On the surface, it seems like an obvious choice – follow the law and avoid the risk of a hefty fine – but health care providers may learn the hard way that implementing HIPAA Security Rule requirements is, in fact, more complicated than it might first seem. According to a recent U.S. Department of Health …
CORONAVIRUS (COVID-19) PRECAUTIONS FOR EMPLOYERS
It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention (“CDC”).[i] As of publication, the coronavirus is not spreading in the community in the United States.[ii] The CDC reports that the immediate …
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Pumping the Brakes: Amendments to Michigan’s No-Fault Act and the Effect on Health Care Providers
This article was originally published on February 6, 2020. It has been revised to include additional guidance provided by the Michigan Department of Insurance and Financial Services (“DIFS”). In 2019, Michigan enacted amendments to the No-Fault Act (the “Act”), MCL 500.3101 et seq., that will affect the way health care practitioners provide services and are …
Kicking Off 2020 with Anti-Kickback Statute and Stark Law Reforms: What You Need to Know
You’ve probably heard that every provider’s favorite laws, the Anti-Kickback Statute and its related, strict liability counterpart, the Stark Law (formally known as the Physician Self-Referral Law), are getting a makeover from the Department of Health and Human Services (HHS). Here’s what you need to know. Quick Legal Refresher: (A) What is the Anti-Kickback Statute? …
Between Absolute and Amorphous: The Draft Guidelines on Vertical Mergers: Commentary on the Draft 2020 Guidelines
Businesses at different levels in the supply chain of a product choose to merge (“vertical mergers,” compared with “horizontal mergers” where business at the same level in the supply chain merge) for a variety of reasons, many of which can be beneficial to competition and/or consumers. Vertical mergers can lead to efficiencies in supply chains, …
HHS’s Proposed Modification to the Personal Services Safe Harbor Under the Anti-Kickback Statute
On October 9, 2019, the U.S. Department of Health and Human Services (“HHS”) released newly proposed modifications to the safe harbor provisions for the Federal Anti-Kickback Statute. Among other proposals, HHS is proposing three substantive changes to the personal services safe harbor. Section 1128B(b) of the Social Security Act (commonly referred to as the “Anti-Kickback …
Healthcare Provider Fined for Disclosing PHI in Response to a Yelp! Review
When healthcare providers are subject to a bad review on Yelp! or similar customer-review websites and apps, it can be difficult to hold back and not provide a response or at least attempt to clarify the situation. However, healthcare providers, including dental providers, must ensure that employees who handle their social media, including customer-review websites …
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High Deductible Health Plans Allowed to Provide Additional Preventive Care Benefits for Individuals with Chronic Conditions
A high deductible health plan (“HDHP”) is not permitted to pay for medical expenses until the plan’s deductible has been satisfied, with the exception of medical expenses incurred for preventive care. Preventive care did not generally include expenses for any service or benefit intended to treat an existing illness, injury or condition. In a welcome …
The Importance of Putting Patient Care Above Profits
Erica A. Erman recently authored the article, “The importance of putting patient care above profits,” for Physicians Practice. The article discusses the case Wit v. United Behavioral Health and highlights eight principles that the court found to be generally accepted standards of care among behavioral professionals. “The importance of accessible quality behavioral health services is …
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Are Medical Marijuana Businesses Subject to HIPAA?
With medical marijuana legal in an ever-growing number of states, many businesses in the cannabis industry, particularly dispensaries, continue to wrestle with the question of whether they are subject to the Health Insurance and Portability and Accountability Act’s (HIPAA) Privacy and Security Rule requirements. The bad news is that the answer is, it depends. The …
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