The Department of Health and Human Services (“HHS”) today announced a notice of proposed rulemaking regarding HIPAA Privacy and Security. The proposed rule is issued in connection with the amendments and expansion to HIPAA made as part of the Health Information Technology and Economic Clinical Health Act (the “HITECH Act”),…
In a news conference today, organizers of the Michigan Health care reform opt-out announced their petition drive fell short of collecting enough signatures to put the issue before the voters. Wendy Day, one of the organizers for Michigan Citizens for Healthcare Freedom estimated the group’s signature collectors gathered between 145,000-170,000…
The Federal Trade Commission recently issued a press release delaying the compliance deadline of the red flag rules until December 31, 2010. Then, on June 25, 2010, the FTC and several medical groups stipulated that the FTC will not enforce its red flag rules against physicians who are members of…
Last year, Governor Arnold Schwarzenegger requested exemption from the federal supervision requirement of nurse anesthetists. After unsuccessfully seeking a rescission of the opt-out, on June 3, 2010, the California Society of Anesthesiologists (CSA) and California Medical Association (CMA) filed a lawsuit against the governor. Medicare required a physician to supervise…
CMS has released their proposed disclosure requirements for In-Office Ancillary Services (IOAS) Exception. Section 1877 of the Act or the physician self-referral law (Stark) prohibits a physician from making referrals for certain “designated health services” (DHS) payable by Medicare to an entity with which he or she has a financial…
CMS has released the proposed physician fee schedule and other Medicare Part B payment policies to ensure their payment systems reflect the changes in medical practice and relative value services. This update also addresses certain provisions of both the Affordable Care Act and Medicare Improvements for Patients and Providers Act…
The U.S. Food and Drug Administration (the “FDA”) has announced in a press release that the agency and other regulatory representatives will participate in a one day workshop entitled “Indentifying Unmet Public Health Needs and Facilitating Innovation in Medical Device Development.” Dr. Jeffrey E. Shuren, director of the Food and…
According to a press release of the Department of Justice dated June 14, 2010, a Texas management physician, Dr Anthony Francis Valdez, was arrested and stands charged with carrying out an estimated $41 million fraudulent health care benefit program billing scheme. Valdez is the owner of the Institute of Pain…
On June 7, 2010, the U.S. District Court for the Western District of Oklahoma held that a Department of Health and Human Services (HHS) regulation, 42 C.F.R. § 418.309(b), implementing a statutory cap on Medicare payments for hospice care was invalid and must be set aside (Compassionate Care Hospice v.…
Detroit and Wayne County leaders are attempting to convince federal authorities to provide $20 million over the next five years to build at least 10 more community health centers. Although Detroit and Wayne County rank among of the nation’s highest poverty and unemployment rates, the area has only 24 federally…