On March 23, 2020, New York Governor, Andrew Cuomo, issued Executive Order (EO) 202.10. In response to the New York State disaster emergency, declared on March 7, 2020, and the continued spread of the 2019 novel coronavirus (COVID-19), EO 202.10 suspended or modified certain state statutes, rules and regulations to…
In light of recent events and in order to maintain compliance with Michigan’s “Stay Home, Stay Safe” Executive Order (EO 2020-21) and New York’s “New York State on PAUSE” Executive Order (EO 202.6), The Health Law Partners, P.C. (“HLP”), has introduced a work-from-home policy for all attorneys and employees. Staff…
On March 17, 2020, the Office for Civil Rights (“OCR”) issued a notification regarding enforcement discretion for telehealth remote communications that may not fully comply with applicable HIPAA Rules (the “Notification”). The Notification provides that OCR will not impose penalties on covered health care providers for noncompliance with regulatory requirements…
Amid the 2019 Coronavirus (COVID-19) pandemic, CMS announced that all elective surgeries, non-essential medical, surgical, and dental procedures should be delayed. It is critical that healthcare providers consider delaying non-essential procedures so they can preserve Personal Protective Equipment (PPE), beds, and ventilators as COVID-19 cases continue to increase rapidly. This…
Michigan Governor, Gretchen Whitmer has issued Executive Order (“EO”) No. 2020-13, in effect until April 14, 2020 at 11:59 p.m. The EO permits the Department of Health and Human Services (“DHHS”) to issue an emergency Certificate of Need (“CON”) to an applicant and defer strict compliance with the procedural requirements…
On March 17, 2020, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a policy statement in response to the 2019 novel coronavirus (COVID-19) outbreak and the HHS Secretary’s determination that a public health emergency has existed nationwide since January 27, 2020 (the “Policy Statement”).…
Small health care data breaches – those affecting fewer than 500 patients – that occurred in the 2019 calendar year must be reported to the Department of Health and Human Services’ Office for Civil Rights (OCR) by February 29, 2020. The HIPAA Breach Notification Rule requires HIPAA-covered entities to report…
Senate Bill 340, which would allow ‘remote pharmacies’ that are not staffed by an on-site pharmacist, cleared Michigan Legislature Wednesday, January, 8, 2020 on a 32-5 Senate vote. The bill is now waiting for Governor Gretchen Whitmer’s signature in order to be passed as law. SB 340 would allow the…
Due to the high volume of tips and complaints the Department of Health and Human Services (HHS) Office of Inspector General (OIG) receives – approximately 115,000 each year – the need for an efficient means of capturing these complaints was vital for OIG. Released to the public November 14, 2019,…
New York Governor Andrew Cuomo signed legislation on October 17, 2019 further reinforcing New York’s Surprise Medical Bill Law, originally enacted in 2014. That bill, the first of its kind in the nation, is intended to comprehensively protect New York consumers from surprise medical bills for services rendered by out-of-network…