Health Law MonitorA Shield Is Upon Us - COVID-19 Protections For Health Care ProvidersApril 29, 2021 The West Virginia Legislature recently passed the “COVID-19 Jobs Protection Act,” which is intended to provide immunity to health care providers and health care facilities (among other persons and entities) from claims arising from incidents relating to COVID-19. W. Va. Code 55-19-1 et seq. The new statute went into effect on March 11, 2021 and provides that, “[n]otwithstanding any law to the… Federal Agency Issues New Guidance on Substance Use Disorder Confidentiality RequirementsApril 21, 2021 SAMHSA’s Recent Statement on 42 C.F.R. Part 2The Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a statement on April 9, 2021 regarding 42 C.F.R. Part 2 (commonly referred to as “Part 2”). In its statement, SAMSHA asserted that it intends to publish amendments to the Part 2 regulations later this year, and affirmed that the current Part 2 regulations (including the… "Play Ball" - The No Surprises Act and Its Independent Dispute Resolution ProcessMarch 22, 2021 Some Inside BaseballTypically, when a person is seeking medical care, he or she will select a provider who is in-network. This is because a provider will discount its list prices (or charges) in order to be included in an insurance plan’s network.1 Hence, a patient will often seek in-network providers because of this lower negotiated rate.2 But in practice, a patient does not always have this… Colorado Candor Act C.R.S. 25-51-104 to 106March 2, 2021 Many of you are aware of “I’m sorry” laws that have been passed in many states which allow doctors and other healthcare providers to express sympathy and regret about an adverse event without it being used against them in a later civil suit. These laws are intended to provide freedom for the practitioner to communicate with a patient on a personal basis without worry over legal consequences of… The Sprint is Over: HHS Releases Anti-Kickback Statute Reform to Support Coordinated, Value-Based Care Arrangements (PART I OF THE AKS FINAL RULE MINI-SERIES)December 18, 2020 The Federal Anti-Kickback Statute (“AKS”) is a criminal statute that prohibits transactions intended to induce or reward referrals for items and services reimbursed by federal health care programs (such as, Tricare, Medicare, and Medicaid). On November 20, 2020, the United States Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) issued a final rule that amends… The Winds of Change - Defining Value in HealthcareDecember 14, 2020 On November 20th, 2020, the Centers for Medicare & Medicaid Services (CMS) made sweeping changes to the Stark Law through the issuance of a new “Final Rule,” which is an essential mile-marker in the government’s Sprint to Coordinated Care. Many industry stakeholders have been eagerly awaiting the Final Rule’s issuance, hoping that it would provide more flexibility and clarity to this complex… HHS Proposes Modifications to The HIPAA Privacy RuleDecember 11, 2020 On December 10, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed updates aim to give patients more access to their health information and improve coordinated care, while also ensuring that patients are afforded privacy and security… The Issue of Hospital Capacities in the Wake of COVID-19December 7, 2020 Gov. Jared Polis entered Executive Order D 2020 249 to clarify the order of operations for the increasing hospital capacity in the State of Colorado. Hospitals were directed to increase their capacity internally by utilizing unused space and supplementing their staffing. If further capacity is needed, the hospitals were directed to decrease the number of elective procedures being performed at the… Hospital Price Transparency is ComingNovember 30, 2020 Three separate price transparency rules have been published or go into effect soon. Hospitals and insurers need to prepare for compliance and all of the legal issues that will arise during implementation of the rules. The Hospital Price Transparency RuleBeginning January 1, 2021, the Hospital Price Transparency Rule (“Hospital Transparency Rule”) goes into effect, requiring all hospitals, as… At Long Last--CMS & OIG Issue Rules Embracing Value Based Payment SystemsNovember 23, 2020 The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued their long-awaited final rules on November 20, 2020. The final rules revise the Medicare Physician Self-Referral law (Stark law), the Federal Anti-kickback statute, and the Civil Monetary Penalties Rules.1 Each agency has issued a Fact Sheet highlighting the… SHOW ME THE DATA: ONC COMPLIANCE DEADLINE EXTENDEDNovember 19, 2020 The Office of the National Coordinator extended compliance deadlines to its 21st Century Cures Act: Interoperability, Information Blocking, and ONC Health IT Certification Program Final Rule (the “Final Rule”). This extension postpones compliance requirements for the Information Blocking provisions that were set to go into effect November 2, 2020 until April 5, 2021. Clearly this provides… HHS Office of Inspector General Issues Special Fraud Alert Regarding Pharmaceutical and Medical Device Company Speaker ProgramsNovember 19, 2020 On November 16, 2020, the HHS Office of Inspector General (“OIG”) issued a special fraud alert regarding “the offer, payment, solicitation, or receipt of remuneration” relating to speaker programs for pharmaceutical and medical device companies. The targeted speaking engagements involve programs presented by physicians or other healthcare provider, who are not employed by the company, and the… |
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