As anticipated, a Texas federal district court has vacated the HIPAA Reproductive Health Rule (the “Rule”) nationwide. (Memorandum Opinion and Order, Purl v. HHS, 2:24-CV-228-Z (N. Dist. Tex (Jun. 18, 2025), available here)....more
Healthcare providers must comply with the new HIPAA Reproductive Health Rule (the “Rule”) by December 23, 2024. Here is what you need to know and do before then.
Overview. In the wake of Dobbs v. Jackson Women’s Health...more
On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more
The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more
5/30/2024
/ Affirmative Defenses ,
Breach Notification Rule ,
Cause of Action Accrual ,
Civil Monetary Penalty ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Employee Training ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
OCR ,
Penalties ,
PHI ,
Popular
On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act. The revised rules apply to all...more
5/22/2024
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Compliance ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Non-Discrimination Rules ,
Notice Requirements ,
OCR ,
Policies and Procedures ,
Popular ,
Telehealth ,
Title VI
As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more
4/30/2024
/ Consent ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Medical Records ,
Minor Children ,
Parental Rights ,
PHI ,
Preemption
After three years, the federal public health emergency (PHE) will expire May 11, 2023. Most of the relaxed regulatory and payor standards will end on or within a few months after the deadline, including many relating to: ...more
3/21/2023
/ Anti-Kickback Statute ,
Civil Monetary Penalty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
EMTALA ,
Expiration Date ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicines and Healthcare Products Regulatory Agency (MHRA) ,
Public Health Emergency ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Ryan Haight Act ,
Stark Law ,
Telehealth ,
Virus Testing
On January 5, 2023, the Idaho Supreme Court upheld Idaho's near-total abortion ban (I.C. § 18-622), Idaho's fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. §...more
The HIPAA privacy rules allow healthcare providers to disclose protected health information to the extent another state or federal law or regulation requires it:
A covered entity may use or disclose protected health...more
As discussed in our November 28 client alert, the No Surprise Billing Rules (NSBR) require that convening providers contact co-providers and include co-provider fees in the convening provider’s good faith estimate to...more
For nearly three years, federal and state agencies have waived or relaxed regulatory requirements and expanded reimbursement for services due to the COVID-19 public health emergency (PHE), but the signs indicate that the...more
11/29/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
FQHC ,
Medicare ,
Public Health Emergency ,
Regulatory Requirements ,
Reimbursements ,
Telehealth
Idaho’s total abortion ban took effect August 25, 2022. Under the statute, abortion of a clinically diagnoseable pregnancy is illegal unless necessary to save the life of the mother or in the case of rape or incest. (Idaho...more
The turmoil over Idaho abortion laws continues. On August 12, 2022, the Idaho Supreme Court ruled that Idaho’s total abortion ban will take effect August 25, 2022. It also lifted the stay on Idaho’s Texas-style statute that...more
The No Surprise Billing Rules took effect January 1, 2022, but many questions remain, including if and to what extent the new rules for good faith estimates apply to items or services that are provided to self-pay patients on...more
Many providers make the No Surprise Billing Rules more complicated and expansive than they are. This short guide is intended to help providers understand, implement, and monitor compliance with the new rules.
UNDERSTANDING...more
The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR...more
The OCR has announced a surprising number of HIPAA settlements in the past few months with penalties ranging from $10,000 to $6.5 million. Here are some of the key takeaways for healthcare providers:
1. Protect against...more
10/27/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Cyber Attacks ,
Data Breach ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Personal Information ,
Phishing Scams ,
Settlement
Healthcare providers focusing on COVID-19 may have missed the final Interoperability and Information Blocking Rule that was published May 1, 2020 and takes effect November 3, 2020. (45 C.F.R. Part 171). The Rule implements...more
8/27/2020
/ 21st Century Cures Act ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
HIPAA Violations ,
Information Blocking Rules ,
OIG
Healthcare providers who received or receive payments from the CARES Act Provider Relief Fund (“PRF”) may only use the payment for permissible purposes, must document and report the proper use, and return any excess funds to...more
This week, rural providers began receiving the next round of Provider Relief Funds as authorized by the CARES Act. Recipients include rural acute care general hospitals, critical access hospitals (“CAHs”), rural health...more
5/7/2020
/ CAH ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Medicaid ,
Medicare ,
Medicare Advantage ,
Medicare Part D ,
Operating Costs ,
Provider Relief Fund ,
Virus Testing
HHS has updated the Terms and Conditions and websites for two key portions of its Provider Relief Fund programs.
1. Provider Relief Funds. Over the weekend, HHS updated the Terms and Conditions and posted FAQs concerning...more
On April 22, 2020, HHS announced specifics concerning the next round of the $100 billion Provider Relief Fund payments, some of which should reach provider bank accounts today....more
Beginning April 10, 2020, HHS began issuing payments to providers eligible to receive a portion of the $30 billion reserved for the Provider Relief Fund. There have been two important developments this week...more
Federal Action. To promote the use of telehealth in response to Coronavirus, the federal government took several significant steps this week:
- Medicare dramatically expanded the telehealth services for which it will pay.
...more
Although often well-intentioned, offering free or discounted items or services to patients (e.g., gifts, rewards, writing off copays, free screening exams, free supplies, etc.) may violate federal and state laws governing...more