Health Law Advisory

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Late evening on January 28, 2020, the U.S. Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) issued an Important Notice Regarding Individuals’ Right of Access to Health Records (“Notice”). The Notice came just five days after a federal court issued a crushing blow to HHS in a...
During the opening day of the Nebraska legislative session, State Sen. Carol Blood (LD 3) introduced the Nebraska Consumer Data Privacy Act (LB 746) (“Act”), which borrows most of its provisions, almost word for word, from the California Consumer Privacy Act ("CCPA"). In short, the Act, if passed, would place limitations...
On November 15, 2019, the Centers for Medicare and Medicaid Services (“CMS”) released its final rule for hospitals to publicly post their “standard charges” on the internet. The final rule—partially titled “Price Transparency Requirements for Hospitals to Make Standard Charges Public” and published in the November 27, 2019 edition of the...
On December 12, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a second enforcement action as part of the HIPAA Right of Access Initiative, an effort by OCR to ensure individuals get access to their medical records promptly. Earlier this year, Bayfront Health St....
On October 25, 2019, the Department of Justice (DOJ) announced settlements with two foundations totaling $6 million.[1]  The DOJ alleged that the charities worked with various pharmaceutical companies to establish programs that funneled money to patients taking specific drugs manufactured by those pharmaceutical companies.  According to the DOJ, these programs increased...

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