Articles and Blogs

A recent U.S. Court of Appeals decision increases chances for data breach victims to successfully sue. In 2014, customers of a health insurer filed a lawsuit after their personally identifiable information (“PII”) was revealed in a data breach that affected more than one million individuals.[1] The lower court dismissed the lawsuit in 2014, but... READ MORE

NATIONAL Deloitte: Many states establishing Medicaid APMs, but few evaluated for effects on outcomes Doctors loathe their EHRs, right? Not these physicians Is Amazon about to take over the pharmacy industry? HHS proposes another 340B penalty rule delay For-profit hospital operators likely to experience weak patient admissions through 2018 Governors Preparing Bipartisan Health Care... READ MORE

With the intention of improving care for individuals receiving substance use disorder treatment and mental health care by better coordinating care, Senators Rob Portman (R-OH) and Sheldon Whitehouse (D-RI) introduced the Improving Access to Behavioral Health Information Technology Act (“Act”), a bipartisan bill designed to grant incentives to behavioral health organizations to adopt electronic... READ MORE

While federal efforts in recent years may have incrementally increased the number of medical residents in training in the United States, still too few residents are being trained to meet expected demand for physicians. This article examines a recent United States Government Accountability Office (“GAO”) report that outlines the federal efforts to expand graduate... READ MORE

On July 25, 2017, the Food and Drug Administration (“FDA”) issued guidance (the “Guidance”) stating that it does not intend to object to an Institutional Review Board’s (“IRB”) wavier of the informed consent requirements for human subjects research involving no more than minimal risk. The Guidance, effective immediately, aligns the FDA’s policy on the waiver... READ MORE

Amazon is taking strides to enter one of the most complex of industries: health care. In late 2016, Amazon began investigating the possibilities of leveraging its supply chain to meet health care consumers’ needs. Amazon Business, Amazon’s current supply chain platform, has already transformed the supply chain industry, generating over $1 billion in sales... READ MORE

The single largest and most unexpected change proposed in the 2018 Proposed PPS Rule is the announcement that the Home Health Groupings Model (“HHGM”) will be implemented as of January 1, 2019. Although the Centers for Medicare & Medicaid Services (“CMS”) released a detailed technical report on the HHGM last fall, the industry did not... READ MORE

On August 15, 2017, CMS released for public inspection a proposed rule that would: Cancel the AMI, CABG and SHFFT episode payment models that are currently scheduled to begin on January 1, 2018. Cancel the cardiac rehabilitation incentive payment program that is currently scheduled to begin on January 1, 2018. Revise various aspects of... READ MORE

Just over half a year into the new administration, significant developments have occurred that may permanently alter the landscape of the 340B drug discount program (“340B Program”), developments so significant that the mainstream news media has started to take notice.[1] As 340B Program participating “Covered Entities” and their contract pharmacy partners work to develop... READ MORE

NATIONAL 7 statistics on physician compensation — average sign on bonus is $18k Elderly may be blocked from suing nursing homes for neglect, abuse 25% of Physicians Dissatisfied with Provider Compensation Rates 9 hospitals, health systems opening or planning ASCs — July 2017 Non-physician providers, support staff a driving factor behind more profitable physician... READ MORE