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
The CARES Act adopts several measures to help stabilize the healthcare system, address health care issues directly and indirectly related to the current pandemic and ensure future preparedness. It also allocates $100 billion...more
Healthcare providers struggle to know if and when they may disclose a patient's COVID-19 status to an employer. The analysis differs somewhat depending on whether the healthcare provider is acting solely in its capacity as a...more
4/7/2020
/ Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Financial Stimulus ,
Lenders ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
SBA ,
SBA Lending Programs ,
Tax Relief ,
Unemployment Insurance
The CARES Act adopts several measures to help stabilize the healthcare system, address health care issues directly and indirectly related to the current pandemic and ensure future preparedness. It also allocates $100 billion...more
On March 30, 2020, CMS opened the way for hospitals to provide additional compensation and/or support to referring physicians during the COVID-19 pandemic by waiving the enforcement penalties under the federal Ethics in...more
On March 30, 2020, CMS issued numerous additional blanket waivers to give providers greater flexibility in responding to COVID-19. (See https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf)....more
4/1/2020
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Centers for Medicare & Medicaid Services (CMS) ,
Children's Health Insurance Program (CHIP) ,
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Determination of Need (DoN) ,
EMTALA ,
Fee-for-Service ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Nurses ,
Nursing Homes ,
Pharmacies ,
Prior Authorization ,
Relief Measures ,
Skilled Nursing Facility ,
State and Local Government ,
Waivers
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
In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more
2/20/2020
/ Business Associates ,
Business Associates Agreement (BAA) ,
Consent ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Privacy ,
Data Sellers ,
Data Use Policies ,
De-Identified Protected Health Information ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Information Sharing ,
Medical Records ,
Notice Requirements ,
OCR ,
PHI ,
Privacy Policy
Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more
2/10/2020
/ Business Associates ,
Covered Entities ,
Data Protection ,
Data Transfers ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Omnibus Rule ,
HITECH Act ,
Medical Records ,
OCR ,
Patient Privacy Rights ,
PHI ,
Records Request ,
Right of Access
The HIPAA privacy rules give special protection to “psychotherapy notes,” but providers often misunderstand what are and are not covered and how they differ from other mental health records.
I. “Psychotherapy Notes”...more
1/29/2020
/ Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
HIPAA Privacy Rule ,
Medical Records ,
Mental Health ,
NPRM ,
OCR ,
Professional Disciplinary Actions
This week, the Office for Civil Rights (“OCR”) announced a $3,000,000 HIPAA settlement arising from a medical center’s loss of an unencrypted laptop and flash drive. This is simply the latest of many HIPAA settlements based...more
11/8/2019
/ Business Associates ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Encryption ,
Enforcement Actions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
HIPAA Security Rule ,
HITECH Act ,
Laptop Computers ,
Mobile Devices ,
OCR ,
Penalties ,
Settlement
Healthcare providers sometimes mistakenly assume that they cannot contact a patient’s spouse, parents, or other third parties to obtain payment without the patient’s consent. However, HIPAA generally allows healthcare...more
Hospitals—especially rural hospitals—may want to divert inbound ambulances to other facilities, especially when the patient requires services that the hospital may be unable to provide. However, improper diversions may...more
Business associates may want to use a covered entity’s protected health information (“PHI”) for the business associates’ own purposes, e.g., for their own product development, data aggregation, marketing, etc. However, with...more
9/6/2019
/ Business Associates ,
Covered Entities ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
OCR ,
PHI
Question: May I share records with another healthcare provider without the patient’s authorization?
Answer: It depends on the purpose. If the disclosure is for purposes of the patient’s treatment, including continuation of...more
The Idaho Department of Health and Welfare has implemented new patient rights rules for hospitals effective July 1, 2019. (See IDAPA 16.03.14.220 to .350). The rules were advanced by patient advocacy groups and, to a large...more
7/16/2019
/ Advance Directives ,
Audio Recording ,
Grievance Process ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Hospitals ,
Informed Consent ,
Medicare ,
New Rules ,
Patient Privacy Rights ,
Patient Rights ,
Policies and Procedures ,
Video Recordings
In Idaho, a competent patient generally has the right to consent to or refuse their own healthcare. By statute,
Any person who comprehends the need for, the nature of and the significant risks ordinarily inherent in any...more
Physicians, dentists, and other healthcare providers who run into problems with their state medical board or other licensing agency are often offered a stipulated resolution to avoid formal proceedings, additional costs, and...more
The HITECH Act extended certain HIPAA obligations to business associates, including those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of covered entities. Business...more
HIPAA penalties vary depending on the type of conduct involved. (45 CFR § 160.404). Under HHS’s prior interpretation, the types of violations were all subject to an annual maximum penalty of $1,500,000 for identical types of...more
A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes. Here is a brief summary of some terms or issues that you should consider in your...more
Unless structured properly, a hospital’s financial relationship with referring physicians or other providers may violate the federal Ethics in Patient Referrals Act (“Stark”) and Anti-Kickback Statute (“AKS”), resulting in...more