View Recent Blog Posts in Health Law

  • Some (But Not All) ACA Deadlines Extended for 2016 Reporting Year By Brian R. Carnie On Friday, November 18, 2016, the IRS announced an automatic extension of the Affordable Care Act deadlines for distributing the 1094-B/1095-B and 1094-C/1095-C forms to employees. This relief gives applicable employers an additional 30 days (from January 31, 2017 to March 2, 2017) to deliver these forms to employees. This relief [...] Continue Reading... ....
  • Louisiana Updates Telemedicine Rules By Jennifer J. Thomas During the 2016 regular Legislative session, the Louisiana Legislature amended and reenacted several statutes relative to the practice of telemedicine. Under the prior legislation, a physician was required to conduct an in-person patient history and physical exam before engaging in a telemedicine encounter.   Now, a physician who is either licensed in [...] Continue Reading... ....
  • OIG Proposes to Expand the Authority of Medicaid Fraud Control Units By Jennifer J. Thomas The Centers for Medicare and Medicaid Services, Office of the Inspector General (“OIG”) published a Proposed Rule in the September 20, 2016 Federal Register that would change the structure and expand the authority of State Medicaid Fraud Control Units (“MFCU”). The OIG wants to change the Federal participation in the costs [...] Continue Reading... ....
  • Get Your Medications In Sync By Jennifer J. Thomas The Louisiana Board of Pharmacy promulgated a Final Rule on September 20, 2016 giving Louisiana licensed pharmacists the authority to perform medication synchronization and refill consolidation services for their patients.   Under the Rule, the pharmacist may adjust the dispensing quantity and refill schedule for multiple medications so that all of the [...] Continue Reading... ....
  • Louisiana Department of Health Issues Emergency Rules Impacting Pediatric Day Health Care Facilities By Jennifer J. Thomas The Louisiana Department of Health issued two Emergency Rules in the September 20, 2016 Louisiana Register amending licensing standards governing Pediatric Day Health Care Facilities in an effort to avoid a budget deficit in the medical assistance program. The Emergency Rules revised the PDHC’s Program description and criteria to provide that [...] Continue Reading... ....
  • HHS OCR: Ransomware Attacks Usually Qualify as a HIPAA Breach By Jessica Engler and Lyn Savoie Ransomware is here to stay. According to a recent United States Government interagency report, on average, there have been approximately 4,000 daily ransomware attacks since early 2016, which is a 300 percent increase from the approximately 1,000 daily ransomware attacks reported in 2015.[1] A significant percentage of those affected [...] Continue Reading... ....
  • Failure to Have a HIPAA Business Associate Agreement Results in $750,000 Fine By Lyn S. Savoie On April 14, 2016, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), entered into a $750,000 settlement with a North Carolina orthopaedic clinic arising from the clinic’s disclosure of x-ray films and related protected health information of 17,300 patients to an entity that was engaged [...] Continue Reading... ....
  • CMS Issues Final Rule for Face-to-Face Requirements for Home Health Services Covered by Medicaid By Deborah J. Juneau The Department of Health and Human Services, Centers for Medicare and Medicaid (“CMS”) issued a final rule on February 2, 2016 regarding the requirements for a face-to-face encounter for patients receiving home health services payable by Medicaid.  In order to ensure that states and providers appropriately implement the provisions in the [...] Continue Reading... ....
  • CMS Issues Final Rule for Reporting and Returning Overpayments By Deborah J. Juneau On February 12, 2016, the Department of Health and Human Services, Centers for Medicare and Medicaid Services (“CMS”) promulgated the final rule on the requirement that providers and suppliers receiving funds under the Medicare program report and return overpayments by the later of sixty (60) days after the date on which [...] Continue Reading... ....
  • Attention Louisiana Physicians: State Board of Medical Examiners Issues Final Rules on the Complaint and Investigation Process By Jennifer J. Thomas On December 20, 2015, the Louisiana State Board of Medical Examiners’ (“LSBME”) published in the Louisiana Register the final rules for processing complaints against physicians and investigations regarding the practice of medicine.   The new rules are contained in Chapter 97 of LAC 46:XLV and are a result of Act 441 of [...] Continue Reading... ....