RECENT HEALTH LAW NEWS


Self-Aware is Self-Defense: The Key to Good Corporate Compliance
August 31, 2021 | Rivkin Rounds Staff | False Claims Act | Fraud and Abuse | HIPAA | Hospitals | Legislation and Public Policy | Litigation | Medicare and Medicaid | Private Insurers
On Thursday, September 9, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Geoffrey R. Kaiser will present how to unearth compliance risks relating to: The federal Anti-Kickback Statute The Stark Law The False Claims Act The HIPAA Privacy Rule The presentation will focus on the kinds of questions organizations must …
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Federal Government Delays Enforcement of Price Transparency Rule
August 30, 2021 | Eric D. Fader | Affordable Care Act | Legislation and Public Policy | Pharmaceuticals | Private Insurers
The federal government will delay for six months its enforcement of key portions of the Transparency in Coverage (TiC) final rule that goes into effect on January 1, 2022. The change was announced in guidance issued jointly by the U.S. Departments of Labor, Health and Human Services, and the Treasury on August 20. The TiC …
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OIG Issues Favorable Advisory Opinion on Arrangement between Medigap Plan and Hospital Network
August 23, 2021 | Ada (Kozicz) Janocinska | Fraud and Abuse | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Private Insurers
On August 16, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued a favorable Advisory Opinion regarding an arrangement between a Medicare Supplemental Health Insurance (“Medigap”) plan and a preferred hospital organization (PHO). The arrangement in question incentivized Medigap policyholders to seek inpatient care from hospitals that participated in the …
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Delta Variant Prompts Mandatory Vaccinations and Mask Requirements
August 10, 2021 | Brian S. Conneely | John K. Diviney | COVID-19 | Employer/Employee | Legislation and Public Policy
The Delta variant, which increased COVID cases and hospitalizations, also prompted new federal and local COVID rules and mandates, and required employers to revisit their existing COVID policies. OSHA announced a new COVID Emergency Standard for health care employers to take effect in July 2021. This new Emergency Standard requires health care employers to address a number …
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Healthcare Employers Can Mandate Vaccines, but Some Caution Necessary
August 5, 2021 | Rivkin Rounds Staff | COVID-19 | Employer/Employee | Legislation and Public Policy
An article in the August issue of Healthcare Risk Management, “Healthcare Employers Can Mandate Vaccines, but Some Caution Necessary,” discussed recent federal guidance and court decisions that allow hospitals and other healthcare employers to require COVID-19 vaccines for their employees. Rivkin Radler’s Brian Conneely was quoted in the article. “Based on recent federal court decisions, …
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New CT Cybersecurity Law Protects Against Liability for Data Breaches  
August 5, 2021 | Benjamin J. Wisher | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy
Connecticut Governor Ned Lamont recently signed into law “An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses” (Public Act No. 21-119). Under the Act, “covered entities” that implement certain cybersecurity measures to protect against data breaches of “personal information” and “restricted information” will be insulated against the imposition of punitive damages arising from tort …
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Hospitals Violate Price Transparency Rule; CMS Proposes Increased Penalties
July 30, 2021 | Eric D. Fader | Hospitals | Legislation and Public Policy | Medicare and Medicaid
A new federal hospital price transparency rule that took effect on January 1, 2021, requires hospitals to post all prices for services online in an easily accessible format. However, a report recently released by PatientRightsAdvocate.org found that 94.4% of hospitals were not in compliance with the rule, because one or more price transparency requirements were …
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NY Department of Labor Issues Airborne Infectious Diseases Model and Standards for Worksites
July 29, 2021 | Brian S. Conneely | John K. Diviney | COVID-19 | Employer/Employee | Legislation and Public Policy
The New York Department of Labor has issued Model Safety Plans and Standards for airborne infectious diseases. All employers, regardless of size and with a worksite in New York, must adopt a safety plan by August 5, 2021, and must post, distribute and include the plan in their handbooks to all employees and new hires by September …
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Responding to Information Requests from Payors and Regulators
July 29, 2021 | Rivkin Rounds Staff | Electronic Health Records | Medicare and Medicaid | Private Insurers
On Thursday, August 12, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, firm partners Christopher J. Kutner and John Queenan will discuss how to construct the proper response to information requests from third-party payors and regulators.  The presentation will cover: • State and federal agency requests • Payor requests (Medicare, …
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Proposed Physician Fee Schedule Adds Coverage for Remote Therapeutic Monitoring
July 21, 2021 | Eric D. Fader | Electronic Health Records | Home Health | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid | Telehealth
The proposed 2022 Medicare Physician Fee Schedule released on July 13 by the Centers for Medicare & Medicaid Services (CMS) includes a new category of CPT codes for “remote therapeutic monitoring” (RTM). The new codes are in addition to the set of codes introduced in 2019 for remote physiological monitoring, usually called remote patient monitoring …
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