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The Cost of Abandonment – Patient Records

Posted by: Stephanie T. Eckerle and Meghan M. Linvill McNab on May 18, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The 120th Indiana General Assembly recently enacted legislation to revise Indiana Code (“IC”) 4-6-14 regarding abandoned health records.   Under the current statute, the attorney general (“AG”) may take possession of, store, maintain, transfer, protect, or destroy health records that the AG...


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Have You Conducted A Risk Assessment In A While? If Not, It Could Cost You $400,000

Posted by: Stacy Walton Long on May 18, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On or about December 5, 2011, a hacker accessed email accounts of employees of Metro Community Provider Network (“Metro”), a federally-qualified health center, and acquired 3,200 individuals’ electronic protected health information (“ePHI”) via a phishing incident[1].  Accordingly, on January...


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Failure To Have A Business Associate Agreement Could Be A $31,000 Mistake

Posted by: Stacy Walton Long on May 18, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

FileFax, Inc. (“FileFax”) is a Business Associate of the Center for Children’s Digestive Health (“Center”).  The Center is a small, for-profit healthcare provider with a subspecialty practice in pediatrics.  Since 2003, FileFax stored inactive paper medical records that contained protected...


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If A CMS Surveyor Knocks, Will You Be There To Answer?

Posted by: Thomas N. Hutchinson and Andrew C. Walker on April 26, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In order to maintain enrollment in Medicare, suppliers and providers must comply with Medicare program mandates, including the “enrollment requirements” detailed in Medicare’s conditions for payment regulations.[1] The enrollment requirements obligate a provider to submit – and keep current – a...


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Delay in Implementation of Home Health COPs

Posted by: Meghan M. Linvill McNab on April 26, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In January 2017, we reported on CMS’ recent publication of 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. This Final Rule was published on January 13, 2017...


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Recent Indiana Supreme Court Medical Malpractice Ruling

Posted by: Robert A. Anderson and Thomas C. Higgins on April 26, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Indiana Supreme Court recently held in Charles McKeen, M.D. v. Billy Turner  that a plaintiff’s theory of negligence at trial need not be identical to the plaintiff’s theory in his or her submission to the Medical Review Panel (“Panel”), so long as evidence relating to the theories of...


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Payment Matters: To Collect or Not to Collect?

Posted by: Meghan M. Linvill McNab and Thomas N. Hutchinson on April 26, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A frequent question from physicians is:  What do I do if I have a patient who does not pay his or her bill?  And for those physicians who are thinking ahead:  What can I do to avoid having a patient who does not pay his or her bill?  This article briefly addresses strategies physicians may try...


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