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Interoperability and Information ‎Blocking:‎ Impact on Providers and Health Information ‎Networks

Information blocking is an emerging area of law that has important implications for health care providers and health information networks. The law of information blocking originated with the 21st Century Cures Act (the “Act”)...more

Amendments to HIPAA Privacy Rule to Support Reproductive Health Care Privacy

On April 22, 2024, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued a Final Rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to...more

HHS Strengthens Privacy Protections for Substance Use Disorder Treatments in Amendments to ‎Part 2 Regulations

The U.S. Department of Health and Human Services (“HHS”) in coordination with the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule on February 16, 2024 (effective April 16, 2024) to...more

Centers for Medicare and Medicaid ‎Innovation Announce New ‎‎“ACO REACH” Model to ‎Replace ‎Medicare Direct

On February 24, 2022, the Centers for Medicare & Medicaid Services (CMS) announced that it had redesigned the Global and Professional Direct Contracting Model for 2023. The Center for Medicare and Medicaid Innovation...more

Federal Court of Appeals Strikes Down OCR HIPAA Penalty:‎ Have the Rules of Engagement Changed?‎

On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated a penalty imposed by the U.S. Office of Civil Rights (“OCR”) on the University of Texas M.D. Anderson Cancer Center (“MD Anderson”). The Court’s...more

OIG Proposed Rule on Civil Money Penalties Summary

The 21st Century Cures Act (the “Cures Act”) amended the Civil Monetary Penalty Law (“CMPL”) to expand the authority of the U.S. Department of Health and Human Services Office of Inspector General (“OIG”). On April 14, 2020,...more

CARES Act Surprise: Substance Use Treatment Confidentiality Law Revised

The CARES Act made significant changes to the law governing the confidentiality of substance use treatment records. When the President signed the CARES Act on March 27, 2020, most of the focus was on the appropriations of...more

CARES Act Provider Relief Fund Releases $30 Billion in Payments: What’s the Catch?

On April 9, 2020, the Centers for Medicare and Medicaid Services (CMS) began the distribution of $30 billion appropriated by the bipartisan CARES Act to Medicare and Medicaid providers and suppliers – with most payments...more

CMS Creates Greater Flexibility for Arrangements Through Stark Law Waivers

Pursuant to CMS’s authority during this National Emergency arising from the COVID-19 outbreak, on March 30, 2020, the Centers for Medicaid and Medicare Services issued Blanket Waivers of Section 1877(g) of the Social Security...more

New CMS Waivers Intended To Help U.S. Healthcare System Address COVID-19 Pandemic

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) announced the enactment of numerous temporary regulatory waivers and new rules intended to enable health care providers to better respond to the COVID-19...more

Medicare Providers And Suppliers To Receive Emergency Funding Through Expanded CMS Accelerated And Advance Payment Program

On Saturday, March 28th, the Centers for Medicare & Medicaid Services (“CMS”) announced an expansion of its accelerated and advance payment program for Medicare participating health care providers and suppliers to help...more

Proposed Changes to Regulations Governing the Confidentiality of Substance Abuse Disorder Treatment Records Reflects Concerns...

The U.S. Department of Health and Human Services has released proposed amendments to the regulations governing the Confidentiality of Substance Abuse Disorder Treatment Records. The amendments are intended to improve...more

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