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 […]
Health Law Alert
Patient Orders May Not be Sent by Text Message
on Friday, 2 February 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
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
on Friday, 2 February 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
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
on Friday, 2 February 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
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 […]
Billing Labs Not Required to Determine Medical Necessity of Tests
on Thursday, 4 January 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
In the recent case, United States ex. rel. Groat v. Boston Heart Diagnostics Corp., decided in December 2017, the U.S. District Court of the District of Columbia held that a laboratory may rely on the ordering physician’s determination of medical necessity in the laboratory’s certification for payment on the CMS-1500 […]
