Legislation and Public Policy


HHS Issues Limited HIPAA Waivers in Hurricane Areas
September 12, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy

As it had done for previous hurricanes, the U.S. Department of Health and Human Services (HHS) recently issued a HIPAA Bulletin providing for a limited waiver of HIPAA sanctions and penalties for covered entities in Puerto Rico, Florida, Georgia, South Carolina and North Carolina in the aftermath of Hurricane Dorian.

Such waivers are primarily intended

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New Regs Issued for Vaccination Exemptions
August 28, 2019 | Ada Janocinska | Legislation and Public Policy

On August 16, the New York State Department of Health (DOH) announced the issuance of emergency regulations regarding medical exemptions for school vaccinations. The new regulations went into effect immediately upon their issuance.

Historically, New York State provided two exemptions for state-mandated vaccinations, one for religious considerations and the other for medical reasons. In June

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CMS Adds Health Plan Ratings to ACA Exchanges
August 20, 2019 | Eric D. Fader | Affordable Care Act | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

The Centers for Medicare & Medicaid Services (CMS) announced on August 15 that health plans offered on health insurance exchanges will be ranked using a five-star quality rating system for the 2020 plan year open enrollment period that begins on November 1, 2019. The ratings will appear on both state-based exchanges and the federal exchange,

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Medicare Physician Fee Schedule for 2020 Includes Telehealth Changes
August 15, 2019 | Eric D. Fader | Behavioral Health | Home Health | Legislation and Public Policy | Medicare and Medicaid | Telehealth

On July 29, the Center for Medicare and Medicaid Services (CMS) released its proposed revisions to the Medicare Physician Fee Schedule for 2020. The Proposed Rule was published in the Federal Register on August 14.

CMS proposed to add three new codes for treatment of opioid use disorder to the list of services that are

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NY IPA Focuses on Social Determinants of Health
August 13, 2019 | Behavioral Health | Home Health | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

On August 6, health insurer MVP Health Care announced an affiliation with Alliance for Better Health to address so-called social determinants of health in the Albany, New York area. The newly formed independent practice association (IPA), Healthy Alliance Independent Practice Association, is one of the first IPAs in the U.S. to focus exclusively on social

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NY DOH Revises Policy for ASC Approval
August 6, 2019 | Benjamin P. Malerba | Ada Janocinska | Hospitals | Legislation and Public Policy

The New York State Department of Health (DOH) recently revised its policy regarding the review and approval process for Certificate of Need (CON) applications for ambulatory surgery centers (ASCs).

The DOH’s current public need criteria favor the approval of new ASCs because they allow patients to obtain safe, low-cost and convenient surgical services outside a

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Back to School: No Religious Exemption for Immunizations in New York
July 29, 2019 | Legislation and Public Policy | Litigation

As parents and healthcare providers prepare for the start of the new school year, there are now more than 26,000 students who will need to get vaccinated as New York has eliminated exemptions from vaccinations due to religious beliefs. New York Public Health Law §§ 2164 and 2165 require students to be immunized against diphtheria,

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Marijuana Legalization Bills Introduced in Congress
July 26, 2019 | Behavioral Health | Cannabis | FDA | Legislation and Public Policy

On July 23, companion legislation was introduced in the House and Senate by Senator Kamala Harris of California and New York Congressman Jerrold Nadler to legalize and tax marijuana at the federal level. The tax revenue from this legislation would support job training, substance abuse treatment, literacy programs, and other services for communities that have been

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OIG Audit Reveals NY Medicaid Eligibility Errors
July 25, 2019 | Margarita Christoforou | Affordable Care Act | Legislation and Public Policy | Medicare and Medicaid

Based on a recent audit of payments under New York’s Medicaid program, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) estimated in a report that the state made hundreds of millions of dollars in payments to ineligible or “potentially ineligible” beneficiaries.

The audit examined payments to “non-newly eligible” beneficiaries, meaning

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FDA Warns on CBD Dietary Supplements
July 17, 2019 | Marc S. Ullman | Cannabis | FDA | Legislation and Public Policy | Pharmaceuticals

In a July 9 Warning Letter to Ceba-Tek, Inc. focused mainly on issues relating to failure to comply with regulations on Good Manufacturing Practices for Dietary Supplements, the U.S. Food and Drug Administration (FDA) again commented on the issues confronting companies producing and marketing CBD as an ingestible: “It is a prohibited act to introduce

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