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Show: results per page Sort by:  | Life’s a Breach, Part II: Omnibus Rule Revises What Constitutes a Breach under the HIPAA/HITECH Breach Notification Requirements
Stacy C. Clark, John R. Hickman, Johann Lee; Alston & Bird LLP;
Legal Alert/Article May 9, 2013, previously published on May 8, 2013 HIPAA’s “Omnibus Rule” (also referred to in this advisory as the “Rule”), published on January 25, 2013, modified many parts of the HIPAA regulations, including those that require notification of breaches of unsecured protected health information (PHI) by covered...
| | CER Fees - Funding the Patient-Centered Outcomes Research Trust
John R. Hickman, Carolyn E. Smith, Daniel G. Taylor; Alston & Bird LLP;
Legal Alert/Article March 14, 2013, previously published on March 13, 2013 The Patient Protection and Affordable Care Act (the “Act”) includes provisions that promote research to evaluate and compare health outcomes and the clinical effectiveness, risks and benefits of medical treatments, services, procedures, drugs and other strategies or items that treat,...
| | IRS Issues Game-Changing Regulations Interpreting Health Care Reform’s Pay or Play Requirement
Ashley Gillihan, John R. Hickman, Bernard Taylor; Alston & Bird LLP;
Legal Alert/Article February 7, 2013, previously published on February 6, 2013 Beginning in 2014, “applicable large employers” become subject to new rules prescribed in Internal Revenue Code Section 4980H (“4980H Rules”), which were added by the Patient Protection and Affordable Care Act (ACA). These new 4980H Rules impose a confiscatory excise tax on...
| | Recent Proposed Regulations Modify Requirements for Employer Wellness Programs
Stacy Clark, John R. Hickman, Carolyn E. Smith; Alston & Bird LLP;
Legal Alert/Article February 4, 2013, previously published on February 1, 2013 On November 26, 2012, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) published proposed regulations (the “Proposed Wellness Rules”) modifying the 2006 HIPAA wellness program regulations in light of the changes made to the statutory...
| | The Supreme Court Decision on the Affordable Care Act - The Immediate Implications for Group Health Plans
John R. Hickman, Carolyn E. Smith, Paula M. Stannard; Alston & Bird LLP;
Legal Alert/Article June 19, 2012, previously published on June 18, 2012 During the week of March 26, 2012, the Supreme Court heard an unprecedented three days of oral argument on the question of the constitutionality of the Affordable Care Act (ACA). With the Court’s decision expected by the end of June, the possible implications for group health plans should be...
| | New Agency Guidance on Required Contraceptive Coverage Under Group Health Plans
Ashley Gillihan, John R. Hickman, Carolyn E. Smith; Alston & Bird LLP;
Legal Alert/Article May 3, 2012, previously published on May 2, 2012 On August 1, 2011, the Health Resources and Services Administration (HRSA), a part of the Department of Health and Human Services (HHS), issued Guidelines on Women’s Preventive Health (the “HRSA Guidelines”). Under Section 2713 of the Public Health Service Act (PHSA), as added by...
| | Health Care Reform Update: Final Regulations Impose Reinsurance “Contribution” on Fully Insured and Self-Insured Plans Starting in 2014
John R. Hickman, Carolyn E. Smith; Alston & Bird LLP;
Legal Alert/Article March 29, 2012, previously published on March 28, 2012 The Affordable Care Act (ACA) provides for a State-based transitional reinsurance program to help stabilize premiums for coverage in the individual health insurance market during the first three years of operation of the Exchanges (2014-2016). The program is designed primarily to transfer risk from...
| | HIPAA Covered Health Plans Beware: HHS Office of Civil Rights Kicks Off HIPAA Audit Program
John R. Hickman, Johann Lee; Alston & Bird LLP;
Legal Alert/Article March 9, 2012, previously published on March 7, 2012 Since November 2011, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), has been conducting audits of covered entities (the “HIPAA Audit Program”) for compliance with the privacy and security requirements under HIPAA and the HITECH Act...
| | When Is a Summary More than a Summary, Part Two: Agencies Issue Final Guidance on the ACA’s Uniform Summary of Benefits and Coverage Requirement
Ashley Gillihan, John R. Hickman; Alston & Bird LLP;
Legal Alert/Article March 5, 2012, previously published on February 29, 2012 On February 14, 2012, the Departments of the U.S. Treasury (“Treasury”), Labor (DOL) and Health and Human Services (HHS) (collectively, the “Agencies”) jointly published final regulations that identify the standards for completing and delivering the uniform explanation of...
| | New Michigan Law Imposes a Tax on Claims Paid by Employer-Sponsored Health Plans
Ashley Gillihan, John R. Hickman, Dan Taylor; Alston & Bird LLP;
Legal Alert/Article February 15, 2012, previously published on February 13, 2012 In September of 2011, Michigan passed the Health Insurance Claims Assessment Act1 (the “Act”), which imposes a one percent tax on, among others, certain group health plan claims paid by employer-sponsored group health plans subject to ERISA. The Act is effective from January 1, 2012,...
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