It seems HHS is laying the groundwork for the issuance of the updates to HIPAA privacy and security rules under the HITECH Act. As reported May 16th in the Washington Post: ” The nation’s push to computerize medical records has failed to fully address longstanding security gaps that expose patients’ most sensitive information to hackers and […]
Monthly Archives: May 2011
Presentation to FAST Programme, National Franchise Centre at Limerick Institute of Technology (17.5.2011)
We were delighted that Keith Burke a solicitor and trademark agent in our Business Department was invited to make presentations to the Franchise Acceleration Start Up Training (FAST) Programme, National Franchise Centre at Limerick Institute of Technology, O’Connell Street Campus on 11th and 16th May 2010.
Keith presented on a number of issues including consumer law and key issues arising in franchise agreements.
The National Franchise Centre is Europe’s first centre of excellence for franchise development. Six month training programmes are provided on franchise opportunities in Ireland and elsewhere by the National Franchise Centre. The FAST Programme was launched by Limerick Institute of Technology in partnership with Limerick Chamber of Commerce.
Rick Hindmand and Liz Sullivan were featured in "Stark Law Disclosure Requirement for MRI, CT and PET Tests," published by RBMA
Stark Law Disclosure Requirement for MRI, CT and PET Tests
By: Rick Hindmand and Liz Sullivan
As of January 1, 2011, physicians who furnish MRI, CT or PET services for their Medicare patients in reliance on the in-office ancillary services exception must inform the patient in writing at the time of the referral that the patient may obtain the MRI, CT or PET test from others. This disclosure requirement was enacted as part of the Patient Protection and Affordable Care Act. The notice to patients must be provided at the time of the referral and must include a list of at least five other “suppliers” within a 25 mile radius of the physician’s office.
Rick Hindmand was featured in "CMS Regulations Expand Enrollment Screening Procedures and Authority to Suspend Payment," published by RBMA
CMS Regulations Expand Enrollment Screening Procedures and Authority to Suspend Payment
By: Rick Hindmand
The Centers for Medicare & Medicaid Services (CMS) recently announced a final rule (the “Rule”) adopting three levels (limited, moderate and high) of screening standards for Medicare, Medicaid and Children’s Health Insurance Program (CHIP) providers and suppliers based on the level of risk for fraud. The Rule also establishes procedures for the imposition of moratoria on the enrollment of categories of providers, and establishes procedures for the suspension of Medicare and Medicaid payments, in whole or in part, in cases of “credible allegations of fraud.”
Liz Sullivan featured in "Proposed Rules for the State Innovation Application Process Released by the Departments of Health and Human Services…
Liz Sullivan was featured in “Proposed Rules for the State Innovation Application Process Released by the Departments of Health and Human Services and Treasury Issue,” published by RBMA.
Proposed Rules for the State Innovation Application Process Released by the Departments of Health and Human Services and Treasury Issue
By: Liz Sullivan
The Departments of Health and Human Services and the Treasury recently issued a set of proposed rules outlining how states may apply for “Innovation Waivers.” Innovation Waivers would exempt states from many of the requirements of the Patient Protection and Affordable Care Act (ACA). The proposed rules follow a year of state challenges to the ACA as well as increasing efforts by Republicans to repeal the ACA. Under the ACA, states are not eligible to obtain innovation waivers until 2017; however a new bi-partisan bill supported by President Obama would make state waivers available as early as 2014.
Rick Hindmand and Rachel Yaffe were featured in "Registration Required for Illinois Medical and Professional Limited Liability Companies," by RBMA
Registration Required for Illinois Medical and Professional Limited Liability Companies
By: Rick Hindmand and Rachel Yaffe
A new rule requires Illinois Limited Liability Companies (LLCs) that provide medical, dental or other professional services to register with the Illinois Department of Financial and Professional Regulation (IDFPR).
Many health care professions licensed through IDFPR are affected by the new registration requirements, including physicians, dentists, chiropractors, podiatrists, physician assistants, nurses, physical and occupational therapists, acupuncturists, audiologists, naprapaths, optometrists, pharmacists, clinical psychologists, social workers, and veterinarians.
Tom Zaino was quoted in "Ohio Foreign-Trade Zones Create Ideal Business Location," published by the Ohio Business Development Coalition
McDonald Hopkins’ Member, Tom Zaino, was quoted in the May 2011 article, “Ohio Foreign-Trade Zones Create Ideal Business Location,” published by the Ohio Business Development Coalition.
Dale Vlasek was featured in "Enforcement of Nondiscrimination Rules for Insured Group Health Plan Delayed," published by RBMA
Enforcement of Nondiscrimination Rules for Insured Group Health Plan Delayed
By: Dale Vlasek
The Health Care Reform legislation made revisions to how employers provide health benefits. One of the more drastic was the application of nondiscrimination rules to insured group health plans. Technically, these non-discrimination rules only apply to nongrandfathered group health plans.
How these nondiscrimination rules will apply to what were previously common employer practices is uncertain. For example, is it permissible for a practice to pay 100% of a physician’s premium for family coverage while requiring staff to pay some or all of that same premium? May a plan permit individuals to voluntarily elect not to be covered because they are covered by a spouse’s coverage?
Electronic Medical Records: Incentive Payments
By: Rachel Yaffe
This year, billions of federal stimulus dollars are expected to flow to the medical community to aid in the implementation of electronic medical records (EMR). As part of the American Recovery and Reinvestment Act of 2009, the Health Information Technology for Economic and Clinical Health Act (or the HITECH Act for short) was enacted to promote the adoption of health information technology. Under the HITECH Act, eligible physicians who use an EMR system in a “meaningful way” can receive up to $44,000 in incentive payments. However, the government has tiered the payments such that early adopters will receive more of an incentive payment than later adopters.
By: Betsy Johnson
Under the Obama administration, the U.S. Department of Labor (DOL) has implemented a number of initiatives in support of its enforcement of federal wage and hour laws and its mission of making employers more accountable for compliance with these laws. These include the “We Can Help” and “Bridge to Justice” initiatives.
The DOL has now announced that it is launching a free application for smartphones. This new “app” provides non-exempt employees with an electronic “timesheet” that allows them to independently track the hours they work and determine the amount of wages owed. The new application is available in both English and Spanish, and it allows users to track regular work hours, break time and overtime hours for themselves and/or co-workers. The DOL intends to explore other applications that would allow employees to independently track tips, commissions, bonuses, deductions, holiday pay, pay for weekends, shift differentials and pay for regular days of rest.