With the end of 2016, covered entities must remember to file all breach reports with OCR. If a covered entity experienced a breach (as defined in the data breach notification rule) during 2016, the deadline for reporting the breach to OCR is March 1, 2017. Covered entities have 60 days […]
Health Law Alert
CMS Final Rule Implementing the NOTICE Act and its Effect on Hospitals and Critical Access Hospitals
on Sunday, 25 December 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
The Notice of Observation Treatment and Implication for Care Eligibility Act (NOTICE Act) requires hospitals and critical access hospitals (CAHs) to provide written and oral notification and explanation of observation services to outpatients receiving observation services for more than 24 hours at a hospital or CAH. On August 22, 2016, […]
Telemedicine and EMTALA Compliance by CAHs
on Thursday, 15 December 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
As large hospitals and health systems reach out to critical access hospitals (“CAHs”) offering emergency medicine expertise by telemedicine, the question arises as to how the CAH can use that service while still meeting its legal obligations under the Emergency Medical Treatment and Active Labor Act (“EMTALA”). The Centers for […]
Meaningful Use Update: Revised 2016/2017 Reporting Period and Other Updates
on Thursday, 8 December 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
Last month, the Centers for Medicare and Medicaid Services (CMS) released a final rule with comment period regarding changes to the Medicare and Medicaid Electronic Health Record Incentive Programs (Meaningful Use). The changes come as many providers continue to face administrative burdens related to Meaningful Use software implementation and other […]
Phantom Unqualified Care Leads to Prison Sentence for Physician
on Monday, 21 November 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
A recent Georgia case brings to light the fraudulent practice of physicians allowing insufficiently qualified or completely unqualified persons to perform clinical services and documenting the services as though the physician performed them. The practice may go undetected for a time due to improper password sharing in order to allow […]
