Blogs

HIPAA & Health Information Technology Blog

William Maruca, Michael Kline and Elizabeth Litten maintain a blog that provides information regarding current legal and practical issues that health care providers and business must consider with regard to the exchange of health information, including the use of electronic health records (EHR). The HIPAA Privacy Rule and Security Rule requirements are among the legal standards with which there must be compliance when utilizing EHR, as well as sharing and exchanging health information in general. This blog also considers possible solutions to maneuver the legal and other barriers to establishing an EHR system and infrastructures for the beneficial exchange of health information.

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Physician Law Blog

Todd A. Rodriguez and Edward J. Cyran maintain a blog that can be used as a resource for current legal issues and news affecting physicians and other non-institutional health care providers. Their blog provides updates on new legislation and legal issues relating to practice management, billing and coding, ancillary services, malpractice insurance, fraud and abuse developments and other important legal issues affecting physicians in their personal and professional lives.

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Recent Blog Posts

  • CMS Predicts that Physicians participating in Advanced APMs in 2017 will receive a 5% Incentive Payment in 2019 Under CMS’s new Quality Payment Program, which will adjust Medicare Part B payments starting in 2019 based on data from this year, physicians and other eligible clinicians must qualify for one of two payment “tracks”, either the Merit-Based Incentive System (MIPS) or the Advanced Alternative Payment Model (Advanced APM) track.   A physician who qualifies under the MIPS in 2017 can earn up to a 4% payment adjustment to Medicare Part B payments in 2019.  Physicians who qualify under the Advanced APM track... More
  • More Small Physician Practices May Become Exempt from MACRA On June 20, 2017, The Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule which would exempt a greater number of small practices from complying with the  Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). CMS’s Administrator, Seema Verma has been quoted as saying that CMS has “heard the concerns that too many quality programs, technology requirements and measures get between the doctor and the patient. . . That’s why we’re taking a hard look at reducing burdens.... More
  • CMS Suggests Five Ways for Healthcare Providers to Prepare for New Medicare Cards The Medicare Access and CHIP Reauthorization Act of 2015 requires Centers for Medicare and Medicaid Services (“CMS”) to remove Social Security Numbers (“SSNs”) from all Medicare cards. Physicians currently use a SSN-based Health Insurance Claim Number (“HICN”) for Medicare transactions like billing, eligibility status, and claim status. Starting April 1, 2018, CMS will begin mailing new cards with a randomly assigned Medicare Beneficiary Identifier (“MBI”) to replace the existing HICN. All Medicare cards will be replaced by April 1, 2019,... More
  • Pennsylvania Department of Health Issues Final Physician Regulations for Medical Marijuana As previously reported on our Physician Law Blog (see our post here), the Pennsylvania Department of Health issued draft “temporary” regulations regarding physician registration and certification of medical marijuana on April 11, 2017.   Following a brief comment period, the Department finalized its “temporary” regulations in the June 3, 2017 issue of the PA Bulletin.  A copy of the final regulations can be viewed here. The regulations are labeled “temporary” because they were adopted to implement PA’s new Medical Marijuana Program.  As... More
  • Washington State Passes Law Restricting Commercial Collection, Storage and Use of Biometric Data On July 23, 2017, Washington State will become the third state (after Illinois and Texas) to statutorily restrict the collection, storage and use of biometric data for commercial purposes. The law focuses on “biometric identifiers,” which it defines as “data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual.” Notably for our readers, the law excludes all photos,... More
  • New York man sentenced to 10 years in prison for involvement in $26 million “billing mill” Earlier this month, a New York man was sentenced to 10 years in prison for allegedly operating a $26 million scheme to defraud Medicare and Medicaid. The defendant allegedly established 6 medical clinics in Brooklyn that paid elderly people to pose as patients and billed Medicare and Medicaid for unnecessary and/or non-existent medical care and equipment. The defendant, who was not a doctor, operated the six clinics between 2007 and 2013, but because New York’s corporate practice of medicine doctrine... More
  • Keeping an Eye on Non-Compete Law USA Today, New York Times, BNA, and several other news outlets have been reporting over the last few weeks about non-competition agreements and non-compete laws especially related to low-wage workers.  There have been interesting changes and proposed changes to state laws that may affect several industries including healthcare. In a recent article on Law360, titled “Noncompete Agreements Under Siege At The State Level,” the authors highlighted some developments in non-compete law.  They posit that many areas of employment and labor law have... More
  • 6 Takeaways from Memorial Hermann HIPAA Settlement: Press Releases Lead to $2.4 Million Payout Post Contributed by Matthew J. Redding On April 26, 2017, Memorial Hermann Health System (“MHHS”) agreed to pay the U.S. Department of Health and Human Services (“HHS”) $2.4 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996(“HIPAA”) Privacy Rule. The underlying incident occurred in September of 2015, when a patient presented a falsified Texas driver’s license to MHHS’ staff upon appearing for the patient’s scheduled appointment. MHHS’ staff contacted law enforcement to verify the patient’s identification, and law... More
  • Your Business Associates Hold Your HIPAA Compliance Future in Their Hands: Eleven Things You Can Do Our partner Elizabeth Litten and I were recently featured again by our good friend Marla Durben Hirsch in her article in the April 2017 issue of Medical Practice Compliance Alert entitled “Business associates who farm out work create more risks for your patients’ PHI.” Full text can be found in the April, 2017 issue, but a synopsis is below. In her article Marla cautioned, “Fully one-third of the settlements inked in 2016 with OCR [the Office of Civil Rights of the... More
  • The Next Frontier in ADA Access Litigation – Online We invite you to read Part 1 and Part 2 in a series of posts by Fox partner Dori K. Stibolt, regarding the new trend in ADA Title III litigation involving web access for the visually impaired. Many of these cases have focused on travel, hospitality and financial services companies. However, there has been a micro trend of these web site accessibility cases naming dentists and physicians.... More
  • Pennsylvania Department of Health Issues New Physician Regulations for Medical Marijuana As first posted on our sister blog, “In The Weeds” (Fox Rothschild’s Cannabis Law Blog), the Pennsylvania Department of Health issued its long-awaited proposed temporary regulations regarding physicians on April 11, 2017.  A copy of the temporary regulations can be found here:  PA Temporary Physician Medical Marijuana Regulations The temporary regulations provide additional detail on the physician registration process, including the required four-hour training session regarding the legal use of medical marijuana and research on its effects, as well as the process... More
  • Regulatory changes allow patients greater access to medical marijuana in New York state   The New York State Department of Health recently announced two regulatory enhancements to improve patient access to medical marijuana. On March 22, 2017, chronic pain was added as a new qualifying condition for patients seeking medical marijuana in New York. “Chronic pain” is defined as “any severe debilitating pain that the practitioner determines degrades health and functional capability; where the patient has contraindications, has experienced intolerable side effects, or has experienced failure of one or more previously tried therapeutic options.” There... More
  • CMS Requests “National Conversation” About Improving Medicare As many people are discussing methods to improve healthcare, the Centers for Medicare & Medicaid Services (CMS) is giving stakeholders an opportunity to send in their thoughts on this topic.  In CMS’s April 14, 2017 proposed rule, CMS issued a “Request for Information” (“RFI”), where they described their desire to have a “national conversation” about improving the health care delivery system. CMS would like to know, amongst other ideas: (1) How CMS can help make its healthcare delivery system (Medicare) less bureaucratic and... More
  • Where’s Your Wallet? The Ongoing Saga of FTC v. LabMD (Part 2 of 2) It was the wallet comment in the response brief filed by the Federal Trade Commission (FTC) in the U.S. Court of Appeals for the 11th Circuit that prompted me to write this post. In its February 9, 2017 filing, the FTC argues that the likelihood of harm to individuals (patients who used LabMD’s laboratory testing services) whose information was exposed by LabMD roughly a decade ago is high because the “file was exposed to millions of users who easily could... More
  • Charges for Copies of Medical Records may Violate HIPAA, Despite Compliance with State Law A patient requests a copy of her medical record, and the hospital charges the per-page amount permitted under state law. Does this violate HIPAA? It may. In the spring of 2016, the Office of Civil Rights (OCR) within the U.S. Department of Health and Human Services, the agency that enforces HIPAA, issued a new guidance document on individuals’ right to access their health information under HIPAA (“Access Guidance”).   The Access Guidance reminds covered entities that state laws that provide individuals with... More