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Legal Updates

New Healthcare Price Transparency Requirements Are Complicated & Vary by State

Emily A. Johnson, JD  |  December 16, 2021

Healthcare law is ever changing, particularly with regard to price transparency. Key healthcare leaders and stakeholders have long argued for more stringent price transparency regulations in an effort to increase patient awareness regarding the cost of a hospital item or service prior to receiving the service. Such information is anticipated to enable patients to take…

HIPAA and PHI Cybersecurity Best Practices in the COVID-19 Era

Steven M. Harris, Esq.  |  September 14, 2021

When the first SARS-CoV-2 case was recorded, it was difficult to appreciate the extent to which cybersecurity concerns, particularly in connection to the protection of patient healthcare data, would enter into main­stream consciousness. Although many practices and healthcare organizations have recently adopted additional measures to safeguard patients’ protected health information (PHI) through expanded cybersecurity monitoring,…

The 21st Century Cures Act Information-Blocking Rule

Steven M. Harris, Esq.  |  April 17, 2021

The 21st Century Cures Act (Cures Act) became law on Dec. 13, 2016, and emphasized interoperability in the exchange of healthcare information between healthcare providers, health information entities and patients. The Cures Act underscored unimpeded access to patient electronic health information (EHI) upon request, in a manner that is secure and updated automatically, and prohibits…

Reporting & Other Tips for the CARES Act Provider Relief Fund

Steven M. Harris, Esq.  |  February 16, 2021

Between April and December 2020, many eligible healthcare providers received or applied for payments from the $175 billion Coronavirus Aid, Relief and Economic Security (CARES) Act Provider Relief Fund (PRF) through the U.S. Department of Health & Human Services (HHS). On Dec.27, 2020, the Consolidated Appropriations Act, 2021 (the Appropriations Act) was signed into law,…

How to Terminate a Patient Relationship

Steven M. Harris, Esq.  |  November 12, 2020

The success of a physician-patient relationship encompasses several important factors, including mutual respect, trust and effective communication. But what can be done when this relationship becomes adversarial and communication breaks down? The American Medical Association has historically pointed out that poor physician-patient communication is directly related to malpractice or discrimination lawsuits. When providers end a…

Best Practices for COVID-19 Regulatory Waivers, Relief Funding & Audits

Steven M. Harris, Esq.  |  September 11, 2020

When the first laboratory-confirmed COVID-19 case was reported by the Centers for Disease Control & Prevention (CDC) on Jan. 22, it was difficult to predict an ensuing global pandemic would last for more than half the year. Approximately one week after the initial CDC report, the U.S. Department of Health & Human Services (HHS) declared…

How to Create a Safe Practice & Prep for a COVID-19 Resurgence

Steven M. Harris, Esq.  |  August 12, 2020

For many months, the healthcare world has been significantly affected by the swift and per­vasive effects of SARS-CoV-2, which causes COVID-19. The virus has severely affected the delivery of patient care by all providers, including those in hospitals and emergency care settings, who grappled with the response to massive influxes of COVID-19 patients, and those…

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How Ageism Hurts Physicians & Patients

Steven M. Harris, Esq.  |  May 15, 2020

Ageism is defined as stereo­typing, prejudice or discrimination against individuals on the basis of their age. According to the American Medical Association (AMA), 43% of all physicians and surgeons are 55 or older. Specialists are, on average, older than primary care doctors. In addition, around 30% of the current U.S. population is older than 55,…

Do You Know Your Legal Obligations to Disabled Patients?

Kurt Ullman  |  April 13, 2020

The Americans with Disabilities Act (ADA) was passed in 1990 to protect the civil rights of people with disabilities. This law, and amendments passed in 2008, resulted in rules and regulations opening access to private settings serving the public, including doctors’ offices and medical facilities. The ADA includes a three-pronged definition of disability. If any…

HHS Relaxes HIPAA Enforcement

From the College  |  March 18, 2020

Effective immediately, the HHS Office for Civil Rights (OCR) has stated it will not impose any noncompliance penalties under the Health Insurance Portability and Accountability Act (HIPAA) on physicians using any non-public facing service or audio or video communication technology (e.g., Apple FaceTime, Skype, Facebook Messenger, etc.) for telehealth services. This discretion applies to telehealth…

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