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Category Archives: Rulemaking

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Ohio Medicaid to Cover Telemedicine

Posted in Legislation, Rulemaking, Telehealth/Telemedicine

Many thanks once again to our colleague, Sylvia Brown, for her assistance in authoring this post. Last week, Ohio Governor John R. Kasich signed into law H.B. 123 (Gonzales, Watchmann), a bill to provide Medicaid coverage for telehealth services.  The law requires the state’s Medicaid department to establish standards for covering services that are provided through telehealth. … Continue Reading

New Access Rights to Lab Test Reports

Posted in Access Rights, Rulemaking

In an effort to further eliminate barriers to the exchange of health information and encourage a more active patient role in personal health care decisions, federal regulators have once again expanded HIPAA patient rights provisions.  Last week, the U.S. Department of Health & Human Services Centers for Medicare & Medicaid Services (“CMS”), Centers for Disease Control and Prevention… Continue Reading

OCR Issues Guidance on Refill Reminder Exception to HIPAA Marketing Rule

Posted in Enforcement, Rulemaking

Prompted by litigation filed by Adheris[1] as well as concerns raised by consumer advocates and health care stakeholders regarding the viability of prescription refill reminder programs under HIPAA’s stricter marketing prohibitions, on September 19, 2013, OCR issued additional guidance regarding the scope of HIPAA’s refill reminder exception.  Notably, OCR also delayed enforcement on this issue… Continue Reading

HIPAA Webinar: Updates to The Privacy Rule

Posted in Rulemaking, Webinar

Please join us this Tuesday, March 19, 2013 for a complimentary webinar to further discuss the release of the Final Omnibus HIPAA Rule by the U.S. Department of Health and Human Services.  This is the first in a three-part miniseries following last month’s webinar, where we focused generally on the sweeping changes to the HIPAA Privacy… Continue Reading

The Final Omnibus HIPAA Rule: Are You Ready?

Posted in Enforcement, Rulemaking

As we mentioned in last week’s Webinar on the HIPAA Final Omnibus Rule, there are less than nine short months for covered entities and their business associates (and all downstream business associates) to comply with the HIPAA final rules.  For those entities that have already taken steps following the release of the HITECH interim rules, the… Continue Reading

HIPAA Final Rule Clarifies Business Associate Obligations

Posted in Rulemaking

Business Associates:  You’re on notice. When the Health Information Technology for Economic and Clinical Health Act (“HITECH”) was enacted nearly four years ago, business associates were aware that HIPAA compliance was going to be required of them – they were just not sure of the extent.  Historically, business associates have been required to comply with… Continue Reading

HHS Previews Long-Awaited Final Omnibus HIPAA Rule

Posted in Rulemaking

On January 17, 2013, HHS announced the release of the long-awaited final omnibus HIPAA rule.  According to HHS Office for Civil Rights Director Leon Rodriguez, “This final omnibus rule marks the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented.  These changes not only greatly enhance a patient’s privacy… Continue Reading

Stage 2 Rule Eases Burdens on Medicaid Providers

Posted in Behavioral Health, Meaningful Use, Rulemaking

The Centers for Medicare and Medicaid Services (“CMS”) Medicare and Medicaid EHR Incentive Programs Stage 2 final rule (“Final Rule”) made two key changes which should benefit providers seeking Medicaid incentive payments:  (1) allowing more patient encounters to be included in satisfying the required patient volume threshold for eligible professionals; and (2) simplifying hospital reporting of… Continue Reading

Meaningful Use Stage 2 Requirements Now Final

Posted in Meaningful Use, Rulemaking

The Centers for Medicare and Medicaid Services (“CMS”) has released its final rule for Stage 2 of the Medicare and Medicaid Electronic Health Record (“EHR”) Incentive Programs.  The rule specifies criteria that eligible professionals and hospitals must meet in order to continue to receive incentive payments.  CMS has indicated that the final rule will be published in… Continue Reading

Final Omnibus HIPAA Rule Delayed

Posted in Rulemaking

Still waiting. The White House Ofice of Management and Budget (“OMB”) has extended its review of the final omnibus HIPAA rule, validating recent comments indicating that further delay was likely.  As we reported back in March, the Department of Health and Human Services Office for Civil Rigths submitted the final omnibus rule for review by OMB,… Continue Reading

HIPAA Final Rule Status Update

Posted in Rulemaking

We reported a few months back that the end of June was the anticipated timeframe for the issuance of the final HIPAA rule.  Recent comments from federal officials indicate that this might be a bit optimistic. At the annual Safeguarding Health Information:  Building Assurance through HIPAA Security conference, the Department of Health and Human Services Office for… Continue Reading

HIPAA/HITECH Final Rules Received by OMB

Posted in Rulemaking

Finally.  The Office of Management and Budget (“OMB”) has received the long-awaited Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules.  The estimated timeframe is approximately 90 days for OMB to undertake its review.  We hope to have the final rules by the end of June.

CMS Announces Proposed Stage 2 Meaningful Use Requirements

Posted in Rulemaking

On Thursday, February 23, 2012, CMS announced the proposed Stage 2 requirements for the Medicare and Medicaid Electronic Health Record (“HER”) Incentive Programs.  See Notice of Proposed Rulemaking, Federal Register.  Under HITECH, eligible health care professionals (“EPs”), eligible hospitals and Critical Access Hospitals (collectively “hospitals”) can qualify for Medicare and Medicaid incentive payments when they… Continue Reading

FINAL HITECH RULES IMMINENT: ARE YOU READY?

Posted in Rulemaking

The Office of Civil Rights has set a March 2012 target date for release of the long-awaited final HITECH rules.  These rules amend HIPAA’s privacy and security regulations, and put real teeth into the government’s HIPAA enforcement efforts as they relate to non-compliance by health care providers (as well as other covered entities) and their… Continue Reading