Health Law MonitorOIG and Industry Leaders Release New Compliance Guidance for Health Care BoardsMay 5, 2015 On April 20, 2015, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”), in collaboration with the American Health Lawyers Association (“AHLA”), the Association of Healthcare Internal Auditors (“AHIA”) and the Health Care Compliance Association (“HCCA”) released new compliance guidance for health care boards entitled “Practical Guidance for Health Care Governing… Senate Bill 6 and its Impact on Health Care ProfessionalsApril 7, 2015 The West Virginia Legislature recently amended the Medical Professional Liability Act, W.Va. Code 55-7B-1, et seq. (“MPLA”) through Senate Bill 6. These amendments accomplished several things including broadening the statutory definitions of “health care provider” and “health care” to encompass a wider range of health care professionals, health care related activities, and provide MPLA… State Law Causes of Action for Patient Privacy Breach Proceed Despite HIPAA PreemptionMarch 18, 2015 Since its enactment, many providers have been faced with the risk of government sanctions for patient privacy breaches under the Health Insurance Portability and Accountability Act (“HIPAA”), but have been able to seek solace in the fact that HIPAA does not allow for a private cause of action and preempts conflicting state law. The Connecticut Supreme Court’s opinion in Byrne v. Avery… Indiana Medicaid ExpansionMarch 3, 2015 On June 28, 2012, the United States Supreme Court issued its ruling in National Federation of Independent Business vs. Sebelius, the landmark case that challenged the constitutionality of the Patient Protection and Affordable Care Act, known as Obamacare (“ACA”). While the Court upheld the constitutionality of most of the ACA, the Court was fragmented on many of the issues. Perhaps the… HHS Sets Clear Goals and Timeline to Transition From Volume to Value-Based Medicare ReimbursementFebruary 3, 2015 On January 26, 2015, the United States Department of Health and Human Services (“HHS”) Secretary Sylvia M. Burwell (the “Secretary”) reiterated the government’s commitment to move Medicare from fee-for-service (FFS) payments to value-based reimbursement. The Secretary published measurable goals and a timeline for the Medicare program to pay providers based on quality rather than… |
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