Physician Law Blog

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Recent Blog Posts

  • Time for New Jersey Medical Practices to Update Certain Patient Disclosures and Comply with the Surprise Medical Billing Law The New Jersey Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the “Law”), New Jersey’s “surprise” medical billing law, went into effect on August 30, 2018.  Among other things, it requires licensed health care professionals in New Jersey (including, but not limited to, physicians, physician assistants and nurse practitioners) that bill health benefits plans issued or delivered in New Jersey (“NJ Health Plans”) to make certain patient disclosures regarding participation in such plans.  Additional patient disclosures are required for... More
  • New Anti-Kickback Law Targets Opioid Crisis On October 24, 2018, Congress enacted a new anti-kickback law that applies to many commercial health insurance plans, as well as Medicare and Medicaid.  The law, known as the “Eliminating Kickbacks in Recovery Act of 2018” (the “Law”), was passed as part of the SUPPORT for Patients and Communities Act, which generally targets the national opioid crisis. The Law makes it a criminal offense to do any of the following: Solicit or receive any remuneration (including any kickback, bribe or rebate), directly... More
  • New Jersey Law Mandates New Patient Disclosures Regarding Insurance The New Jersey Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act takes effect today, August 30, 2018, and requires all licensed health care professionals in New Jersey (including physicians, nurse practitioners and physician assistants, among others) who bill health benefits plans issued or delivered in New Jersey to provide certain disclosures to patients enrolled in such Plans. The Act also contains additional obligations for physicians, including with respect to billing certain out-of-network services.  For more information regarding the Act’s impact on... More
  • Proposed Changes to the Medicare Physician Fee Schedule and Quality Payment Program in 2019 CMS recently issued its proposed changes to the 2019 Medicare Physician Fee Schedule, which include a controversial change to the reimbursement rates for Level 2-5 evaluation and management (E/M) services and some notable changes to the Quality Payment Program.  This post highlights some key aspects of the Proposed Rule that will affect medical practices. CMS views the Rule as one of “several proposed rules that reflect a broader Administration-wide strategy to create a healthcare system that results in better accessibility, quality,... More
  • New VA MISSION Act Designed to Increase Veteran Access to Private Doctors This is the second installment in a new series on the Physician Law Blog entitled “Small Doses” designed to provide you with quick updates on meaningful issues.  We will continue to provide you with detailed updates on significant topics which we think are worth your time to read.  The purpose of “Small Doses” is to give you just enough information regarding a topic to have a general understanding of its import in a quick, easy read.   In response to the publicity... More
  • Small Doses: CMS Updates Reportable List of Adverse Actions This is the first installment in a new series on the Physician Law Blog entitled “Small Doses” designed to provide you with quick updates on meaningful issues.  We will continue to provide you with detailed updates on significant topics which we think are worth your time to read.  The purpose of “Small Doses” is to give you just enough information regarding a topic to have a general understanding of its import in a quick, easy read.   CMS recently updated its list... More
  • New “Medical Device Safety Action Plan” Intended to Modernize FDA’s Approach to Device Safety In April, the FDA released its “Medical Device Safety Action Plan,” a short to mid-term vision for increasing the safety of medical devices.  In it, the FDA acknowledges that enhancements and changes in its approach to device safety are necessary to ensure that it is “vigilant” in keeping up with the developments in the complexity and number of medical devices. Key to the FDA’s new approach is focusing on the “Total Product Life Cycle (TPLC)” of each type of medical device,... More
  • CMS Announces New Initiatives for Innovating Patient Care Last month, CMS Administrator Seema Verma announced several initiatives to innovate the delivery of patient care at the ground level.  In collaboration with the Trump Administration and other federal agencies, CMS is taking steps to implement a system in which patients have control of their electronic health information and can easily transfer it between health care providers.  This system, referred to as “MyHealthEData,” is also intended to allow both physician and patient to access the clinical and payment data required... More
  • Effect of the Sessions Memorandum on State Medical Marijuana Programs Earlier this month, Attorney General Jeff Sessions issued a Memorandum rescinding the Obama Administration’s “hands off” policy with respect to the prosecution of licensed cannabis distribution in states where medical or recreational marijuana are legalized.  Our sister blog, “In the Weeds” has covered the issuance of this new Memorandum extensively, including how it may affect state medical marijuana programs around the country. Copyright: megaflopp / 123RF Stock Photo So far, U.S. Attorneys in many of the states that have legalized medical marijuana... More
  • HIPAA Updates – Mistakes to Avoid in 2018 and Guidance on Disclosing PHI related to Substance Abuse and Mental Illness Fox Rothschild’s HIPAA & Heath Information Technology Blog recently published two posts directly relevant to physicians and medical practices.  The first post, 5 Common HIPAA Mistakes to Avoid in 2018, addresses some typical misconceptions regarding disclosure of protected health information (PHI) and offers some ideas regarding how to avoid them. The second post, New HIPAA Guidance on Disclosure of PHI related to Opioid Abuse and Mental Health, touches on the most recent HIPAA guidance released by the U.S. Department of Health and Human Services,... More