Archives of Healthcare

OCR’S TELEHEALTH RESOURCES FOR PATIENTS AND PROVIDERS

As we all know, since the beginning of the COVID-19 pandemic, telehealth has “virtually” transformed the meaning of healthcare for both patients and providers. Telehealth has made healthcare more available and accessible for a wide variety of patients and provided a safe alternative for those in need of medical care during the pandemic. While telehealth […]

AVOID OCR INVESTIGATIONS: STOP SNOOPING IN ITS TRACKS

On June 15, 2023, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced that a Washington hospital would pay $240,000 as part of a settlement for HIPAA violations concerning medical record “snooping.” In May 2018, Yakima Valley Memorial Hospital submitted a breach notification to OCR, triggering an investigation. The hospital […]

HHS PROPOSED REPRODUCTIVE HEALTHCARE RULE

On April 12, 2023, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) released a proposed rule (the “Rule”) that would modify the HIPAA Privacy Rule to include stricter standards for the use or disclosure of PHI to investigate or prosecute patients, providers, and others receiving, providing, or involved in reproductive […]

WHAT YOU NEED TO KNOW ABOUT NC’S CON REFORMS

On March 23, 2023, North Carolina passed Session Law 2023-7 into law. While the law primarily aims to expand Medicaid coverage across the state, it also institutes significant reforms for the state’s Certificate of Need (“CON”) Program. CON Law requires health care providers to apply to the program and obtain a certificate in order to […]

DEA’S PROPOSED RULE ON TELEMEDICINE AND PRESCRIBING CONTROLLED SUBSTANCES

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the “Ryan Haight Act”) was enacted to amend the Controlled Substances Act to crack down on online prescribing of highly addictive substances, especially to teenagers and young adults, and impose stricter regulations on the use of telemedicine to prescribe controlled substances. When the pandemic hit […]

COVID-19 PHE TO END ON MAY 11, 2023

On January 30, 2023, the Biden Administration announced their intention to end the COVID-19 national emergency and public health emergency declarations (“PHE”) on May 11, 2023. The announcement was made to comply with the Administration’s commitment to give a notice of no less than 60 days and to give healthcare providers ample time to adjust […]

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 […]

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 […]
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