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.
The Bulletin and Notification should provide more flexibility to covered entities and business associates to use and disclose PHI in responding to the COVID-19 pandemic.
On April 7, 2020, CMS issued new recommendations for non-emergent elective medical services in response to the ongoing surge of acute care COVID-19 patients.
The expanded use of telehealth services allows the vulnerable Medicare population to maintain access to care without exposure to other patients and providers.
Citing particular provisions of the HIPAA regulations that permit disclosures without HIPAA authorization, the guidance provides a number of scenarios that may be relevant to the current pandemic.
TJC created a resource page on its website which brings together all of its internal guidance as well as links to government and other materials.
The HHS Secretary issued temporary but broad blanket waivers of certain requirements of the Stark Law in order to allow health care providers additional regulatory flexibility to address the COVID-19 crisis.
This CMS response only covers Section 1135 waivers. Waiver or modification requests requiring approval authority under any section other than 1135 will be addressed separately by CMS.
Among other things, the CARES Act provides emergency appropriations and other relief provisions to the health care industry in responding to the COVID-19 crisis.
CMS has expanded its Accelerated and Advance Payment Program to a broader group of Medicare Part A providers and Part B suppliers during the COVID-19 public health emergency.
With the onset of the COVID-19 pandemic, , what are health care providers to do in terms of meeting their valued-based contracting obligations?
This piece of legislation will extend additional assistance and protections to individuals and businesses affected by the COVID-19 crisis.
Prior to the issuance of this Bulletin, only Medicaid-enrolled psychiatrists and licensed psychologists in the Behavioral Health HealthChoices Program were covered to use telehealth technology to provide behavioral health services.
Enhanced enforcement is the agency’s next step in the previously announced five-part initiative to improve nursing home quality and safety standards.
There are various, often incompatible, models from which to choose, and competing incentives that pull you, as the decision-maker, in different directions.
HIPAA covered entities and business associates that fulfill release of information requests on behalf of covered entities should review their current policies and procedures.
There actually is a Stark exception for ownership arrangements that may be applicable in certain locations around the country.
Once finalized, after the thirty (30) day comment period, the Vertical Merger Guidelines will provide greater clarity and transparency on how the DOJ and FTC analyze vertical merger transactions.
The rule revises its previous test for determining when more than one employer bears joint blame for pay and other legal violations.
While the Delanoy opinion provides some guidance to employers it leaves other questions unanswered.
The legislation would incentivize private individuals with knowledge of Medical Assistance fraud, waste, and abuse to come forward as whistleblowers and bring lawsuits on the Commonwealth’s behalf.