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Federal Court Blocks HHS Rule on Sexual Orientation
August 18, 2020 | Eric D. Fader | Affordable Care Act | Hospitals | Legislation and Public Policy | Litigation
The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based on gender as determined by biology. The rule, discussed in detail here in June, did not recognize sexual orientation …
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CMS Proposes Permanent Expansion of Telehealth Services
August 5, 2020 | Ada (Kozicz) Janocinska | Behavioral Health | 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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RI Health System Paid $1 Million HIPAA Settlement
July 28, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals | Litigation
After a long quiet period, the second HIPAA settlement to be announced by the U.S. Department of Health and Human Services (HHS) in an orchestrated one-two punch was far more costly to the second violator. Lifespan Health System Affiliated Covered Entity paid $1,040,000 to HHS’s Office for Civil Rights (OCR) in June for failing to …
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HHS, DOJ Release Fraud and Abuse Report
July 23, 2020 | Eric D. Fader | Electronic Health Records | False Claims Act | Fraud and Abuse | Home Health | Hospitals | Litigation | Medical Devices and Wearables | Medicare and Medicaid | Pharmaceuticals | Telehealth
The U.S. Department of Health and Human Services (HHS) and Department of Justice (DOJ) have released the 2019 annual report for their Health Care Fraud and Abuse Control Program. The government recovered almost $3.6 billion, of which about $2.5 billion was returned to the Medicare trust fund. The recoveries included judgments and settlements from fraud …
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Hospitals to Get $10 Billion in COVID-19 Funding
July 21, 2020 | Cassandra Rivais DiNova | Hospitals | Legislation and Public Policy
The U.S. Department of Health and Human Services (HHS) announced on July 17 that it will begin distributing a second round of funding to hospitals in “high impact COVID-19 areas.” The funding is intended to address the recent surge in COVID-19 cases across the country. The funding is based on data submitted by hospitals about …
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FCC Increases Funding for Rural Telehealth Services
July 17, 2020 | Eric D. Fader | Behavioral Health | 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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Rivkin Health Attorneys Write the Book on Federal AKS and Safe Harbors
July 10, 2020 | Rivkin Rounds Staff | Electronic Health Records | Employer/Employee | False Claims Act | Fraud and Abuse | Hospitals | Legislation and Public Policy | Litigation | Medical Devices and Wearables | Pharmaceuticals | Private Insurers
Eric Fader, Jeff Kaiser, Chris Kutner, Ada Kozicz and Ben Malerba are authors of the newly released book, “The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide.” Published by the American Bar Association, the book covers all safe harbors currently in place, as well as the interplay between the Anti-Kickback Statute (AKS) and other …
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Hospital Price Transparency Rule Upheld
June 24, 2020 | Eric D. Fader | Affordable Care Act | Hospitals | Legislation and Public Policy | Litigation | Private Insurers
On June 23, the U.S. District Court for the District of Columbia ruled against the American Hospital Association and other associations and individual hospitals that had sued the U.S. Department of Health and Human Services (HHS) to block a new price transparency rule that will take effect on January 1, 2021. The rule, which was finalized …
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