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Health Law News

CMS Proposes Additional Changes to Regulations Impacting CLIA Certified Laboratories, ASCs, Long-Term Care Facilities and ICF/IIDs

[02/13/13]

Posted on February 13, 2013 in Health Law News

Published by: Hall Render

This article is Part I in a series discussing the proposed rule to revise certain Conditions of Participation, Conditions for Coverage and regulations under the Clinical Laboratory Improvement Amendments of 1998 published on February 7, 2013. This first installment provides an overview of the changes applicable to CLIA certified laboratories and several other changes applicable... READ MORE

HITECH Final Rule – Implementation of GINA

[02/12/13]

Posted on February 12, 2013 in Health Law News

Published by: Hall Render

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”).  Because the Final Rule covers... READ MORE

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You Can Share a Governing Board but Not a Medical Staff: Medicare Proposes Changes to Hospital Conditions of Participation

[02/08/13]

Posted on February 8, 2013 in Health Law News

Published by: Hall Render

Summary Yesterday, February 7, 2013, CMS issued a proposed rule that addresses a number of changes to the Conditions of Participation (“CoP”) for hospitals, 78 FR 9216 (“Proposed Rule”).  Beyond hospitals, this Proposed Rule speaks to other areas affecting ambulatory surgical centers, CLIA proficiency testing and transplant centers, among others.  This summary deals with... READ MORE

HITECH Final Rule – Impact on Enforcement Rule

[02/07/13]

Posted on February 7, 2013 in Health Law News

Published by: Hall Render

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”).  Because the Final Rule covers... READ MORE

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CMS Revises Its Policy Regarding Therapy Caps for Critical Access Hospitals

[02/06/13]

Posted on February 6, 2013 in Health Law News

Published by: Hall Render

Early last month, Congress enacted the American Taxpayer Relief Act of 2012 (the “Act”).  The Act made certain changes to the Medicare therapy caps that included services provided in critical access hospitals (“CAHs”) being subject to the caps.  CMS’s position on how it is going to apply this provision has recently been revised, with CAHs... READ MORE

HITECH Final Rule – Impact on Breach Notification Rule

[02/04/13]

Posted on February 4, 2013 in Health Law News

Published by: Hall Render

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”).  Because the Final Rule covers... READ MORE

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HITECH Final Rule – Impact on Business Associates (Part 2 of 2)

[01/31/13]

Posted on January 31, 2013 in Health Law News

Published by: Hall Render

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”). Because the Final Rule covers... READ MORE

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Tax-Exempt Hospital Organizations Must Give Careful Attention to Proposed Regulations under Code Section 501(r) – But When Must They Come into Full Compliance?

[01/31/13]

Posted on January 31, 2013 in Health Law News

Published by: Hall Render

Summary Tax-exempt Hospital Organizations will have to take extensive action in the days ahead to ensure compliance with Code Section 501(r). In addition to completing their first community health needs assessments (“CHNAs”) by the end of their current tax years, these Hospital Organizations now face detailed and complicated Proposed Regulations that will govern the other aspects... READ MORE

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HITECH Final Rule – Impact on Business Associates (Part 1 of 2)

[01/28/13]

Posted on January 28, 2013 in Health Law News

Published by: Hall Render

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”). Because the Final Rule covers a... READ MORE

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Update: Federal Court Narrowly Construes Wisconsin’s Physician-Patient Privilege

[01/28/13]

Posted on January 28, 2013 in Health Law News

Published by: Hall Render

Executive Summary In Vincent v. Quality Addiction Management, Inc., No. 2:11-cv-205 (E.D. Wis. January 14, 2013), the United States District Court for the Eastern District of Wisconsin narrowly construed Wisconsin’s physician-patient privilege to partially grant a motion to compel defendant Quality Addiction Management, Inc. (“QAM”) to disclose the medical records of the co-defendant (“Madison”)... READ MORE