On January 17, 2018, just two days before the revised Federal regulations governing the protection of human subjects (the “Revised Common Rule”) were set to go into effect, the U.S. Department of Health and Human Services and fifteen other Federal departments and agencies announced a six month delay of the […]
Health Law Alert
Updating Part 2: SAMHSA Issues another Final Rule
On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) released a final rule governing the Confidentiality of Substance Use Disorder Patient Records (Part 2). This final rule addresses the following areas of the Part 2 regulations: prohibition on re-disclosure of Part 2 information, and circumstances and […]
Patient Orders May Not be Sent by Text Message
The Centers for Medicare & Medicaid Services (CMS) recently reaffirmed its prohibition against “Licensed Independent Practitioners” (LIPs) issuing patient orders via text message. CMS clarified that “the practice of texting orders from a [LIP] to a member of the care team is not in compliance with the Conditions of Participation […]
Don’t Forget! Breach Reports Due March 1, 2018
As organizations continue to close the books for calendar year 2017, remember that covered entities must file all HIPAA breach reports with the U.S. Department of Health and Human Services Office for Civil Rights (OCR). If a covered entity experienced a breach (as defined in the data breach notification rule) […]
“Low Volume Appeals Settlement” Announced by CMS to Ease Medicare Appeals Gridlock
The details of the Low Volume Appeals Settlement (LVA) initiative were explained during a Medicare Learning Network Call with CMS on January 9, 2018. The initiative is designed to partially relieve what is now estimated to be a 3-year backlog of claims stacked up for hearings before an Administrative Law […]