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| HIPAA Privacy & Security |
Comparison of Presidential Candidates’ Health Care Proposals
Health Care
September 22, 2008
Cynthia E. Berry
Leah Mendelsohn Stone
As part of their campaigns for the presidency, both Senator McCain and Senator Obama have outlined health care reform proposals that aim to provide access to affordable health care. The candidates’ plans differ on how they would achieve their stated objectives.
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New Stark Rules Bring Major Changes - 08/08
Health Care
August 27, 2008
Sandra K. Herron
On August 19, 2008, the Centers for Medicare and Medicaid Services published the latest changes to the Stark Law. The Stark Law regulates the types of arrangements into which physicians may enter. Violations of the Stark Law bring hefty civil fines and penalties.
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CMS Proposes Final Medicare E-Prescribing Standards - 11/27/07
Health Care
November 27, 2007
On November 16, the CMS published a proposed rule to implement final e-prescribing standards for the Medicare Part D program (72 Fed. Reg. 64900). Any prescriber or dispenser who electronically transmits prescription data and certain other information related to a Part D beneficiary will be required to comply with these standards.
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Congress Passes New Ethics, Lobbying, and Earmark Requirements - 08/20/07
Health Care & Advocacy & Government Relations
August 20, 2007
Cynthia E. Berry
Before recessing for the month of August, the U.S. House of Representatives and the U.S. Senate passed the "Honest Leadership and Open Government Act" (S. 1), which would tighten ethics guidelines, restrict lawmakers' interactions with lobbyists, increase lobbying disclosure, and impose new requirements on earmarking of federal funds.
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Genetic Information Bill May See House Floor Action This Month - 04/04/07
Health Care
April 4, 2007
Cynthia E. Berry
A bill to address concerns about the potential for discrimination in employment and insurance based on genetic information is almost ready for House floor action after attempts to pass the bill in several previous Congresses have stalled in committee.
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Fifth Circuit Holds Patient Cannot Bring Suit to Enforce HIPAA - 12/11/06
Healthcare
December 11, 2006
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Fall Elections May Bring Increased Oversight of the Medicare Program - 10/30/06
Health Care
October 30, 2006
Alan K. Parver
Representative Fortney "Pete" Stark, Ranking Minority Member for the House Ways and Means Health Subcommittee recently identified areas in health law and policy that could draw the attention of a Democratically-led Congress.
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Congress Fails to Reach Health IT Agreement - 10/10/06
Health Care
October 10, 2006
Lawmakers involved in negotiating the differences between two health information technology (Health IT) bills (H.R. 4157, S. 1418) failed to reach an agreement prior to Congress' recess. The bills may still go to a conference committee if lawmakers can reconcile the differences.
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CMS Releases Quality Standards for DMEPOS Suppliers - 08/22/06
Health Care
August 22, 2006
Alan K. Parver
On August 14, 2006, the Centers for Medicare and Medicaid Services (CMS) issued quality standards for suppliers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Read details in our alert.
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Court of Appeals Holds Medical Malpractice Release Authorization Preempted by HIPAA - 08/14/06
Health Care
August 14, 2006
The Georgia Court of Appeals has ruled that a Georgia statute requiring medical malpractice plaintiffs to attach to their complaint a medical record release is preempted by the Health Insurance Portability and Accountability Act of 1996.
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Third Circuit Affirms Constitutionality Of HIPAA's "Routine Use" Exception To Disclosure Of Medical Records - 11/14/05
Health Care
November 14, 2005
On October 31, 2005, the Third Circuit Court of Appeals affirmed the decision of the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment to the Secretary of Health and Human Services and holding that the "routine use" exception to HIPAA's medical records privacy rules was not an unconstitutional infringement on patients' privacy rights.
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Electronic Medical Records on the Fast Track - 10/10/05
October 10, 2005
This Health Care Update discusses a new series of Health and Human Services regulations that will accelerate the use and the implementation of electronic medical records ("EMR") and electronic prescribing.
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CMS Issues Final MMA Section 1011 Guidance - 06/10/05
Health Care
June 10, 2005
On May 9, almost 10 months after publishing a proposed implementation notice, the Centers for Medicare and Medicaid Services (CMS) released the final implementation notice for Section 1011 of the Medicare Prescription Drug Improvement and Modernization Act of 2003, which authorizes $250 million each year in federal reimbursement from FYs 2005 through 2008 directly to hospitals, physicians, and ambulance services for the costs associated with providing emergency services to undocumented and other specified immigrants.
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At Last! The National Provider Identifier - 05/16/05
Health Care
May 16, 2005
Sandra K. Herron
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HIPAA Portability Final Regulations - 05/16/05
Employee Benefits & Executive Compensation
May 16, 2005
Richard L. Arenburg
Armin G. Brecher
Paul F. Concannon
Edmund Emerson III
Castles R. Hollis
Steven G. Schaffer
The federal agencies enforcing HIPAA's "portability" requirements have issues final regulations that will become effective for plan years beginning on or after July 1, 2005.
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OIG Demonstrates Increased Willingness to Allow Physician Malpractice Insurance Subsidies - 01/12/05
Health Care
January 12, 2005
The Office of Inspector General of the U.S. Department of Health and Human Services (OIG) is the Federal agency that is charged with enforcing the Federal Medicare/Medicaid Anti-Kickback Statute, which makes it a criminal offense to knowingly and willingly offer, pay, solicit or receive any remuneration for referrals of items or services paid by Federal health care programs.
In the past, OIG has expressed a deep distrust of arrangements in which hospitals or other entities subsidize malpractice insurance premiums for physicians. In the agency's view, physicians are potential referral sources and subsidies could be considered payments to influence referrals to hospitals.
The OIG's first departure from this position was the creation of a safe harbor for obstetrical malpractice insurance subsidies on November 19, 1999. The safe harbor provision permits hospitals and other entities in rural or urban underserved areas to pay for some or all of the obstetrical malpractice insurance premiums for obstetrical practitioners, including physicians and certified nurse midwives. However, at the time, it was not clear that the agency would allow such subsidies in other areas.
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Department of Health and Human Services Task Force Releases Report on Prescription Drug Importation - 12/23/04
December 23, 2004
Cynthia E. Berry
In this edition of the Advocacy & Government Relations Client Alert we discuss the final report (released on December 21) of the Department of Health and Human Services Task Force on Drug Importation. Reiterating that access to safe and affordable prescription drugs is an important policy goal, the Task Force concluded that drug importation would be costly to implement, provide little overall savings and, if not restricted to commercial importation from Canada, could be dangerous to consumers. The Task Force advised that all aspects of achieving safety, quality and cost-effectiveness must be comprehensively examined before imported drugs can be considered safe.
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