On January 16, 2014, the Federal Trade Commission (FTC or Commission) issued a decision denying a motion to dismiss by LabMD, Inc. (LabMD) in an administrative proceeding against it. The bulk of the decision centered on rejecting LabMD’s argument that the FTC lacked authority to regulate LabMD’s data security practices […]
Health Law Alert
CMS Addresses CPR in Nursing Homes
on Thursday, 30 January 2014 in
Health Law Alert: Kristin N. Lindgren, Editor
A Survey and Certification Letter (S & C 14-01-NH) issued in October 2013 reinforces the requirement for nursing facilities to initiate cardiopulmonary Resuscitation (CPR) unless otherwise directed by the resident’s advance directive or a Do Not Resuscitate (DNR) order. The guidance follows several highly publicized cases of nursing facilities adopting […]
Meaningful Use Update: CMS Announces Revised Timeline
on Monday, 27 January 2014 in
Health Law Alert: Kristin N. Lindgren, Editor
Over the past several years, the health care industry has seen rapid adoption of electronic health record (EHR) technology by health care providers and facilities. Recent adoption of EHR technology was spurred by the Centers for Medicare and Medicaid Services (CMS) EHR Incentive Program (also known as Meaningful Use). Under […]
HHS Announces Proposed Rule Amending the HIPAA Privacy Rule for Reporting to the National Instant Criminal Background Check System
on Monday, 20 January 2014 in
Health Law Alert: Kristin N. Lindgren, Editor
On January 3, 2014, the Department of Health & Human Services (HHS) announced a Notice of Proposed Rulemaking (NPRM) to revise the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to expressly permit certain covered entities to disclose specific information about individuals subject to the Federal mental […]
Court Ruling Includes Important Reminders on Attorney-Client Privilege
on Monday, 13 January 2014 in
Health Law Alert: Kristin N. Lindgren, Editor
Many providers wrongly assume that copying their lawyer on communications somehow means that the communication is automatically protected from discovery under an attorney-client privilege. A recent ruling in U.S. v. Halifax Hospital Medical Center points out that this is not always the case and includes important reminders for what is […]
