On December 31, 2016, U.S. District Court Judge Reed O’Connor granted the plaintiff’s motion for preliminary injunction in their challenge to the definition of “sex” under the Office for Civil Rights (OCR) Section 1557 final regulations. The practical effect of Judge O’Connor’s ruling is that any current steps that covered […]
Health Law Alert
Fix Up the Hospital Van (Again!): OIG Finalizes Local Transportation Safe Harbor
In early December 2016, the Department of Health and Human Services Office of Inspector General (OIG) finalized the local transportation safe harbor under the Federal anti-kickback statute (81 FR 88368). Health care providers of all types have long offered transportation to patients in need with the primary motivation being increased […]
Sixty Days Means … Sixty Days: Recent OCR Action Highlights the Need for Timely Breach Notification
The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently announced a settlement based on a covered entity’s failure to meet the breach notification timeline requirements set forth in the Health Insurance Portability and Accountability Act of 1996 Breach Notification Rule (Rule). On January 9, […]
OIG Updates Threshold for Gifts of “Nominal Value”
On December 7, 2016, the Office of Inspector General (OIG) of the Department of Health and Human Services updated the threshold for gifts of “nominal value” for Medicare beneficiaries from $10 to $15 per item and $50 to $75 in total for a patient on an annual basis. The Civil […]
Congress Extends Moratorium on Enforcement of Supervision Requirements for CAHs (Again)
It’s déjà vu all over again. For the third time in as many years, Congress passed an enforcement moratorium on physician supervision requirements for critical access and small rural hospitals. Section 16004 of the 21st Century Cures Act—signed by outgoing President Barack Obama on December 13, 2016—extends the Centers for […]

