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Legal Updates

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…

CMS Relaxes Telehealth Restrictions

From the College  |  March 18, 2020

President Trump announced that CMS will broaden access to telehealth services during the COVID-19 pandemic. The CMS published a fact sheet outlining the types of visits that will be covered, the providers eligible to use the expanded services and coding considerations. The ACR is working with other specialty societies and the AMA to provide additional…

The Doctor Will See You Now: Legal & Regulatory Reforms Expand Telemedicine

Steven M. Harris, Esq.  |  March 17, 2020

In this time of COVID-19, you may be considering ways to deliver routine rheumatologic care via some form of telemedicine. Here are some of the legal considerations.

Proposed Changes May Loosen Federal Fraud & Abuse Laws

Steven M. Harris, Esq.  |  February 13, 2020

The Stark law and the Anti-Kickback Statute (AKS) are the U.S. healthcare system’s primary fraud and abuse laws, and highly anticipated proposed reform plans from the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) were finally unveiled on Oct. 17, 2019. The proposed reforms would 1) clarify certain requirements…

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