The Agency for Health Care Administration (AHCA) has updated Florida Administrative Rule 59A-35.090 for background screening. This update is to align with 2024 legislation, which added additional disqualifying offenses to the...more
Florida does not generally prohibit the corporate practice of medicine. However, Florida Statutes Chapter 400 Part X requires that any health care entity which meets the definition of a “Clinic” under the Statute must obtain...more
Florida has adopted new requirements for hospital emergency departments (EDs) as part of the broader ‘Live Healthy’ legislative package. Effective July 1, 2025, all hospitals with an ED must submit a “nonemergent care access...more
As we approach the Holiday Season, we all know that this is the time of year when gifts are exchanged. However, for health care providers, it can be a season of risk. Gifts to referral sources can cause unintended regulatory...more
Under its exclusion authority, the Department of Health and Human Services Office of Inspector General (OIG) has the power to exclude certain individuals and entities from receiving compensation from federally funded health...more
Florida has a new law as of July 1, 2023 relating to the storage of certain health records. The newly enacted Florida Statutes section 408.051 creates the “Florida Electronic Health Records Exchange Act.” The Act states in...more
The Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) has published a Final Rule regarding the former COVID-19 vaccine requirements. The Final Rule withdraws the COVID-19 health care staff...more
Health and Human Services (HHS) has released a report that details findings about the state of hospital cyber systems across the United States. In connection with a recent Ponemon Institute report on the cost and impact on...more
What does this mean for you? Should you stop providing goods and services? Should you call and ask for the money?
If the customer owes you a substantial amount for your services and has told you that they have no assets,...more
Hospital systems and other health care providers often desire to assist their patients who are burdened with bills that the patients cannot pay or to alleviate other access challenges. In the past few months, the Department...more
The Office of Civil Rights (OCR) has released information on its latest Health Insurance Portability and Accountability Act (HIPAA) enforcement actions. The government continues to pursue investigations and administrative...more
On February 28, President Biden announced that the Department of Health and Human Services (HHS) will be issuing new regulations for nursing homes. HHS will be issuing regulations through the Centers for Medicare & Medicaid...more
3/4/2022
/ Binding Arbitration ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Long-Term Care ,
Medicaid ,
Medicare ,
Nursing Homes ,
Skilled Nursing Facility
As we approach the Holiday Season, we all know that this is the time when gifts are exchanged. For health care providers, it can be a season of risk. Gifts to referral sources can be a problem, and leaders and compliance...more
Last week, the Centers for Medicare and Medicaid Services (CMS) issued an emergency regulation regarding mandatory vaccination for staff at certain health care providers. The regulation covers 21 types of providers including,...more
11/11/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Human Resources Professionals ,
Vaccinations
On December 2, 2020, the Center for Medicare and Medicaid Services (CMS) issued final regulations revising and clarifying regulations, which govern physician referrals for designated health services, commonly known as the...more
On May 3, 2021, Florida Governor Ron DeSantis signed into law Senate Bill 2006, which goes into effect July 1, 2021. Senate Bill 2006 includes new Florida Statute (Fla. Stat.) § 381.00316, entitled “COVID-19 vaccine...more
As of January 1, 2021, almost all hospitals in the United States will have to comply with the Centers for Medicare and Medicaid Services (CMS) Hospital Price Transparency Rule. Additionally, the government has been open about...more
The Affordable Care Act of 2010 required that hospitals annually establish and make public a list of its “standard charges.” Health and Human Services (HHS) historically allowed hospitals to comply by posting their charge...more
Many of us are thrilled to celebrate the holidays and to share with others our excitement that the crazy year of 2020 is almost complete!
However, there are risks for health care providers giving gifts to patients,...more
As more people go online to research products and services, online reputation management has become increasingly relevant for physicians and clinicians. Online reputation management often involves addressing reviews on sites...more
The Office for Civil Rights ("OCR") has turned its focus on individuals' right to timely access to their health records at a reasonable cost under the HIPAA Privacy Rule. Settling eight enforcement actions this year, the OCR...more
Today the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Resources announced that a Georgia orthopedic clinic agreed to pay $1.5 million and adopt a two-year corrective action plan to settle potential...more
9/22/2020
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information
As we previously reported, on August 7, 2020, the Florida Board of Medicine (the “Board”) considered a petition for declaratory statement filed in response to Florida’s new pelvic exam laws. The petition sought clarification...more
An experienced Chief Information Security Officer (CISO) that I know, used to ask this question to new employees. He would generally receive answers that would suggest that you could possibly get $100 at a pawn shop....more
As of July 1, 2020, a new law, section 456.51, Florida Statutes, which imposes additional consent requirements on health care providers performing pelvic examinations, goes into effect. Under the plain language of the new...more