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Your AI coding tool just “found” $1.2 million in missed revenue. Congratulations. You’ve also just handed the Department of Justice a roadmap to a False Claims Act investigation. A new generation of AI-powered billing and coding tools are infiltrating revenue cycle management departments across the country. These tools crawl electronic medical records, read clinical notes, […]

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Ambient AI scribes are transforming healthcare at a speed the industry hasn’t seen since the EHR mandate. Kaiser Permanente reports that AI scribes saved its physicians the equivalent of 1,794 working days in a single year across 2.5 million patient encounters, with 84% of physicians reporting improved patient interactions. Spending on ambient scribe technology grew […]

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You’re under investigation. An audit letter lands. A whistleblower files a complaint. Before you pick up the phone to call your attorney, you do what millions of people now do instinctively: you open ChatGPT, or Claude, or Gemini, and start typing. “What are the penalties for an Anti-Kickback violation?” “Can they subpoena my pharmacy records?” […]

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On February 13, 2026, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a new civil enforcement program for the confidentiality of substance use disorder (“SUD”) patient records under 42 CFR Part 2 (“Part 2”). The program’s start date is February 16, 2026—and OCR is now accepting (i) complaints […]

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On August 26, 2025, U.S. Dept. of Health and Human Services (“HHS”) Secretary Robert F. Kennedy, Jr. announced a significant shift in enforcement authority for the confidentiality of substance use disorder (“SUD”) patient records regulations under 42 CFR Part 2 (“Part 2”). The delegation empowers the Office for Civil Rights (the “OCR”) to administer and […]

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The HLP congratulates Jessica L. Gustafson, Esq. on her election to Secretary of the American Bar Association (ABA) Health Law Section.  Jessica also currently serves as the Co-Chair of the 2025 ABA Healthcare Delivery & Innovation Conference and as a Vice-Chair of The Health Lawyer.  Previously, Jessica served in several leadership roles for the Health Law […]

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On April 20, 2024, New York State approved several updates to its consumer protection laws, including enactment of Public Health Law § 18-C. Section 18-C provides new requirements for patient consent for treatment and payment of medical services. The updates (discussed further below) went into effect on October 20, 2024. However, due to the volume […]

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On November 20, 2024, the Office of Inspector General (OIG) released its updated Industry-Specific Compliance Program Guidance (ICPG) for nursing facilities, marking an important step in its broader compliance initiative. This guidance builds upon and updates the 2000 Compliance Program Guidance (CPG) and the 2008 Supplemental Compliance Program Guidance (Supplemental CPG) for Nursing Facilities, carrying […]

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In a recent landmark decision, the United States District Court for the Northern District of Texas issued an opinion and order with significant implications for healthcare providers and their use of online technologies. The case, filed by the American Hospital Association, Texas Hospital Association, Texas Health Resources, and United Regional Health Care System, challenged a […]

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As healthcare regulatory attorneys, we’ve seen firsthand the confusion and challenges that arise when health-related entities fall outside the purview of the Health Insurance Portability and Accountability Act (HIPAA). One crucial, newly released, regulation that often gets overlooked is the Federal Trade Commission’s (FTC) Health Breach Notification Rule (HBN Rule). This rule is particularly relevant […]

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