Archives of Healthcare Law

KEEPING UP WITH OCR’S RIGHT OF ACCESS INITIATIVE

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) is cracking down on HIPAA Right of Access violations. After OCR announced the completion of three investigations in its HIPAA Right of Access Initiative, the total number of enforcement actions have risen to 20 this year alone, and 41 since the […]

HIPAA IN THE POST-DOBBS ERA: OCR GUIDANCE FOR HEALTHCARE PROVIDERS

On June 24, 2022, the United States Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, essentially ceding to individual states wholesale authority to regulate abortion. As a response, the Department of Health and Human Services (HHS), Office of Human Rights (OCR) issued new guidance regarding the application […]

HHS ANNOUNCES AUDIO-ONLY TELEHEALTH IS ALLOWED UNDER HIPAA

In response to the pandemic, the U.S. Department of Health and Human Services (“HHS”) announced that its Office of Civil Rights (“OCR”) would use discretion in enforcing certain provisions of the HIPAA Privacy and Security Rules for providers using audio–visual methods and platforms to provide healthcare services via telehealth. As the pandemic shifts, the future […]

SBA Reopens PPP Loan Applications Monday, April 27

On Friday, April 24, 2020, the U.S. House passed the Paycheck Protection Program and Health Care Enhancement Act, a $484 billion bill that will replenish the Paycheck Protection Program. This supplemental relief package includes:  $310 billion for the Paycheck Protection Program (PPP)  $60 billion for the Economic Injury Disaster Loan program  $75 billion for health care […]

CARES Act for Heath Care Providers

On March 27, 2020, the CARES Act was signed into law, providing sweeping fiscal stimulus, financial relief, and regulatory relaxation to industries across the United States, including special focus on the health care sector as it combats the spread of COVID-19. This article provides an overview of some of the CARES Act’s major federal health care […]

OIG Expands New Stark Law “Blanket Waivers” to Provide Additional Protection Under Federal Anti-Kickback Statute

On April 3, 2020, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) released a policy statement (“Policy Statement”), in which the OIG announced that it will “exercise its enforcement discretion not to impose administrative sanctions under the Federal anti-kickback statute” (“AKS”), for certain arrangements established in connection with responding to […]

$30 Billion in HHS Financial Relief Has Begun to Hit Provider Bank Accounts – Providers May Also Apply for Medicare’s Accelerated and Advance Payment Program

Medicare-enrolled health care providers have started to receive payments from the U.S. Department of Health and Human Services (“HHS”) from the Public Health and Emergency Fund of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The distributions will amount to a total of $30 billion out of a total of $100 billion comprising […]