On May 7, 2010, the Office of Civil Rights (OCR) issued guidance on the risk analysis requirement of the HIPAA Security Rule. Many providers have not paid close attention to the actual requirements of the HIPAA Security Rule. In addition to covered entity providers that must comply with the security regulations, business associates that have […]
On April 29, 2010, the U.S. Sentencing Commission issued new amendments to the standards for, and criteria included in, an “Effective Compliance and Ethics Program” in the Federal Sentencing Guidelines. These amendments have important implications for all corporate health care providers. For more information on corporate governance and effective compliance programs, please contact Abby Pendleton, […]
Despite efforts by the federal government to boost the ranks of primary-care physicians, an overwhelming number of physicians are choosing specialties other than internal medicine, and research has shown that internists leave the field mid-career at a much higher rate than other specialties. As a result, the shortage of primary-care physicians may be larger than […]
The HIPAA Privacy rule currently provides the right of an individual to receive an “accounting of disclosures,” essentially a listing, of occurrences where a HIPAA covered entity has disclosed the individual’s information to others–but this rule has not considered disclosures made for treatment, payment, and health care operations information that must be included in the […]
Effective May 1, 2010, physicians, IDTFs and other Part B Suppliers furnishing Non-invasive Vascular Testing in Michigan must comply with new training and certification requirements. In part, the policy, as set forth in a new LCD, states: A. Training and Certification 1. The accuracy of non-invasive vascular diagnostic studies depends on the knowledge, skill, and […]
The recently passed health care reform bill–known more technically as the Patient Protection and Affordable Care Act–contains a provision bound to increase enforcement regimes for health care providers. For instance, at Section 6401(a)(7), the Act creates mandatory compliance programs for providers enrolled in Medicare and Medicaid. The Secretary of Health and Human Services is tasked […]
A recent New York bill, S04998, clarifies the scope of practice for physician assistants. Specifically, it authorizes physician assistants to perform medical services that the physician is otherwise authorized to perform, if the physician is supervising the physician assistant, and if the physician assistant has the necessary training to perform those tasks. These medical services […]
The tax provisions of the Patient Protection and Affordable Care Act (the “Act”) will impact most taxpayers. To simplify matters, it is helpful to separate the changes that will take place in 2010 and 2011 from future changes. Changes in 2010 and 2011: – Starting in 2010, small businesses will receive tax credits for purchasing […]
Effective May 1, 2010, the Dr. Ron Davis Smoke-Free Air Law prohibits smoking in public places, food establishments, and workplaces. The prohibition applies to all health facilities, hospital long-term care units, nursing homes, hospices, and homes for the aged. Business operators must post “no smoking” signs, remove ash trays and other smoking paraphernalia, inform individuals […]
Huping Zhou, a former UCLA Healthcare System cardiothoracic surgeon is the first defendant in the nation to receive a prison sentence for a HIPAA privacy violation. After admitting that he illegally read private electronic medical records of patients and obtained individually identifiable health information without a valid reason, Zhou was sentenced to four months in […]
Health Law Attorney Blog