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|Final Rule on Section 1557 of the ACA Has Implications for Digital Health Industry|
Stephen E. (Steve) Gillette, Alexis S. Gilroy, Kevin D. Lyles, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
August 25, 2016, previously published on Augsut 2016On May 18, 2016, the Department of Health and Human Services ("HHS") issued a final rule implementing Section 1557 of the Patient Protection and Affordable Care Act ("ACA"), which prohibits discrimination on the grounds of race, color, national origin, sex, age, or disability in...
|Medicare to Refine and Expand its Value-Based Insurance Design Model|
Jordan T. Cohen; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 24, 2016, previously published on August 15, 2016On August 10, 2016, the Centers for Medicare and Medicaid Services (CMS) released a memorandum through its Center for Medicare and Medicaid Innovation announcing changes to the Medicare Advantage Value-Based Insurance Design (MA-VBID) model for 2018.
|Latest OCR HIPAA Settlement Provides Lessons for Covered Entities|
Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 24, 2016, previously published on August 11, 2016Capping off a busy month of HIPAA settlements, on August 4, the Office for Civil Rights (“OCR”) announced a $5.55 million settlement with Advocate Health Care Network (“Advocate”), the largest fully-integrated healthcare system in Illinois. The settlement is the largest...
|Medicare Home Health Payment Update: Florida and Other States are Required to Submit Their Home Health Claims for Pre-Claim Review|
Erin Smith Aebel, Rachel B. Goodman; Shumaker, Loop & Kendrick, LLP;
August 24, 2016, previously published on August 11, 2016The Centers for Medicare and Medicaid Services ("CMS") is implementing a new pre-claim review process for home health claims in five (5) states, including Florida. Other affected states are Illinois, Texas, Michigan, and Massachusetts. CMS’ stated goal is to make sure home health...
|The Government Enters into Largest HIPAA Settlement to Date; What HIPAA Covered Entities and Business Associates Need to Know|
Kelly A. Leahy; Shumaker, Loop & Kendrick, LLP;
August 18, 2016, previously published on August 9, 2016Advocate Health Care Network, which operates 12 hospitals and more than 200 other treatment centers in Chicago and central Illinois, has agreed to the largest settlement to date with the Office for Civil Rights (“OCR”) for multiple potential violations of the Health Insurance...
|Site Neutral Medicare Payments for Off-Campus Hospital Clinics|
Joel M. Hamme, Barbara Straub Williams; Powers Pyles Sutter & Verville, PC;
August 17, 2016, previously published on July 11, 2016This memorandum is an update on implementation of Section 603 of the Bipartisan Budget Act of 2015 (BBA 2015)1, which provides for “site neutral” Medicare reimbursement for certain off-campus outpatient clinics. On July 6, 2016, the Centers for Medicare and Medicaid Services (CMS)...
|Advocate Health Care Settles Potential HIPAA Penalties for $5.55 Million|
Bose McKinney Evans LLP;
August 16, 2016, previously published on August 5, 2016The following information was released by the HHS Office for Civil Rights in Action on August 4, 2016.
|Are Consulting Physicians Required to Intervene?|
Paula J. Lozano; Cole Scott Kissane P.A.;
August 16, 2016, previously published on July 14, 2016In Florida medical malpractice lawsuits, plaintiffs’ attorneys often sue not only the providers involved in the direct care of the patient, but also providers who were remotely in contact with the patient’s care. Plaintiffs’ attorneys often take the position that if an insurance...
|Another Jury Acquits in One of the First Few Prosecutions of Health Care Executives Following DOJ’s Yates Memo|
Laurence J. Freedman, Bethany Hills, Samantha P. Kingsbury; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 27, 2016Last month, we reported on a Massachusetts federal court jury’s decision to acquit the former CEO of Warner Chilcott in one of the first prosecutions of a health care executive following the Department of Justice’s (“DOJ”) Yates Memo. Last week, another Massachusetts federal...
|USPTO Fast-Tracks Cancer Immunotherapy Patent Applications|
Terri Meiee Shieh-Newton; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 8, 2016Effective June 29, 2016, the United States Patent and Trademark Office (USPTO) implemented a pilot program to provide for earlier review of patent applications pertaining to cancer immunotherapy. The Cancer Immunotherapy Pilot Program was established in support of the White House national $1...