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  • 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... ....
  • Standing Orders Permitted for the Distribution of Naloxone By Jennifer J. Thomas Recognizing the global problem of abuse and addiction to opioids, the Louisiana Legislature and the Louisiana Board of Pharmacy have enacted legislation and regulations to provide for the prescribing, dispensing and administration of Naloxone, an opioid antagonist. In 2014, the Louisiana Legislature passed legislation authorizing “first responders” (peace officers, firefighters, EMS... Continue Reading... ....
  • 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... ....