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|Preparing for the Conversion to ICD-10|
Alexis Finkelberg Bortniker; Foley & Lardner LLP;
April 16, 2014, previously published on April 14, 2014With the ICD-10 implementation date delayed once again until October 1, 2015, providers who were previously unprepared for the transition or had only begun their transition planning have an extra year to address the upcoming changes in an attempt to minimize any potential disruption to their...
|OIG Advisory Opinion Regarding Payment of EHR Transmission Fees by Laboratories|
McDonald Hopkins LLC;
April 16, 2014, previously published on April 10, 2014In an opinion likely to be lauded by many laboratory and pathology providers, the Office of the Inspector General (OIG) issued OIG Advisory Opinion 14-03 on April 8, 2014. This advisory opinion addresses a laboratory’s arrangement with an electronic health records services vendor under which...
|OIG Issues Rare Notice of Termination on Prior Advisory Opinion|
Wakaba Y. Tessier; Husch Blackwell LLP;
April 16, 2014, previously published on April 9, 2014In an unprecedented move, on April 8, 2014, the Office of the Inspector General (“OIG”) posted a notice of termination of one of its previously issued advisory opinions. Specifically, the OIG issued a Final Notice of Termination of Advisory Opinion No. 11-18 (“Notice of...
|CMS Releases Medicare Part B Supplier Billing and Payment Data|
Michael P. Matthews, Lawrence W. Vernaglia; Foley & Lardner LLP;
April 16, 2014, previously published on April 14, 2014On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding Medicare suppliers including some 880,000 physicians for 2012. These data are presented in an Excel format that makes searching and...
|HIPAA Covered Entities and Business Associates Face Plethora of Cyber Security Enforcers|
McDonald Hopkins LLC;
April 16, 2014, previously published on April 10, 2014HIPAA covered entities (healthcare providers, health plans and healthcare clearinghouses) and business associates (various contractors or vendors who perform services or functions for covered entities and have access to patient information) face an expanding universe of potential enforcers ready to...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 37: Stalking the Elusive “Variable Hour Employee”|
Alden J. Bianchi, Ed Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 16, 2014, previously published on April 14, 2014For “applicable large employers” (i.e., generally, those employers who employed an average of at least 50 full-time employees on business days during the preceding calendar year), determining which employees are “full-time” employees is central to their efforts to comply...
|HHS Releases New Software for Updating (but not replacing) HIPAA Security Risk Assessment Toolkits|
Eric A. Klein, Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
April 16, 2014, previously published on April 14, 2014Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA).
|Targeting Nursing Home Owners: New York State Seeks to Hold Owners Personally Responsible for Deficiencies|
Harter Secrest Emery LLP;
April 16, 2014, previously published on April 8, 2014In a press release earlier this year, the New York Attorney General announced a fraud and False Claims Act suit against the individual owners of a 320-bed, for-profit nursing home. The state’s liability theory relies on the contrast between the financial success of the owners and the serious...
|Finally...FDASIA Health IT Regulation Report Released|
Benjamin M. Daniels, Melesa A. Freerks; Foley & Lardner LLP;
April 16, 2014, previously published on April 15, 2014The U.S. Food and Drug Administration (FDA), along with HHS’ Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC, together with FDA and ONC, the “Agencies”) published their long-awaited report, FDASIA Health IT...
|Landmark Decision Confirms FTC Authority to Regulate Privacy and Data Security|
Richard J. Johnson, Mark Mansour, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
April 15, 2014, previously published on April 2014In FTC v. Wyndham Worldwide Corp., No 13-1887, 2014 U.S. Dist. LEXIS 47622 (D.N.J. Apr. 7, 2014)—a case closely watched by privacy and data security professionals across the United States—a federal district court held that the Federal Trade Commission ("FTC") has authority...