Physician Law Blog

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Recent Blog Posts

  • PA Department of Health Revised Order Permits Dental Practices to Open For Urgent Procedures On March 26, 2020, the DOH revised its Order on dental emergency procedures in Pennsylvania to make it consistent with the CDC’s recommendations for such procedures.  Link to revised Order can be found here:  PA DOH Dental Guidance.  Previously, the Order effectively forced most dental practices and facilities to close, as it was too restrictive.  Now, the DOH is directing all facilities to cease all dental treatment, except for urgent and emergency procedures that the facility can perform in accordance... More
  • COVID-19/Coronavirus Patient Notice and Acknowledgement Forms Over the last several weeks, the CDC has issued and updated specific guidance on the COVID-19/Coronavirus pandemic for health care professionals on its website (accessible here: CDC Coronavirus – Health Care Professionals) and has advised health care facilities and clinicians (including physicians and dentists) to “prioritize urgent and emergency visits and procedures now and for the coming several weeks.” (See:  CDC Guidance for Health Care Clinics). For further details, please see our post: Coronavirus Resources for Physicians and Dentists. In connection with the CDC’s... More
  • Medicare and OCR Relax Telehealth Rules Under Medicare and HIPAA Fellow Fox Rothschild LLP attorneys Margaret J. Davino, Salvatore J. Russo and Nawa A. Lodin generously contributed this post. On March 17, 2020, the Centers for Medicare & Medicaid Services (CMS) broadened access to Medicare telehealth services to allow Medicare patients to receive more services from their doctors without travel to a health care facility.  This benefit is available on a temporary and emergency basis under the 1135 waiver authority and Coronavirus Preparedness and Response Supplemental Appropriations Act, to provide telemedicine... More
  • PA Secretary of Health Clarifies Permitted Medical and Dental Procedures ***UPDATE:  Effective as of March 21, 2020, the PA DOH has issued guidance on what medical procedures are permitted in ASFs.  The DOH also updated its order regarding dental procedures.  This post has been revised to reflect this guidance. PA Ambulatory Surgical Facilities As the COVID-19 outbreak has developed, the DOH has modified its guidance on what procedures may be performed by licensed ambulatory surgical facilities.  The DOH guidance from March 20, 2020 can be found here: PA DOH ASF Guidance on Procedures ASFs... More
  • Additional Coronavirus Guidance for Dentists **For General Guidance on COVID-19 for Dental Practices, please see our post Coronavirus Resources for Physicians and Dentists. Dentists should also be aware of the following guidance: State Governors have issued directions to all industries regarding the outbreak.  Know what your Governor has said about dental practices (or health care practices in general). The CDC has now advised healthcare facilities and clinicians (including dentists) to “prioritize urgent and emergency visits and procedures now and for the coming several weeks.”  Specifically, the CDC has... More
  • Coronavirus Resources for Physicians and Dentists With the recent outbreak of the Coronavirus (COVID-19) and the significant governmental actions being taken at federal, state and local levels, physicians and dentists around the country are seeking guidance on how to continue to treat patients while ensuring that the health of their employees and patients is protected. Whether your practice is open or temporarily closed, you may be wondering how you should handle patients who show potential symptoms of COVID-19 or have recently traveled abroad.  You may also be... More
  • Pennsylvania’s Electronic Prescription Requirement for Controlled Substances Beginning on October 24, 2019, every licensed health care practitioner in Pennsylvania (excluding veterinarians) will be required to electronically prescribe controlled substances (regardless of the dosage) by sending the prescription directly to a pharmacy via the Internet.  Faxes will not qualify as an electronic transmission under the Law. The primary goals of Act 96 of 2018, passed by the Pennsylvania General Assembly on October 24, 2018 (the “Law”), are to fight the opioid epidemic by using electronic prescriptions to minimize medication... More
  • Small Doses: Personal Data in NJ Now Includes Online Account Credentials Any practice (whether medical, dental or orthodontic) that provides patients with the opportunity to log-on to the practice’s website for scheduling, bill payment or other information should note that, as of July 1, 2019, the patient’s login credentials (i.e., username/email address in combination with a password or answer to a security question) will be considered “personal data” under New Jersey law.   The new amendment to the definition of “personal data” can be accessed here:  Amendment to NJ Personal Data Law As with... More
  • 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