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…
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…
“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…
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…
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…
Recently, in Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel Chair, 20A-CT-393, the Indiana Court of Appeals held that a patient may assert negligence on the part of nonparty physicians in his submission to…
Effective January 1, 2021, all hospitals that operate in the United States will be required to comply with CMS’s Price Transparency Requirements detailed in its Final Rule (the “Rule”). The Rule mandates that hospitals establish, update, and make public a list of their standard charges for the…
On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy…
The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of service beginning September 24, 2020, allow providers…
In the recent case of Jernagan v Indiana University Health a/k/a Indiana University Health ACO, Inc. a hospital clerk provided the patient with an anesthesiologist’s business card on the morning of his surgery. The Indiana Court of Appeals held that may not have provided reasonable notice of the…
Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency. Specifically, the Executive Order applies to the following health care professionals who…
On November 18, 2019, the Medicaid world was “rocked” when the Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”). While intending to strengthen the fiscal integrity and promote transparency of the Medicaid…
