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|Why California Proposition 46 Will Save Patient Lives and Cut Health Care Costs|
Robert J. Nelson; Lieff, Cabraser, Heimann & Bernstein, LLP;
October 8, 2014, previously published on September 25, 2014The number of persons killed by preventable medical errors each year in the U.S. is shockingly high. Fifteen years ago, the Institute of Medicine released a report on patient safety called To Err Is Human: Building a Safer Health System. The report estimated that 98,000 patients died each year as a...
|OCR Issues Guidance on HIPAA Privacy Rule Rights of Spouses in Same-Sex Marriage|
Rick L. Hindmand, Bridget Cougevan Howard, John T. Mulligan, Jane Pine Wood; McDonald Hopkins LLC;
October 7, 2014, previously published on October 6, 2014The Department of Health and Human Services Office for Civil Rights (OCR) issued written guidance on Sept. 17, 2014, which stated that covered entities (e.g., health care providers and health plans) and their business associates have the same obligations under the Health Insurance Portability and...
|ACA Update: The Look-Back Measurement Method for Large Employers|
Janis L. Adams, Kate E. Flewelling; Smith Haughey Rice & Roegge, P.C.;
October 7, 2014, previously published on September 26, 2014Determining ACA employer mandate compliance is a two-step process: first, determine if you are a covered “large employer,” then, if you are, determine who you must offer insurance to in order to avoid paying any penalties. This is because large employers are not required to offer all...
|The Affordable Care Act: Focus on Adjunct Faculty|
Patricia A. Moran; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 6, 2014, previously published on October 1, 2014The concepts of “hours of service” and “full time” loom large in the Affordable Care Act’s “employer shared responsibility” mandate (also known as the “employer mandate” or “pay or play mandate” and which we discussed in various...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 13: IRS Notice 2014-49 Offers Useful Guidance on Changes in Measurement Periods or Changes in Testing Methods|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 6, 2014, previously published on September 29, 2014For purposes of complying with the Affordable Care Act’s employer shared responsibility rules (which are codified in Internal Revenue Code § 4980H), employers must identify their “full-time employees.” Final regulations issued under Code § 4980H provide two principle...
|A Brave New World of Transparency Reporting: CMS Launches Open Payments Website|
Thomas S. Crane, Kimberly J. Gold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 2, 2014, previously published on September 30, 2014September 30th marked the launch of transparency reports under the Sunshine Act through a new Open Payments website hosted by the Centers for Medicare & Medicaid Services (CMS).
|“Access Denied” - Understand How Your Electronic Health Records Are Controlled|
Rachel Irving Pitts; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 2, 2014, previously published on September 25, 2014Earlier this week, my colleague Dianne Bourque commented on a small medical practice’s inability to access its patients’ medical records one July day after its EHR vendor blocked the practice from pulling the data stored in the EHR. In the Boston Globe article, the EHR vendor compared...
|California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information|
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 2, 2014, previously published on September 22, 2014In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...
|NYS Department of Health Developing Regulations Governing Use of Medical Marijuana for Official Launch in January 2016|
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 2, 2014, previously published on September 24, 2014As one of its final acts of the 2014 legislative session, the New York State Legislature passed the “Compassionate Care Act” making New York the twenty-third state to permit the use of medical marijuana. This new law will allow doctors to prescribe marijuana in a nonsmokeable form to...
|Notes from the Joint OCR/NIST HIPAA Security Conference|
Dianne J. Bourque, Kimberly J. Gold, Kate F. Stewart, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 2, 2014, previously published on October 1, 2014As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) andNational Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance through HIPAA Security” into three phrases: (i) risk...