Earlier this year, Nebraska’s Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006 (the “Nebraska Act”) was amended. Specifically, the amendments require entities to notify the Nebraska Attorney General in the event of a data breach; expand the definition of “personal information;” and state that data […]
Health Law Alert
Nebraska Health Clinic Licensure – a Basis for Sales Tax Exemption for RHCs
In 2012, the Nebraska legislature amended the state statutes governing the sales tax exemption for health clinics to include clinics owned by one or more nonprofit hospitals or health systems for the purpose of reducing the cost of health services. Historically, this provision required ownership by “two” or more such […]
Joint Commission Updates Position on Texting Patient Orders
The Joint Commission recently revised its position on physicians and licensed independent practitioners transmitting orders via text message. The Joint Commission’s new position allows physicians and licensed independent practitioners to send orders for care, treatment, and service via text message as long as a secure platform is used and the […]
Compliance With Nondiscrimination Section 1557 of the ACA Quickly Approaching
In mid-May the Office for Civil Rights (OCR) released final regulations for the nondiscrimination section of the Patient Protection and Affordable Care Act (ACA). The nondiscrimination provision—section 1557 of the ACA (42 USC § 18116)—prohibits discrimination in health care programs and activities on the basis of race, color, national origin, […]
The IRS Speaks—No Tax Exemption for Non-Medicare ACO
Since the passage of the Affordable Care Act in 2010, many ACO organizations have been established by hospitals and health systems to meet the triple aim of the statute—lower cost for individuals, improving access and quality, and improving population health. Their participating providers consist both of health system-employed physicians and […]

