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Health Care

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HHS OIG Adds New Authorities to the Anti-Kickback Statute and Civil Monetary Penalties Law

Posted by: Brandon W. Shirley on February 24, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Health and Human Services Office of Inspector General (“OIG”) recently finalized new regulations (“Regulations”) impacting the anti-kickback statute (“AKS”) safe harbors and civil monetary penalties law (“CMPL”).  Specifically, the Regulations expanded the exceptions and safe harbors under...


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HIPAA Business Associates ... How Do I Know Thee?

Posted by: Susan E. Ziel and Stephanie T. Eckerle on February 24, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

HIPAA, as amended by HITECH, imposes significant requirements on those persons or entities who qualify as a business associate (BA) as a result of their access to protected health information (PHI) in the performance of services on behalf of a covered entity (CE). 

For example, a BA could be...


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Be Prepared: Submission of Breach Notifications Due to HHS by March 1, 2017

Posted by: Stephanie T. Eckerle and Stacy Walton Long on February 24, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Did your company have a HIPAA breach affecting less than 500 individuals in calendar year 2016 that has not yet been reported to HHS?  If so, the deadline for submission of any breach notifications to HHS is March 1, 2017.  

HIPAA requires that covered entities maintain a log or other...


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HHS OIG Publishes New Regulations that Expand its Authority to Exclude Health Care Providers from Participation in the Program

Posted by: Brandon W. Shirley on February 24, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Health and Human Services Office of Inspector General (“OIG”) finalized Regulations on January 12, 2017, that revise and clarify Federal authorities governing a health care provider’s participation in and exclusion from a Federal health care program, i.e., Medicare and Medicaid.  These...


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SAMHSA Final Rule on Confidentiality of Substance Use Disorder Patient Records

Posted by: Stephanie T. Eckerle and Maggie C. Little on February 16, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

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...


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Preparing Your Facility for the MOON

Posted by: Thomas N. Hutchinson and Andrew C. Walker on February 16, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

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,...


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

Posted by: Thomas N. Hutchinson and Andrew C. Walker on February 7, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

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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