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CMS has finalized a rule that expands Medicare coverage for telehealth services. This final rule, along with other new rules and waivers by the federal government, state governments and private payors, has significantly expanded access to and coverage of virtual health care services in response to the public health emergency. READ MORE
Last month, the US Court of Appeals for the Fifth Circuit issued a ruling vacating a $4.3 million dollar civil monetary penalty against the University of Texas MD Anderson Cancer Center by the US Department for Health and Human Services for alleged violations of the HIPAA Privacy and Security Rules. READ MORE
On January 15, 2021, the Department of Health and Human Services announced it has amended the reporting timeline for those who received Provider Relief Fund payments exceeding $10,000 in the aggregate. Additionally, pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, HHS revised the methodology for calculating lost revenues. READ MORE
In response to the COVID-19 pandemic, states across the country have issued emergency declarations or disaster proclamations. It is important to track the expiration of a state’s emergency declaration to ensure appropriate compliance with various legal requirements. READ MORE
Recipients of aid from the Provider Relief Fund are required to submit reports detailing how the funds were used, but detailed instructions and a data collection template have not yet been released. This article outlines what we know about the reporting deadlines while recipients await further guidance. READ MORE
The Department of Health and Human Services has updated its FAQs regarding the Provider Relief Fund contained in the CARES Act. It is important to monitor these changes because HHS has changed its position on certain issues and such changes could impact a provider’s ability to retain the funds. READ MORE
As a new year starts, health care organizations looking to grow or sell their businesses in the upcoming months will need to tackle the key question of which transaction structure is the best fit based on significant financial, business and operational considerations. READ MORE
On October 9, 2019, the DHSS proposed significant amendments to the Stark Law, Anti-Kickback Law and Civil Monetary Penalty Law. These proposed amendments are intended to modernize and clarify these laws, encourage value-based arrangements and care coordination and reduce some of the key burdens these laws impose on health care providers. READ MORE
On July 18, 2019, CMS published a rule that finalized certain requirements for long-term care facilities using pre-dispute arbitration agreements with residents. The final rule is scheduled to go into effect on September 16, 2019. READ MORE
The Office of Civil Rights has asked for public input how the agency might modify the HIPAA Privacy, Security and Breach Notification Rules in a Request for Information. The 50 questions in the RFI reveals notable insights for the OCR’s future plans to improve care coordination and reduce regulatory burdens. READ MORE
As the opioid crisis continues, the Department of Health and Human Services has provided information to help health care providers know what they can and cannot disclose to concerned family members trying to help addicted loved ones. READ MORE
U.S. District Judge Richard Leon's decision in the AT&T-Time Warner merger has set a precedent regarding antitrust scrutiny in large mergers. The decision demonstrates how vertical mergers may lead to less scrutiny—and that likely goes for the health care industry as well. READ MORE
In August, CMS issued a proposed rule seeking to reduce mandatory participation requirements in the CJR program and eliminate the episode payment models and CR incentive payment model before their scheduled effective date. READ MORE
A recent Massachusetts case highlights the tension inherent in geo-location targeted ads— the ability to target customers through their mobile devices, right to down to where they are and what they are doing — as well as special concerns that crop up when advertisers target consumers using health care metrics. READ MORE
Like all cybersecurity threats, the risk of a ransomware attack cannot be eliminated. But the health care industry is not defenseless. With careful planning and a cybersecurity breach response plan, any lasting damage from an incident can be substantially reduced by planning before a crisis unfolds. READ MORE
It is critical that cyber risk insurance is designed to both: (1) adequately mitigate future harm to those whose private information is compromised as a result of a data breach; and (2) satisfy the full array of damages sought by such third parties, including damages for future injuries resulting from the anticipated improper use of data. READ MORE
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