While not the first Act that comes to mind associated with healthcare, healthcare entities should remain on notice of the Telephone Consumer Protection Act (“TCPA”). The TCPA regulates the use of automatic telephone dialing systems (“ATDS”) in making calls or sending text messages and the use of a pre-recorded or […]
Health Law Alert
Congress changes “lost revenue” calculation for Provider Relief Funds; HHS delays initial reporting deadline
on Tuesday, 2 February 2021 in
Health Law Alert: Andrew D. Kloeckner, Editor
Much like Marty McFly and Doc Brown in the popular “Back to the Future” movie franchise, Congress turned back the clock on the “lost revenue” calculation for Provider Relief Fund (“PRF”) reporting. Under the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (“CRRSA”) (Pub. L. 116-260), which was signed into […]
NIST Standards Are Now Even More Important to HIPAA
on Monday, 25 January 2021 in
Health Law Alert: Andrew D. Kloeckner, Editor
Once again, cybersecurity is proving to be a common subject that Congress and the President can agree upon. On January 3, 2021, President Trump signed into law a bill which potentially reduces fines, audits, or mandated remedies for covered entities that have been victims of a breach, however, covered entities […]
New Stark & Anti-Kickback Rules: Impact on Physician Group Practice Structures
on Thursday, 7 January 2021 in
Health Law Alert: Andrew D. Kloeckner, Editor
On December 2, 2020, CMS finally issued the much anticipated additions and modifications to the Stark law and the federal Anti-Kickback Statute. The changes came over one year following the publication of proposed rules and, with a few exceptions, are effective as of January 19, 2021. This is one of […]
Fourth Amendment to PREP Act: Expansion of Telehealth and Legal Liability Protections
on Thursday, 7 January 2021 in
Health Law Alert: Andrew D. Kloeckner, Editor
On December 3rd, the U.S. Department of Health and Human Services (“HHS”) released the Fourth Amendment to the Public Readiness and Emergency Preparedness Act (“PREP Act”). The Fourth Amendment bolsters immunities by establishing legal liability protections to private distribution channels, telehealth providers, and for prioritization decisions. Private Distribution Channels Previously, […]