Archives of Healthcare

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 […]
2 months ago

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 […]
2 months ago

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 […]
8 months ago

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 […]
10 months ago

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 […]
11 months ago

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 […]
3 years ago

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 […]
3 years ago

$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 […]
3 years ago