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  • New CMS Waivers for Stark Law, NCD, LCD and Supervision Requirements During Public Health Emergency By: Jennifer Jones Thomas Physicians enrolled in Medicare are all-to-familiar with the constraints of the Stark Law which prohibits physicians from making referrals for designated health services (“DHS”) payable by Medicare when the physician (or immediate family member) has a financial relationship with the entity performing the DHS.  On March 30, 2020, CMS announced a... Continue Reading... ....
  • U.S. Dept. of Health and Human Services Makes it Illegal to Hoard Certain PPE, Ventilators and Sanitizing/Disinfecting Products By Lauren Rucinski On Monday, March 30, 2020 the U.S. Department of Health and Human Services (DHHS) issued a notice in the Federal Register declaring certain goods as “scarce,” which means it is illegal to hoard those items. The DHHS is acting under authority granted by President Trump under the Defense Production Act of 1950... Continue Reading... ....
  • CMS Expands Medicare Telehealth Benefits During Public Health Emergency By Jennifer Jones Thomas CMS has expanded Medicare telehealth benefits on a temporary and emergency basis pursuant to the Coronavirus Preparedness and Response Supplemental Appropriations Act.  Starting March 6, 2020, Medicare will pay for office, hospital, and other visits furnished via telehealth provided by doctors, nurse practitioners, clinical psychologists, and licensed clinical social workers.  The... Continue Reading... ....
  • HIPAA Privacy Rule Regulatory Response to COVID-19 By Jessica Engler and Jennifer Jones Thomas The COVID-19 pandemic is reshaping many areas of law and regulation as businesses grapple with maintaining compliance, while also responding to the fluid needs of their clients and employees. In an effort to ease the regulatory burden on businesses, certain government agencies have made announcements that their offices... Continue Reading... ....
  • Comments on Social Media Could be Costly Under HIPAA By: Jennifer J. Thomas The U.S. Department of Health and Human Services, Office of Civil Rights (“OCR”), announced on October 2, 2019, that it had entered into a settlement with a private dental practice that had violated the HIPAA Privacy Rule by posting patient protected health information (“PHI”) on Yelp.  The OCR received a complaint... Continue Reading... ....
  • Patient Phone Calls, To Record or Not to Record? By: Elizabeth J. Wilson The practice of medicine is changing almost daily, and a big contributor to the new landscape is technology. With the ever-growing list of apps and software platforms available, physicians and other health care providers are able to find and treat their patients in ways that were not possible in previous years.... Continue Reading... ....
  • Who You Affiliate with Could Jeopardize Your Medicare Enrollment By Jennifer Jones Thomas On September 10, 2019, the Centers for Medicare and Medicaid Services (“CMS”) published a Final Rule in the Federal Register which will require Medicare, Medicaid, and Children’s Health Insurance Program (“CHIP”) providers and suppliers to disclose current and previous affiliations with other providers and suppliers who CMS identifies as posing an... Continue Reading... ....
  • Telemedicine Help is on the Way for Louisiana Patients on Vacay By Jennifer Jones Thomas In December of 2018, the Louisiana State Board of Medical Examiners (“The Board”), approved adoption of an amendment to the rules governing the practice of telemedicine.  The Board published a Notice of Intent for the amendment in April of 2019 in the Louisiana register with the amended Rule becoming final on... Continue Reading... ....
  • CMS Posts Revisions to Voluntary Self-Referral Disclosure Protocol By the Kean Miller Health Law Team On March 27, 2017, the Centers for Medicare and Medicaid Services (CMS) posted revisions to the Voluntary Self-Referral Disclosure Protocol (SRDP), which provides a process for the disclosure of potential or actual violations of the federal physician self-referral law (commonly known as the Stark Law).  In an attempt... Continue Reading... ....
  • OCR Settlement Highlights the Importance of Timely Breach Notification By the Kean Miller Health Law Team On January 9, 2017, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced its first HIPAA settlement arising from a failure to provide timely breach notification. Presence Health Network (Presence), one of the largest health care systems in Illinois, agreed to pay $475,000... Continue Reading... ....