As we close the books on 2018, covered entities must remember to file all small breach reports with OCR. For small breaches (those impacting less than 500 individuals), covered entities have 60 days following the end of the year in which the breach occurred to report any breach for the […]
Health Law Alert
There’s No Free Lunch and Now No Free Employee Parking – New Taxes for Exempt Employers
For those of you who attended the Baird Holm Health Law Forum in November 2018, you may remember reference to an unusual provision in the Tax Cuts and Jobs Act that makes tax–exempt employers liable for unrelated business income tax on the cost of the parking provided to employees. It’s […]
Department of Justice Modifies Yates Memo Standard
The U.S. Department of Justice (“DOJ”) recently issued revisions to its Justice Manual that soften the impact of the September 2015 “Yates Memo,” named after its author, then-Deputy Attorney General Sally Yates. The Yates Memo instructed federal prosecutors not to give a corporate defendant any credit for cooperation unless the […]
OCR Asks for Your Feedback: The Request for Information on Reducing Regulatory Burdens to Improve Care Coordination
On December 14, 2018, OCR issued a Request for Information (“RFI”) asking how HIPAA can be revised to better promote care coordination and value-based care while preserving privacy and security protections. The RFI is relatively short, and easily digestible. It categorizes its requests into four topic areas, asking more specific […]
2018 NPDB Guidebook Battens Down the Hatches of Resignations While Under Investigation
On October 26, 2018, a new version of the National Practitioner Data Bank Guidebook was published by the Health Resources and Services Administration (HRSA), replacing the prior version published in April 2015. As background, hospitals and other health care entities are required to report adverse clinical privileges actions to the […]

