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Health Care / Health Reform Connect®

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HHS To Review Anti-Discrimination Rule That Applies Protections to Transgender Patients

Posted by: Brandon W. Shirley on July 28, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A Texas District Court judge presiding over a lawsuit challenging a Federal Regulation that expands protections to transgender patients, among others (“Rule”) recently agreed to stay judicial proceedings while the Health and Human Services (“HHS”) agency reviews the Rule. The court had earlier...


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As EHR Incentive Program Sunsets, OIG Identifies Overpayments to Eligible Professionals

Posted by: Thomas N. Hutchinson and Andrew C. Walker on July 28, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A June 12, 2017, OIG report indicates that, between 2001 and 2014, CMS paid $730 million in electronic healthcare record (“EHR”) incentive payments to eligible professionals (“EPs”) who did not comply with Federal requirements for “meaningful use” of EHRs. In other words, the OIG believes these...


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EMTALA Turns 30; CMS Enforcement and New Rules Require Hospitals' (and Physicians') Attention

Posted by: Thomas N. Hutchinson and Andrew C. Walker on July 28, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Without surprise, not many hospital providers joined in the celebration of EMTALA’s recent 30th anniversary. A lack of shared joy notwithstanding, EMTALA remains as rigorous, nuanced, and enforced as when it was first enacted as part of the 1986 COBRA legislation.

The broad requirements of...


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Implementation of Indiana's Opioid Prescribing Law

Posted by: Laura A. Brown on July 28, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Indiana’s seven day script law for new patients, Senate Enrolled Act (“SEA”) 226, went into effect on July 1, 2017.[1]  Under SEA 226, the general rule is as follows:  A prescriber may not issue more than a seven day supply of an opioid if the prescriber is prescribing to an adult patient for...


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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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