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Everything you need to know about BMD and the industry.

Time to Update Your HIPAA Compliance Plan for Telehealth Policies and Procedures

Client Alert

The delivery of healthcare in this country may be forever changed following the COVID-19 pandemic. Providing services through telehealth technologies initially allowed providers to connect with patients in a safe and socially distant manner and helped keep vital hospital beds free for COVID-19 care. Now, while still a safe, socially distant option, telehealth allows patients to access healthcare services in an efficient manner, decreases the likelihood of cancellations, and expands access to services that do not require an in-person encounter (i.e., surgery, procedure, or test). Telehealth is now widely reimbursed by both federal and commercial payors and more provider types are able to provide telehealth services within their licensed scope of practice.

While the use of technology by both providers and patients is now commonplace in the industry, protected health information (PHI) must be safe and secure. Providers are still obligated to keep PHI confidential and comply with the rules and requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). An increased frequency of technology introduces another avenue for potential risk and unauthorized uses or disclosures of PHI.

At the start of the COVID-19 public health emergency, the Office of Civil Rights (OCR), responsible for enforcing HIPAA, issued a notice of enforcement discretion to not impose penalties against healthcare providers for noncompliance with the regulatory requirements under HIPAA in connection with the good faith provision of telehealth through the duration of the national emergency. As of September 8, 2020, this enforcement discretion is still in place. It will not remain forever and enforcement actions are still at the decision of the OCR. Therefore, in a world with an increased use of technology for healthcare services and the risk of more unauthorized uses or disclosures of PHI, providers should still comply with all of the HIPAA rules and regulations and incorporate telehealth in a compliance plan and/or HIPAA policies and procedures.

The Healthcare and Hospital Law Department at Brennan Manna & Diamond, LLC is here to help account for telehealth and the increased use of technology in your current HIPAA compliance plan to ensure the safety and privacy of the PHI you create and/or maintain. The BMD team can help your practice mitigate risk in the ever changing healthcare delivery world. 

 


Valley National Bank/Trulieve Loan: A Big Step Out of the Shadows

In a late December press release, Trulieve announced that it had secured a $71.5 million commercial bank loan. In addition to the amount of the loan, which may be the largest commercial bank loan to date to a cannabis company, the release prominently identified Valley Bank and featured both a quote from Valley’s Senior Vice President, John Myers, and a description of the Bank’s service platform and commitment to the cannabis industry.

The End of Non-Competes? The Impact It Will Have on the Healthcare Industry

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”

2022 Healthcare Recap and 2023 Healthcare Check-Up

As the country begins to return to a new “normal” following the COVID-19 pandemic, there are many healthcare rules changing on both the federal and state levels as a result. Thus, it is important for healthcare providers and their employers to be aware of these changing rules, and any implications they may have on their practice. Look back on healthcare in 2022 and find a checklist for 2023.

Direct Support Professional Retention Payments

On December 15, the Ohio Senate and House passed House Bill 45, which authorizes the Department of Developmental Disabilities (DODD), in conjunction with the county boards of developmental disabilities, to launch their initiative to issue retention payments to Direct Support Professionals (DSPs). These retention payments will be distributed quarterly to participating home and community-based waiver providers to address the workforce crisis in the direct provider sector. Governor DeWine needs to sign the Bill to begin the payments, but he is expected to do so by the end of 2022.

Real Estate Investors Position for 2023 Opportunities

Real estate investors weathered another year in a post-pandemic world, with the year closing with yet another interest rate increase coupled with both uncertainty and heightened interest carrying into 2023. Just last Wednesday, the Federal Reserve raised its benchmark interest rate 0.50 percentage points, shifting the target range to 4.25% to 4.50%. The new level is the highest the fed funds rate has been since December 2007 and marks the seventh rate hike this year. So what does this mean to investors, brokers, lenders, and others in the real estate world? Read a few perspectives below from stakeholders familiar with our BMD clients and the markets in which they do business.