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|Important Amendments to the Personal Health Information Protection Act, 2004 Now in Force|
Roberto Ghignone; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 10, 2016At the start of June 2016, a number of significant amendments to the Personal Health Information Act, 2004 ("PHIPA") were proclaimed in force. The most significant changes relate to the duties and responsibilities of health information custodians with respect to notification in the event...
|Health Care Congressional Outlook for the June Work Period|
Eli Greenspan, Alexander Hecht, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 23, 2016, previously published on June 6, 2016The next six weeks are shaping up to be the final work period before the summer recess, with both chambers scheduled to leave DC by July 15th for party conventions followed by the August recess. The National Defense Authorization Act (NDAA), appropriations, and Puerto Rico will take up the...
|Legislation to Reduce Consumer Cost-Sharing Takes a Back Burner in the Drug Pricing Debate|
Carrie A. Roll; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 22, 2016, previously published on June 9, 2016As discussed in our recent post, states have turned up the heat on drug companies through both legislation and voter initiatives that would require drug companies to disclose their pricing mechanisms for certain high-cost drugs. Prior to this recent slate of drug pricing legislation and initiatives...
|DOJ and NC File Antitrust Suit Challenging Anti-Steering Restrictions in Payor Contracts|
Dionne C. Lomax, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 21, 2016, previously published on June 10, 2016A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In connection with such networks, providers will often provide better pricing in order...
|Cyberattacks--Health Care is Vulnerable|
John F. Queenan; Iseman, Cunningham, Riester
& Hyde LLP;
June 21, 2016, previously published on May 17, 2016Health care is a prime target for cybersecurity incidents.
|Phase 2 HIPAA Audits|
Howard E. Bogard, Richard J. Brockman, Kelli Carpenter Fleming, James A. Hoover, Chester "Chet" J. Hosch; Burr & Forman LLP;
June 21, 2016, previously published on June 2016In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil Rights ("OCR") is conducting Phase 2 HIPAA audits for both...
|Get Ready for those HIPAA Audits - New Audit Protocol (and a Mintz Tool!)|
Dianne J. Bourque, Jordan T. Cohen, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 21, 2016, previously published on April 20, 2016At long last, the Department of Health and Human Services Office for Civil Rights (OCR) has released a revamped audit protocol that now addresses the requirements of the 2013 Omnibus Final Rule. OCR will be using the audit protocol for its impending Phase 2 audits of covered entities and business...
|MSHA Issues New Workplace Exam Proposed Rule|
William K. Doran, Gwendolyn K. Nightengale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 20, 2016, previously published on June 7, 2016The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002 (Underground). The amended regulation, “Examinations of Working...
|After New York, Florida Curbs Surprise Bills for Emergency and Out-of-Network Services|
Nili Schipper Yolin; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 19, 2016, previously published on April 28, 2016It is generally understood that if a managed care member utilizes the services of a non-participating provider, the member could incur significant out of pocket expenses. However, there are instances where a member may unknowingly receive services from an out-of-network provider, such as a...
|Justices Grapple with Limits of False Claims Act Liability in Implied Certification Cases|
Thomas S. Crane, Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 19, 2016, previously published on April 26, 2016Last week the Supreme Court heard oral argument in a False Claims Act (“FCA”) case in which the Court is considering the validity of the so-called implied false certification theory. This theory attaches FCA liability when a person submits a claim for payment notwithstanding a violation...