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SAMHSA Final Rule on Confidentiality of Substance Use Disorder Patient Records

By: Stephanie T. Eckerle on February 15, 2017

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a Final Rule that updates the confidentiality requirements and provisions to improve the exchange of information of patients seeking treatment for a substance abuse disorder of 42 C.F.R. Part 2…

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Preparing Your Facility for the MOON

By: Thomas N. Hutchinson on February 15, 2017

On January 27, 2017, CMS issued final guidance regarding implementation of its Medicare Outpatient Observation Notice (MOON) program. The MOON informs all Medicare beneficiaries (both traditional fee-for-service and Medicare Advantage) when they are an outpatient receiving observation services, and…

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CMS "Mid-Build" Exception Deadline and Provider-Based Growth Strategies

By: Thomas N. Hutchinson on February 6, 2017

The Bipartisan Budget Act of 2015 (“Section 603”) made waste of many hospitals’ plans for off-campus provider-based practice locations. Notwithstanding, a final reprieve for certain provider-based facilities is the 21st Century Cures Act’s “mid-build” exception, which creates an exception to…

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CoreMMIS Implementation Date

February 6, 2017

On January 30, 2017, Indiana’s Family and Social Services Administration (“FSSA”) published Bulletin BT201710 announcing that the Indiana Health Coverage Programs (“IHCP”) have set Monday, February 13, 2017, as the new implementation date for replacing the current information system, IndianaAIM,…

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New OCR and ONC Fact Sheet Discusses When PHI May be Disclosed for Health Oversight Activities

By: Stephanie T. Eckerle on January 30, 2017

The U.S. Department of Health and Human Services Office of Civil Rights and The Office of the National Coordinator for Health Information Technology recently published a new fact sheet entitled “Permitted Uses and Disclosures: Exchange for Health Oversight Activities.”  This fact sheet provides…

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Implantable Cardiac Devices Raise Cyber-Security Concerns

By: Stephanie T. Eckerle and Stacy Walton Long on January 30, 2017

The FDA continues to monitor and assess potential cybersecurity vulnerabilities associated with radio frequency (“RF”) enabled implantable devices.  The FDA recently reviewed St. Jude Medical’s Merlin@home Transmitter and software patch – an implantable cardiac device – to determine any…

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Indiana Department of Insurance Issues Bulletin on the Interest Rate for Failure to Pay Clean Claims

January 23, 2017

On January 3, 2017, the Indiana Department of Insurance (“Department”) issued Bulletin 235, titled “Interest Rate for Failure to Pay a Clean Claim,” clarifying the interest rate calculated on clean claims pursuant to Indiana Code Sections 27-8-5.7 and 27-13-36.2 (“Clean Claims Laws”). Under the…

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The OIG Issues Report on NorthShore University HealthSystem's Medicare Compliance

January 23, 2017

On January 9, 2017, the Office of Inspector General for the Department of Health and Human Services (the “OIG”) released a thirty-two page report detailing its review of NorthShore University HealthSystem’s (“NorthShore”) Medicare compliance during 2013 and 2014, as part of a series of hospital…

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Long Overdue Federal Rules for Home Health Agencies Published

By: Meghan M. Linvill McNab on January 23, 2017

On January 13, 2017 CMS published a comprehensive final rule revising the conditions of participation (“COPs”) that home health agencies (“HHAs”) must abide by in order to participate in Medicare and Medicaid programs.   Through the changes to these rules, CMS seeks to achieve broad-based, measurable…

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HHS Issues First Enforcement Action for Failure to Timely Notify Individuals of Breach of PHI

By: Stephanie T. Eckerle on January 9, 2017

On January 9, 2017, the United Stated Department of Health and Human Services, Office of Civil Rights (HHS) announced that it has issued its first enforcement action with a healthcare entity due to the entity’s alleged failure to notify affected individuals, HHS and media outlets of a breach of…

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Federal judge temporarily enjoins rule prohibiting discrimination on the basis of gender identity

By: Brandon W. Shirley on January 9, 2017

On December 31, 2016, a Federal District Court judge in Texas issued an order (the “Order”) temporarily preventing the Health and Human Services Office of Civil Rights  from enforcing certain sections of the new anti-discrimination regulations issued on May 18,  2016. Several states, including…

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Settlement agreement with UConn and the United States Government reveals how it may interpret a covered entity's obligations under non-discrimination laws and regulations

By: Brandon W. Shirley on January 9, 2017

On January 5, 2017, the U.S. Attorney’s Office for the District of Connecticut and the Office of Civil Rights (“OCR”) announced that they had entered into an agreement with John Dempsey Hospital, a subsidiary of University of Connecticut Health Center (“UConn”), to resolve an accusation of its…

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