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CMS and OIG Temporarily Clear Regulatory Obstacles to Expand Telehealth Coverage to Address COVID-19

Posted by: Brandon W. Shirley and Alexandria M. Foster on March 18, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Centers for Medicare and Medicaid Services (“CMS”) and the Health and Human Services Office of Inspector General (“OIG”) announced new telehealth coverage policies as a short-term solution to mitigating the impact and spread of COVID-19. The authority to expand telehealth services lies...


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1135 Waiver Response TO COVID-19

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on March 16, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

With Secretary Azar’s Public Health Emergency declaration and President Trump’s National Emergency declaration, CMS is authorized to grant Social Security Act §1135 waivers of Medicare, Medicaid or SCHIP requirements (“1135 Waivers”) with respect to COVID-19.  Such Waivers may be granted as (A)...


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State Medicaid Programs Respond to Coronavirus

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on March 13, 2020

With the spread of the coronavirus (COVID-19), and tri-fold spread of fear relating to the same, State agencies have begun to take action with respect to care relating to coronavirus.  Specifically, State Medicaid programs across the nation are beginning to review both cost-sharing policies,...


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The Impact of HIPAA on Disclosures Related to COVID-19

Posted by: Stephanie T. Eckerle and Susan E. Ziel on March 13, 2020

The Health Insurance Portability and Accountability Act of 1996[1](“HIPAA”) governs the disclosures of any protected health information (“PHI”) that is created or received and maintained by HIPAA covered entities and their business associates.  Health care providers must take into consideration...


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Proposed Regulations on Meals and Entertainment Expenses

Posted by: Kendall A. Schnurpel on March 11, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On February 26, 2020, the IRS and Treasury published proposed regulations (“Proposed Regulations”) providing guidance under §274 of the Internal Revenue Code (“Code”) as amended by the Tax Cut and Jobs Act, Pub. L. No. 115-97, §13304, 131 Stat. 2054, 2123 (2017) (the “TCJA”). The Proposed...


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Failure to Encrypt Mobile Devices Results in a $3 Million Mistake

Posted by: Stacy Walton Long and Alexandria M. Foster on February 5, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The University of Rochester Medical Center (Rochester) settled with the Office of Civil Rights (OCR) for $3 million for repeated violations of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA) relating to its failure to encrypt ePHI on mobile devices. This...


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Failure to Report HIPAA Breaches Results in Costly Fine and Corrective Action Plan

Posted by: Stacy Walton Long and Alexandria M. Foster on February 5, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Sentara Hospitals (Sentara) entered into a $2.175 million settlement and corrective action plan with the Office of Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) for alleged violations of the Health Insurance Portability and Accountability Act of 1996, as amended...


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