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|New Anti-Kickback Safe Harbor Protects Pharmacy Waivers of Patient Cost-Sharing|
Rick L. Hindmand; McDonald Hopkins LLC;
January 19, 2017, previously published on December 21, 2016A new anti-kickback safe harbor that takes effect January 6, 2017, will allow pharmacies to waive or reduce copayment, coinsurance, and deductible (cost-sharing) obligations of financially needy Medicare and Medicaid beneficiaries without triggering potential exposure under the federal...
|Health System Pays $475K in First HIPAA Settlement for Failure to Provide Timely Breach Notification|
Rick L. Hindmand; McDonald Hopkins LLC;
January 19, 2017, previously published on January 10, 2017The Department of Health and Human Services Office for Civil Rights (OCR) today announced its first HIPAA settlement for failure to provide timely breach notification. The settlement was with Presence Health Network (“Presence”), a Chicago area health system, and was based on notifying...
|UMass HIPAA Settlement Highlights Importance of Proper Designation When Electing Hybrid Status|
Emily A. Johnson; McDonald Hopkins LLC;
January 19, 2017, previously published on December 13, 2016The University of Massachusetts Amherst (UMass) entered into a settlement agreement last month with the Department of Health and Human Services Office for Civil Rights (OCR) to pay a civil monetary penalty of $650,000 for potential violations of the Health Insurance Portability and Accountability...
|Repealing Obamacare Will Have Consequences for Medicare|
Chambliss Bahner Stophel P.C.;
January 18, 2017, previously published on January 26, 2017One of President-elect’s Donald Trump's campaign promises was to repeal the Affordable Care Act (ACA), aka Obamacare, and Republicans in Congress have vowed to make repeal one of their first acts in the new term. While repealing Obamacare will have implications for millions of younger people...
|Investor Concerns In Light Of New CMS Long-Term Care Rule|
Kyle T. Molidor, Michael A. Witt; Duane Morris LLP;
January 17, 2017, previously published on December 8, 2016Medicare and Medicaid requirements for participation of long-term care facilities (LTCs) were first published in 1989 and have not been comprehensively reviewed and updated since 1991. Over the past quarter century, significant changes in LTC care and assessment practices have emerged. These...
|Pennsylvania Announces Medical Marijuana Program Application Release Date and Timeline for Submission of Applications|
Kenneth C. Foltz; Leech Tishman;
January 12, 2017, previously published on December 21, 2016Pennsylvania Secretary of Health Dr. Karen Murphy announced today that applications for medical marijuana grower/processors and dispensaries will be available January 17, 2017.
|Proposed Changes to the Regulated Health Professions Act Furthering Patient Protection and Accountability|
Patrick Hawkins, Henry Ngan; Borden Ladner Gervais LLP;
January 6, 2017, previously published on December 15, 2016On December 8, 2016, Bill 87: Protecting Patients Act, 2016 was tabled for first reading at Queens Park. Bill 87 proposes numerous amendments to the Regulated Health Professions Act, 1991 (RHPA) in particular, to the Health Professions Procedural Code (Schedule 2 to the RHPA). These amendments aim...
|France Unveils its Information System Security Plan in the Health Care Sector|
Olivier Haas, Daniel J. (Dan) McLoon, Hatziri Minaudier, Mauricio F. Paez, Cristiana Spontoni; Jones Day;
January 6, 2017, previously published on December 2016On October 14, 2016, France's Ministry of Social Affairs and Health issued an instruction notice (document in French) providing for the implementation of the "information systems security plan" for the health care sector. The plan is intended to ensure a harmonized minimum baseline level...
|Federal Judge Blocks Rule That Would Ban Arbitration in Nursing Home Disputes|
Amee Lakhani; Heyl, Royster, Voelker & Allen Professional Corporation;
January 6, 2017, previously published on Fourth Quarter 2016A federal district court recently issued a preliminary injunction barring enforcement of a rule prohibiting the use of pre-dispute arbitration agreements with patients in long-term care facilities that participate in Medicare and Medicaid programs.
|In the Wake of the Election, What’s Next for State Drug Pricing Initiatives?|
Carrie A. Roll; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 6, 2017, previously published on December 8, 2016A Trump victory was not the only surprise on election night. California’s drug pricing initiative, which would have required state agencies to negotiate drug prices at least as low as those paid by the U.S. Department of Veterans Affairs, was defeated by a wide margin (46% to 54%). This...