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Does Wining and Dining EHR Prospects Trigger False Claims Act Liability?

Posted by: Robert A. Anderson and Marc T. Quigley on February 10, 2021

Athenahealth, Inc. (“Athena”), an electronic health records (“EHR”) vendor, recently paid $18.25 million to settle allegations that it violated the False Claims Act by using extravagant gifts to persuade prospects to buy its electronic medical record system. In its Complaint, the government did not…

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Is Your Non-Compete Buy-Out Reasonable?

Posted by: Thomas N. Hutchinson, Robert A. Anderson, and Amy J. Adolay on January 27, 2021

As we reported previously, earlier this year, the Indiana Legislature passed House Bill 1004, which created a new law affecting physician noncompete agreements and physician separations codified at Indiana Code 25-22.5-5.5 that went into effect on July 1, 2020.

The new law sets out five provisions…

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Show Me the Records: OCR Holds Providers Accountable Under HIPAA Right of Access Initiative

Posted by: Stacy Walton Long and on January 27, 2021

As if to underscore Health and Human Services’ (“HHS”) commitment to electronic medical record interoperability and against information blocking, OCR closed out 2020 with a sweeping number of enforcement actions under its HIPAA Right of Access Initiative (“Initiative”). OCR also didn’t hesitate to…

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MFAR Dies, but Not Without Leaving a Trace- New Supplemental Payment Reporting

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on January 14, 2021

As we previously reported, on September 14, 2020 CMS Administrator Seema Verma announced, via a tweet, that CMS was withdrawing the proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While the Proposed Rule was marketed as promoting transparency of the Medicaid program,…

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Will Legislatures Put Telehealth on Hold in 2021?

Posted by: Brandon W. Shirley and Amanda K. Schipp on January 14, 2021

COVID-19 has undoubtedly elevated telehealth in the health care industry, and has all but assured its continuance long after the public health emergency ends. However, the exact form that telehealth may take along its pathway to becoming a permanent fixture in the health care delivery system is…

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Court of Appeals Clears the Way for CMS’s Hospital Price Transparency Rule

Posted by: Robert A. Anderson and on December 30, 2020

Yesterday, the D.C. Court of Appeals (the “Appeals Court”) issued its ruling affirming summary judgment in favor of the Department of Health and Human Services (“HHS”) and against the American Hospital Association (“AHA”).  The ruling clears the way for CMS’s Price Transparency Rule (“Rule”) which…

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Court of Appeals Clears the Way for CMS’s Hospital Price Transparency Rule

Posted by: Robert A. Anderson and on December 30, 2020

Yesterday, the D.C. Court of Appeals (the “Appeals Court”) issued its ruling affirming summary judgment in favor of the Department of Health and Human Services (“HHS”) and against the American Hospital Association (“AHA”).  The ruling clears the way for CMS’s Price Transparency Rule (“Rule”) which…

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Speak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule

Posted by: Robert A. Anderson, Stacy Walton Long, Stephanie T. Eckerle, Shelley M. Jackson, and Virginia A. Talley on December 11, 2020

On December 10, 2020 the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced proposed modifications to the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule (45 CFR Parts 160 and 164). The proposed modifications are detailed in HHS’s…

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Don't Lose Focus on Your Compliance with Important COVID-19 Requirements

Posted by: Brandon W. Shirley and Stephanie T. Eckerle on November 16, 2020

The HHS Office of Inspector General (“OIG”) published its intent to review some key measures the Federal government made in response to COVID-19. Those key measures include the Medicare program’s telehealth policy changes and oversight of funds disbursed to providers under the CARES Act and the…

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Animals Welcome? Legal Protections for Assistance Animals

Posted by: Shelley M. Jackson on November 16, 2020

“Our perfect companions never have fewer than four feet.” ~ Sidonie-Gabrielle Colette

Over time, dogs and other animals have played many roles in society that span beyond being comforting companions in our homes. Of these roles, arguably one of the most important is to provide services and support…

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ONC Extends Information Blocking Deadlines

Posted by: Robert A. Anderson and Stephanie T. Eckerle on November 3, 2020

The U.S. Department of Health and Human Services’ Office of the National Coordinator for IT (“ONC”) announced a much-anticipated interim final rule with comment period (“Interim Rule”). As expected, the ONC extended various compliance dates and timeframes relating to its electronic medical record…

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COVID-19, Faith, and 'Technical Assistance' from OCR

Posted by: Andrew W. Breck and Robert A. Anderson on November 3, 2020

Patients treating at hospitals during the ongoing public health emergency face a number of challenges with respect to access to on-site and virtual support from family and friends.  Compounding the stress, some hospitals have denied patients in-person access to members of their respective clergy in…

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