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

By: Stacy Walton Long and on February 4, 2020

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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Property Tax Exemptions Threatened for Indiana Nonprofit Hospitals

By: Scott C. Frissell on January 9, 2020

An exemption from property tax is one of the fundamental premises upon which many nonprofit organizations rely. Such exemptions allow these organizations to reduce their operating costs so that they may more effectively perform their charitable purposes. According to the Indiana Legislative…

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Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients

By: Robert A. Anderson on January 9, 2020

Representative Donna Schaibley introduced House Bill No. 1005 to the Indiana House Public Health Committee on January 6, 2020. The stated purpose of the bill is to make pricing for health care services more transparent with the aim of ultimately reducing the overall cost to patients. To do so, the…

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OCR Throws Penalty Flag on Jackson Health System's Multiple HIPAA Violations

By: Stacy Walton Long and on December 2, 2019

The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently announced that it imposed $2,154,000 in civil money penalties (CMPs) against Jackson Health System (“Jackson”) for multiple violations of the Security and Breach Notification Rules of the Health…

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The Online NPDB Insights Publication Provides Monthly Guidance on Reportable Actions

By: Susan E. Ziel and Sarah Stites Millspaugh on December 2, 2019

The National Practitioner Data Base (“NPDB”) is a confidential clearinghouse established by Federal laws[1] and regulations[2] in order to promote quality, to protect the public and to reduce healthcare fraud and abuse.  The U.S. Department of Health and Human Services (“HHS”) is responsible for…

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Just Released: Proposed Rule on Medicaid Fiscal Accountability

By: Meghan M. Linvill McNab and on November 11, 2019

On November 12, 2019, Seema Verma, Administrator for the Centers for Medicare and Medicaid Services (“CMS”) spoke to the National Association of Medicaid Directors.  As part of that speech, Administrator Verma emphasized the need for transparency in Medicaid programs, particularly Medicaid…

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CMS' Final Rule on Discharge Planning Expands Patient Choice and Supports Interoperability

By: Andrew W. Breck and Robert A. Anderson on October 28, 2019

CMS recently issued a final rule on discharge planning requirements for hospitals, critical access hospitals (“CAHs”), and home health agencies (“HHAs”).  The new regulations focus on the exchange of patient information between healthcare facilities in the discharge process. The final rule allows…

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How Does Your Organization's Exclusion Verification Policy Compare?

By: Susan E. Ziel and Robert A. Anderson on October 28, 2019

Does your organization have a policy relating to verification of exclusion from Federal and State healthcare programs? If so, does your Policy comply with all applicable requirements?   Requirements include the following:

  • The Civil Monetary Penalties (“CMP”) Law[1] which imposes monetary penalties…

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PATIENTS SAY THE DARNDEST THINGS: Providers Risk Disclosing PHI in Response to Online Reviews

By: Thomas N. Hutchinson and on October 27, 2019

In the age of increased access to online review platforms such as Google, Facebook, Healthgrades, and Vitals, healthcare providers face the difficult task of managing negative reviews. It can be tempting to respond to negative reviews in an effort to resolve problems. However, these platforms pose…

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Office of Inspector General Clarifies Online Digital Platforms and Marketing Practices for Physicians

By: Brandon W. Shirley and Robert A. Greising on October 7, 2019

The Health and Human Services Office of Inspector General (“OIG”) recently published an Advisory Opinion (“AO 19-04”) concerning the use of online platforms for finding and booking physician appointments and physician marketing. While the OIG determined that the platform and payment structure…

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OCR Holds True to Right of Access Initiative with First Enforcement Action

By: Stacy Walton Long and on October 7, 2019

Earlier this year, the Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced its Right of Access Initiative. The Right of Access Initiative promises to vigorously enforce the rights of patients to receive copies of their medical records without facing…

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Judge Strikes Down Payment Cuts For Outpatient Department Evaluation and Management Services

By: Brandon W. Shirley and Meghan M. Linvill McNab on October 7, 2019

In a decision dated September 17, 2019, a Federal judge invalidated a 2018 Centers for Medicare and Medicaid Services (“CMS”) regulation that attempted to align Medicare Part B payments for Evaluation & Management (“E&M”) services in hospital outpatient departments (“OPD”) with the lower rates paid…

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