Legislation and Public Policy


Healthcare: The Next Frontier
March 5, 2019 | Rivkin Rounds Staff | Affordable Care Act | Employer/Employee | Hospitals | Legislation and Public Policy | Private Insurers

A March 1 article in Long Island Business News entitled “Healthcare: The next frontier” discussed the issues raised at a recent roundtable discussion on the current state of the healthcare industry. The panel included Rivkin Radler partners Robert Iseman and Benjamin Malerba; Dr. Zeyad Baker, ProHEALTH Care Associates’ president and CEO; Jeffrey Kraut, executive vice

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OCR May Alter HIPAA Rules to Ease Compliance, Care Coordination
February 28, 2019 | Rivkin Rounds Staff | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy

An article in the March issue of Healthcare Risk Management discussed a Request for Information (RFI) released in December by the U.S. Department of Health and Human Services’ Office of Civil Rights (OCR). The RFI, which seeks public input on how the HIPAA rules may be modified to promote coordinated, value-based healthcare, was previously discussed

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CMS Proposed Rule Focuses on Patient Access to Health Info
February 21, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Medicare and Medicaid

Yesterday’s Rivkin Rounds post discussed the Proposed Rule on information blocking recently released by the Office of the National Coordinator for Health Information Technology (ONC). The Centers for Medicare & Medicaid Services (CMS) simultaneously released its own 251-page Proposed Rule, addressing some of the same concerns but focused on interoperability and patients’ access to their

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ONC’s Proposed Info-Blocking Rule Includes Broad Exceptions
February 20, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy

The Office of the National Coordinator for Health Information Technology (ONC) and the Centers for Medicare & Medicaid Services both recently released proposed rules regulating so-called information blocking, the practice of interfering with the exchange of electronic health information (EHI). Information blocking, a violation of HIPAA, occurs most commonly when a healthcare provider terminates its

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FTC Investigations Could Bring Unwanted Scrutiny to Hospitals
January 18, 2019 | Rivkin Rounds Staff | Affordable Care Act | Antitrust | Hospitals | Legislation and Public Policy | Litigation | Private Insurers

An article in Relias Media’s Healthcare Risk Management newsletter, “FTC Investigations Could Bring Unwanted Scrutiny to Hospitals,” discussed potential investigations of hospitals’ anti-competitive behavior by the Federal Trade Commission.  Rivkin Radler’s Robert H. Iseman was featured prominently in the article.

Bob noted that hospitals and health systems that are considered “must-have” participants in health insurance plans face

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Starting the New Year with Hospital Price Transparency
January 8, 2019 | Affordable Care Act | Hospitals | Legislation and Public Policy | Medicare and Medicaid

As of January 1, hospitals are now required to post charges for their standard items and procedures online in an effort to increase price transparency. Section 2718(e) of the Public Health Service Act, part of the Affordable Care Act, requires each hospital in the U.S. “for each year [to] establish (and update) and make public

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OB/GYN Practice Liable to Patient for Breach of Confidentiality
January 7, 2019 | Eric D. Fader | HIPAA | Legislation and Public Policy | Litigation

A Connecticut state court ruled in December that an obstetrics and gynecology practice must pay a former patient close to $2 million, the latest round in an 11-year saga in which the case was appealed to the state Supreme Court twice. The defendant medical practice was found to have breached the confidentiality of the plaintiff’s

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HIPAA Clarity Coming for Coordinated Care
January 4, 2019 | Rivkin Rounds Staff | Electronic Health Records | HIPAA | Legislation and Public Policy

On December 12, the U.S. Department of Health and Human Services’ Office of Civil Rights (OCR) issued a Request for Information (RFI) seeking public input on how the HIPAA rules, especially the Privacy Rule, could be modified to promote coordinated, value-based healthcare. A January 1 article in Health Law360 entitled “Health Care Policy Moves To

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Here’s Why Your Tax Dollars Are Overpaying for Medicaid
January 3, 2019 | Rivkin Rounds Staff | Legislation and Public Policy | Medicare and Medicaid

A January 2 article in Bloomberg Law’s Health Law & Business, “Here’s Why Your Tax Dollars Are Overpaying for Medicaid,” discussed the Medicaid program’s difficulty in recovering inappropriate payments made by states to doctors. A December 11 report by the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) said the lack

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Midterm Election Results: 6 Ways Healthcare Could Change in 2019
December 27, 2018 | Rivkin Rounds Staff | Affordable Care Act | Legislation and Public Policy | Medicare and Medicaid | Pharmaceuticals

A December 6 article in Managed Healthcare Executive, “Midterm Election Results: 6 Ways Healthcare Could Change in 2019,” discussed how Congress may attempt to address various healthcare issues next year. Rivkin Radler’s Eric Fader was quoted in the article.

Eric pointed out that the recently enacted Know the Lowest Price Act and Patient Right to Know Drug Prices Act will

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