Legislation and Public Policy


OCR Updates Mobile Health App Resources
September 25, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy | Medical Devices and Wearables | Telehealth
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently unveiled a new website with updated guidance and resources for mobile health app developers regarding the HIPAA Privacy, Security, and Breach Notification Rules. The new Resources for Mobile Health Apps Developers site replaces OCR’s prior Health App Developer Portal. The new site’s Health …
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OCR Announces Five HIPAA “Right of Access” Settlements
September 17, 2020 | Ada (Kozicz) 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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Seventh Circuit Weighs in on Government’s Right to Dismiss Qui Tam Lawsuits
September 16, 2020 | Geoffrey R. Kaiser | False Claims Act | Fraud and Abuse | Legislation and Public Policy | Litigation
In United States ex rel. Cimznhca, LLC v. UCB, Inc., the 7th Circuit Court of Appeals weighed in on a Circuit Court of Appeals dispute over the correct standard to apply to the government’s decision to dismiss a qui tam lawsuit under the False Claims Act (FCA). The authority of the government to dismiss an action, …
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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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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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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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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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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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