Health Law Observer

Timely insights and legal commentary on various health care issues and developments surrounding regulations, employment, transactions and a range of key industry matters. This blog is maintained by the Health Care Department of Stevens & Lee.

doctor pointing at icons

HHS/OCR Issues Guidance on Disclosures of Protected Health Information for Public Health Purposes Under HIPAA

OCR Director Roger Severino said that the Guidance “highlight how HIPAA supports the use of health information exchanges in sharing health data to improve the public’s health” during the COVID-19 public health emergency.
Contract on table

Practice Pointers for Payor Contracting

Identifying appropriate payors and negotiating and operationalizing successful payor contracts requires careful and comprehensive planning.

FAQs on the 3-Day Payment Window to Avoid Billing Errors

CMS re-issued certain FAQs to assist providers in avoiding incorrect billing for outpatient services provided within 3 days before, on the date of, or during the admission.
Books, Gavel, healthcare law

Highlights from Stark Law and Anti-Kickback Statute Final Rules

HHS, via CMS and the OIG, formally published long-awaited final regulations aimed largely at modernizing and clarifying various aspects of the Stark Law, Anti-Kickback Statute and Civil Monetary Penalty Law.
Doctor standing at podium

OIG Issues Special Fraud Alert on Remuneration Paid by Pharmaceutical and Medical Device Companies to Health Care Professional Speakers

The OIG listed in the Special Fraud Alert the following characteristics of a company-sponsored event that when “taken separately or together, potentially indicate a speaker program arrangement that could violate the anti-kickback statute.”
lock opening

CMS Relaxes Managed Care Requirements

Key changes under the Medicaid and Children’s Health Insurance Plan Managed Care Final Rule are set to take effect December 14, 2020.

The Affordable Care Act Will Go Before the United States Supreme Court for the Seventh Time

Tomorrow, the United States Supreme Court will hear oral arguments for their seventh review of the legality of the Affordable Care Act.
Health care law

HHS Proposes Setting Expiration Dates on Regulations Not Periodically Reviewed

The proposed rule has been referred to by HHS Chief of Staff, Brian Harrison, as “the boldest and most significant regulatory reform effort ever undertaken by HHS.”
Implications of Federal Court’s Ruling

HHS ONC Extends 21st Century Cures Act Final Rule Compliance Dates

The new timeline is in recognition of ongoing efforts to address the effects of the COVID-19 pandemic.
Folder with tab that says confidential

The Broad Application of 4 Pa. Code 255.5 Regarding Confidentiality of Substance Use Disorder Records

When reviewing any issue in PA involving the disclosure of SUD information, it’s important to remember the broad application (through reference) of Section 255.5.
man talking to doctor on phone video chat

DOJ Charges Emphasize Importance of Telemedicine Provider Compliance

The enormous surge in the use of telemedicine as a result of the COVID-19 pandemic has also resulted in increased attention by federal regulators to potential fraud and abuse schemes by telemedicine providers.
doctor in goggles and mask

Some Tax-Free Ways to Provide Pandemic Relief to Employees

Given the very trying times due to the COVID-19 pandemic, many employers are looking for ways to provide financial relief to their employees in a tax-advantaged manner.
dollar bill with hole in the middle that says medicare

Stopgap Funding Provides Welcome Relief on Medicare Loans

Health care providers who obtained Medicare Accelerated and Advance Payment Program (“MAAPP”) loans received welcome relief from the Continuing Appropriations Act, 2021 and Other Extensions Act.
photo of microphones in a room

Delaware Department of Health and Social Services 2020 Strategic Plan

On July 16, 2020, the Delaware Department of Health and Social Services issued its Strategic Plan, which focuses on efficiency and accountability reflecting the priorities of Governor John Carney’s Government Efficiency and Accountability Review Board.
A puzzle with the word policies update in the middle

HIPAA Enforcement Updates

Health care providers should take heed of the message and the guidance HHS/OCR and the ONC have made available to ensure that the necessary HIPAA Privacy and Security Rule measures are in place.
non compete agreement with blank signature line

Pennsylvania Bill Prohibiting Enforcement of Health Care Non-Competes Referred to House Health Committee

If history repeats itself, this bill won’t likely get much traction, but on September 15, 2020, the Pennsylvania House of Representatives, Committee on Professional Licensure, recommended that House Bill 2636 be referred to the House Health Committee.
doctor office waiting room

Before You Sell Your Medical Practice …

There are myriad questions that arise when a physician considers selling out. And there are lots of reasons to sell. But, before moving forward, physicians should consider the following.
doctor holding swab and testing tube

CMS Issues Interim Final Rule with Comment Period for COVID-19 Reporting, Testing and Enforcement  

On September 2, 2020, CMS issued an interim final rule with comment period enacting regulations related to, among other things, COVID-19 reporting and testing by Medicare and Medicaid health care providers and related enforcement of those requirements.
Doctor holding an hourglass

Deadline Approaching for 21st Century Cures Act Interoperability and Information Blocking Regulatory Compliance by Health Care Providers

November 2, 2020 is the deadline by when certain provisions of the 21st Century Cures Act implementing regulations come into effect.
Judge's gavel with clock and calendar on table

Stark Law Overhaul Delayed

On August 27, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it was extending the timeline for finalizing its proposed changes to the Stark Law until August 31, 2021.
photo of walkway and a wheelchair

CMS Maintains Focus on Nursing Home Infection Control Practices with Bulletin Encouraging Use of Flexibility to Increase Medicaid Reimbursement Rates

The CIB is the latest in CMS’s continued focus on safeguarding nursing home residents from the ongoing COVID-19 public health emergency.
gavel and stethoscope

Don’t Forget About the Stark Law Fair Market Value Exception

Essentially, the FMV Exception requirements are the basic Stark Law elements without any “extras” added.
covid-19 families first coronavirus response act

Federal District Court Vacates DOL’s Overly Broad Definition of Health Care Provider in FFCRA Regulations

On August 3, 2020, a Federal District Court in New York struck down certain aspects of the regulations issued by the U.S. Department of Labor implementing the Families First Coronavirus Response Act.
Practical Guidance for Health Care

PA State Senate Considers Liability Protection Bill for Health Care Providers, PPE Manufacturers and Certain Employers

On July 27, 2020, Pennsylvania State Senator Lisa Baker (R, Dist. 20) introduced Senate Bill 1239, which the Pennsylvania State Senate referred to its Senate Judiciary Committee.
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