Articles and Blogs

On April 27, 2015, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced that it entered into a settlement with a Colorado pharmacy (“Pharmacy”) arising from alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule.  Under the settlement, the Pharmacy agreed to pay $125,000 in... READ MORE

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

On April 20, 2015, the Office of Inspector General (“OIG”), in collaboration with the American Health Law Association, the Association of Healthcare Internal Auditors and the Health Care Compliance Association, released Practical Guidance for Health Care Governing Boards on Compliance Oversight (the “Board Guidance”). The Board Guidance offers practical tips for governing boards of... READ MORE

CMS Releases Proposed Hospital Payment Rule Late last Friday, April 17, CMS released the proposed FY 16 Medicare payment rule for inpatient and long-term care hospitals. CMS estimates the proposed rule would increase Medicare payments to 3,400 acute care hospitals by about 0.3 percent, or $120 million, in 2016 compared to this year. CMS... READ MORE

Financial liability for HIPAA violations has been increasing since the passage of the HITECH Act in 2009. HIPAA financial exposure comes not only from OCR but from state attorneys general and private party lawsuits as well. Covered entities and business associates are faced with a variety of economic pressures, including how to effectively allocate... READ MORE

Facts of an Interesting Telemedicine Case1 The plaintiff in the case (“Physician”) is a board-certified radiologist who entered into a contract with defendant teleradiology company (“Company”) to furnish teleradiology services to hospitals, including a hospital on Long Island, New York (“Hospital”).  Under the terms of the contract, Hospital would electronically transmit diagnostic images, such as X-rays,... READ MORE

The Meaningful Use Incentive Program continues to evolve from an incentive program to a regulatory compliance tool.  With the recent proposed changes ranging from payment adjustments to the new proposed Stage 3 objectives, eligible hospitals and eligible physicians should be aware of what is now expected and how best to prepare to be a... READ MORE

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

Senate Passes, President Signs SGR Replacement Legislation On Thursday, April 16, President Obama signed H.R. 2, the SGR repeal and replacement bill, into law.  The President’s signing ceremony comes two days after the U.S. Senate passed the SGR replacement legislation by a 92-8 vote.  The measure, which repeals the sustainable growth rate formula for... READ MORE