Tag Archives: health law

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.

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Home Is Where The Patient Is – The New Washington State Telemedicine Bill

It is official. The Washington State Legislature appears to have bought into the promise of telemedicine. For the second year in a row, the Legislature has passed a bill (Senate Bill 6519) that helps reduce the barriers to patient access to remote healthcare. Senate Bill 6519 builds on the 2015 telemedicine bill in the following […]

The post Home Is Where The Patient Is – The New Washington State Telemedicine Bill appeared first on OMW Health Law.

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Stolen Laptop Costs Research Institute Millions

The Feinstein Institute for Medical Research (Feinstein) recently agreed to pay, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), $3.9 million to settle allegations that Feinstein violated the HIPAA Privacy and Security Rules. This settlement confirms the OCR’s position that nonprofit research institutes are held to the same standards as […]

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Steep Price Tag for Not Entering a Business Associate Agreement

North Memorial Health Care of Minnesota (“North Memorial”) recently agreed to settle charges that it violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules by essentially failing to enter into a Business Associate Agreement. Pursuant to the settlement, North Memorial agreed to pay $1,550,000. This settlement is a reminder […]

The post Steep Price Tag for Not Entering a Business Associate Agreement appeared first on OMW Health Law.

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HIPAA $239K Fine – Don’t Leave PHI with Husband

An Administrative Law Judge for the U.S. Department of Health and Human Services, recently ruled that Lincare violated the HIPAA Privacy Rule, by failing to implement policies and procedures to safeguard protected health information (PHI) and failing to protect PHI from disclosure to unauthorized persons. For such violations, the Judge imposed $239,800 in civil monetary […]

The post HIPAA $239K Fine – Don’t Leave PHI with Husband appeared first on OMW Health Law. 

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Overpayment Rule Sets 6 Year Lookback

Nearly 6 years after the passage of the Affordable Care Act, CMS published the final 60 day rule for Medicare Parts A and B overpayments. The rule requires a person who has received an overpayment to report and return the overpayment to HHS, the State, an intermediary, a carrier or a contractor within 60 days […]

The post Overpayment Rule Sets 6 Year Lookback appeared first on OMW Health Law.

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EEOC Announces New Employer Pay Data Reporting Requirements

On Friday, January 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the agency’s intent to require a new obligation for employers with at least 100 employees to submit data on wages earned and hours worked to the agency in annual reports[1]. The intent of the new requirement is to make it easier for the […]

The post EEOC Announces New Employer Pay Data Reporting Requirements appeared first on OMW Health Law.

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Healthcare and Data Privacy and Cybersecurity Alert: OCR strikes again with 3 recent HIPAA settlements

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) is showing signs of becoming increasingly aggressive in enforcing the Health Insurance Portability and Accountability Act (“HIPAA”), with the recent announcement of three settlements in a 20-day span. Each covered entity was investigated for noncompliance after breach reports were filed with OCR, emphasizing the need for compliance among all covered entities and business associates subject to the HIPAA Privacy and Security Rules.

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CMS Issues Stark Law Changes

CMS issued last week its final rule modifying the Physician Self-Referral Law aka the Stark Law putting into place most of what it proposed to modify this summer. The majority of the new modifications become effective on January 1, 2016, though CMS indicates that many of the changes are just clarifications of existing application of the Stark Law.

Highlights of Some Proposed Revisions

The below list is not an all-inclusive list of the revisions to the Stark Law, but highlights some of the more substantial changes. 

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Updated Meaningful Use Rules Released

After months of waiting, CMS and ONC finally issued final rules (with comment) pertaining to Stage 3 Meaningful Use, 2015-2018 EHR Incentive Program and 2015 edition of CEHRT certification.  CMS announced that the rules, numbering 750+ pages, are designed to “simplify requirements and add new flexibilities for providers to make electronic health information available when […] 

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