RECENT HEALTH LAW NEWS


DOJ Charges 138 with $1.4B in Telehealth Fraud, Other Schemes
September 21, 2021 |Eric Fader | COVID-19 | Fraud and Abuse | Home Health | Litigation | Medicare and Medicaid | Telehealth
On September 17, the U.S. Department of Justice (DOJ) announced criminal charges against 138 defendants for alleged healthcare fraud schemes that resulted in $1.4 billion in losses. Those charged included 23 doctors, 19 nurses and other licensed professionals, and 96 laypeople, in 31 federal districts across the U.S. Telehealth-related fraud…
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Federal Government Delays Enforcement of Price Transparency Rule
August 30, 2021 |Eric 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…
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OIG Issues Favorable Advisory Opinion on Arrangement between Medigap Plan and Hospital Network
August 23, 2021 |Ada 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…
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Delta Variant Prompts Mandatory Vaccinations and Mask Requirements
August 10, 2021 |Brian Conneely and John 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…
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New CT Cybersecurity Law Protects Against Liability for Data Breaches
August 05, 2021 |Benjamin 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…
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Hospitals Violate Price Transparency Rule; CMS Proposes Increased Penalties
July 30, 2021 |Eric 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…
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NY Department of Labor Issues Airborne Infectious Diseases Model and Standards for Worksites
July 29, 2021 |Eric Fader | 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…
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Proposed Physician Fee Schedule Adds Coverage for Remote Therapeutic Monitoring
July 21, 2021 |Eric 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…
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Proposed Physician Fee Schedule Includes Expanded Telehealth Reimbursement
July 15, 2021 |Eric Fader | Behavioral Health | Legislation and Public Policy | Medicare and Medicaid | Telehealth | behavioral health
The proposed 2022 Medicare Physician Fee Schedule, released on July 13 by the Centers for Medicare & Medicaid Services (CMS), includes expanded reimbursement for behavioral health services delivered by telehealth, including reimbursing providers for audio-only telephone calls. The proposed expansion would allow Medicare beneficiaries with mental health or substance abuse disorders…
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OIG: Hospitals Need to Improve Oversight of Cybersecurity for Networked Medical Devices
June 29, 2021 |Eric Fader | Cybersecurity | Electronic Health Records | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid
On June 23, the Department of Health and Human Services Office of Inspector General (OIG) posted on its website an Issue Brief entitled “Medicare Lacks Consistent Oversight of Cybersecurity for Networked Medical Devices in Hospitals.” According to the OIG, the Centers for Medicare & Medicaid Services should amend interpretative guidelines or other…
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