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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

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. 

 

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”