Blog Archives

Part 2 Rule Update Modernizes SUD Record Disclosure Regulations

On January 3, 2018 the Substance Use and Mental Health Services Administration (SAMHSA) published a final rule implementing new changes to the Confidentiality of Substance Use Disorder Patient Records, 42 C.F.R. part 2 (Part 2). The Part 2 privacy regulations govern the confidentiality of substance use disorder (SUD) patient records which are maintained in connection […]

Read full article

Changes to Washington’s Pregnancy and Leave Laws

Accommodation of Pregnant Employees Effective July 23, 2017, employers in Washington State with 15 or more employees must provide specific reasonable accommodations for pregnant employees.  Undue hardship is not an excuse for some of the accommodations, including: Providing more frequent, longer, or flexible restroom breaks Modifying a no food or drink policy Providing seating or […]

The post Changes to Washington’s Pregnancy and Leave Laws appeared first on OMW Health Law.

Read full article

Healthcare Mobile Device Encryption: Is It Required?

Encryption of mobile device technology has become essential in the eyes of the OCR.  Although HIPAA treats encryption as an “addressable” safeguard –as opposed to a “required” safeguard— under the Security Rule, the following OCR settlements involving unencrypted mobile devices indicate that encryption is obligatory for HIPAA compliance. As new technologies emerge and the use […]

The post Healthcare Mobile Device Encryption: Is It Required? appeared first on OMW Health Law.

Read full article

Failure to Provide Communication Aid Costs Hospital $20K

John Dempsey Hospital agreed to pay $20,000 as compensation to a patient after failing to provide auxiliary communication aids during an emergency department visit. The patient, who is deaf and uses American Sign Language for communication, had to rely on a companion for all treatment communications.  In addition to paying compensation to the patient, the […]

The post Failure to Provide Communication Aid Costs Hospital $20K appeared first on OMW Health Law.

Read full article

Failure to Provide Communication Aide Costs Hospital $20K

John Dempsey Hospital agreed to pay $20,000 as compensation to a patient after failing to provide auxiliary communication aids during an emergency department visit. The patient, who is deaf and uses American Sign Language for communication, had to rely on a companion for all treatment communications.  In addition to paying compensation to the patient, the […]

Read full article

Texas Injunction on Modifications to “Exempt” Status May Affect WA Healthcare Employers

The Department of Labor’s (the “DOL”) new rule related to the salary-level test for exempt employees was challenged yesterday in a broad ruling from the Eastern District of Texas.  Yesterday, a federal judge in the Eastern District of Texas issued a nationwide preliminary injunction against the DOL rule which increased the salary-level test for exempt […]

The post Texas Injunction on Modifications to “Exempt” Status May Affect WA Healthcare Employers appeared first on OMW Health Law.

Read full article

MACRA Released

On Friday, CMS released the MACRA final rules, its innovative payment system for Medicare replacing the sustainable growth rate formula and the EHR Incentive Program for Medicare providers. MACRA creates the framework for providers to participate in the CMS Quality Payment Program through either the Advanced Alternative Payment Models (Advanced APMS) or the Merit-based Incentive […]

The post MACRA Released appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

Read full article

HIPAA Audit Program Phase II – Have You Been Selected?

Phase II of the HIPAA Audit Program has begun, with many covered entities and business associates receiving a “Audit Entity Contact Verification” message from the Department of Health and Human Services (HHS) and the Office of Civil Rights (OCR). The communication requires the individual recipient to verify that he or she is the primary contact […]

Read full article

Can non-MSSP ACOs qualify for Tax-Exempt Status?

The Internal Revenue Service (IRS) recently affirmed its decision to deny 501(c)(3) tax-exempt status to an accountable care organization (ACO) that did not participate in the Medicare Shared Savings Program (MSSP). The IRS initially denied the ACO’s request for tax exempt status in a determination letter dated August 25, 2014. While neither the determination letter […]

The post Can non-MSSP ACOs qualify for Tax-Exempt Status? appeared first on OMW Health Law.

Read full article

A Question of Privilege: Protecting Data in a Clinically Integrated Network

In this emerging era of healthcare reimbursement based on value, many providers are considering different ways to provide services to patients.  The old fee-for-service model, which often awarded providers based on volume, is being replaced with a model that incentivizes providers to provide quality care at reduced costs.

In order to position themselves for value-based reimbursement, many providers have banded together to form clinically integrated networks (CINs) to coordinate and standardize patient care across various service lines.

Read full article