Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Part 2
- Data Privacy
- Department of Health and Human Services' Office of Civil Rights
- Medical Malpractice
- Medical Cannabis
- Workplace health
- Workplace Violence
- Assisted Living Facilities
- EMTALA
- FDA
- Reproductive Rights
- Roe v. Wade
- SCOTUS
- COVID-19
- Prescription Drugs
- Telemedicine
- Medical Spas
- Code Enforcement
- Corporate
- Employee Contracts
- Non-Compete Agreement
- United States Department of Justice ("DOJ")
- Compliance
- HIPAA
- Kentucky Board of Nursing
- Managed Care Organizations (“MCOs”)
- Anti-Kickback Statute
- False Claims Act
- KASPER
- Kentucky’s Department for Medicaid Services
- Medicaid
- Mental Health Care
- Office for Civil Rights ("OCR")
- Office of Inspector General of the United States Department of Health and Human Services (OIG)
- Primary Care Physicians ("PCPs")
- Qui Tam
- Stark Laws
- Accountable Care Organizations (“ACO”)
- Affordable Care Act
- APRNs
- Centers for Medicare & Medicaid Services (“CMS”)
- Charitable Hospitals
- Data Breach
- Electronic Protected Health Information (ePHI)
- Federally Qualified Health Centers (“FQHCs”)
- Health Information Technology for Economic and Clinical Health Act (HITECH Act)
- Health Insurance Portability and Accountability Act of 1996 (HIPAA)
- Health Professional Shortage Area ("HPSA")
- Hospitals
- HPSA
- HRSA
- Kentucky Board of Medical Licensure
- Medicare
- Mid-Level Practitioners
- Patient Protection and Affordable Care Act (“ACA”)
- Pharmacists
- Physician Assistants
- Rural Health Centers (“RHCs”)
- Rural Health Clinic
- Telehealth
- Business Associate Agreements
- Fraud
- Part D
- Appeal
- Compliance Programs
- Electronic Health Records (“EHR")
- ERISA
- Hospice
- Overpayments
- Advanced Practice Registered Nurses
- Business Associates
- Denied Claims
- Division of Regulated Child Care
- Employee Agreement
- Fair Labor Standards Act (FLSA)
- Licensed practical nurses (LPN)
- Licensure Requirements
- Nurse practitioners (NP)
- Part A
- Part B
- Personal Health Information
- Personal Service Entities
- Physician Payments
- Qualified Health Plan ("QHP")
- Registered nurses (RN)
- Abuse and Waste
- Occupational Safety and Health Administration (“OSHA”)
- Patient Autonomy
- Department of Health and Human Services (HHS)
- Health Insurance
- Healthcare Regulation
- Health Care Law
McBrayer Blogs
Showing 23 posts from 2015.
What a PA Should Know When Searching for a Supervising Physician
Although supervising physicians are required to follow regulatory guidelines, it is also important that physician assistants (“PAs”) understand their role in the authority delegated to them and the specifics of regulatory compliance for supervision. More >
HIPAA Rules and Procedures in the Event of a Data Breach, Part Two
My last post focused on the discovery and investigation of a data security breach to determine if breach notification is needed. Today’s post now turns to the requirements of breach notification triggered by a data security breach. More >
HIPAA Rules and Procedures in the Event of a Data Breach, Part One
As discussed in my prior post, recent massive data breaches at major retailers and health insurance providers paint a bleak picture of modern data and emphasize the importance of strong security safeguards and plans for handling suspected security breaches for electronic protected health information (“ePHI”). In the healthcare context, a security breach of a covered entity or a Business Associate’s (BA) data security system triggers the Security Rule and can trigger certain breach notification requirements under Health Insurance Portability and Accountability Act (“HIPAA”) and Health Information Technology for Economic and Clinical Health Act (“HITECH”). This post will discuss the investigation needed to determine whether a breach has taken place, while the next post will discuss the necessary notifications in the event of a breach. More >
Pharmacists: Aren’t you really providers already? – Part Two
The first part of this article discussed pharmacist provider status and argument both for and against it. Today’s post now turns to regulatory hurdles, developments towards provider status and the acknowledgment of changing roles in the pharmacist workforce. More >
Pharmacists: Aren’t you really providers already? - Part One
While the passage of the Patient Protection and Affordable Care Act (“ACA”) ushered in a new era of access to health care, it only served to exacerbate a growing crisis in the provision of health care – lack of providers. As of April 2015, the Health Resources and Services Administration lists the population of the United States that lives within a health professional shortage area (“HPSA”) for primary care as 103,847,716, with 1,023,989 of those living in Kentucky.[1] This shortage calls for a reimagining of ways that non-physician providers can fill the care gap, and the debate surrounding the provider status of pharmacists with regard to federal health care programs is evidence of a changing mindset. More >
Five Things to Know about Transitional Care Management
Tuesday’s post discussed the basics of Transitional Care Management (“TCM”), but today’s post will focus on five things that providers should know about TCM. More >
Five Key Elements of Transitional Care Management
Similar to rules providing billing opportunities for chronic care management (as discussed in this McBrayer blog post), relatively new Medicare funds for Transitional Care Management (“TCM”) provide a new path for providers to supplement their Medicare practice with payment for services they may already provide. Beginning in 2013, Medicare, for the first time, allowed providers to bill for thirty days of TCM, incentivizing post-discharge care with an aim to prevent hospital readmission. The Center for Medicare and Medicaid Services (“CMS”) requires five specific elements of TCM to be met before provider reimbursement. Those elements merit review and brief discussion today, while Thursday’s post will discuss five important points of consideration with regard to TCM. More >
The Unhappy Intersection of Hospital Mergers and Antitrust Laws
The rapidly-evolving field of health care has been moving lately towards a single-minded goal – coordination of patient care in the name of efficiency and efficacy. Hospital systems are more and more often merging with other medical practices to better achieve the standards and goals of the Patient Protection and Affordable Care Act (“ACA”). The Ninth Circuit Court of Appeals, however, recently provided a stark reminder that the ACA isn’t the only law hospitals need to consider compliance with in these mergers.
More >
The Importance of HPSA and MUA Designation
Rural communities in Kentucky are still largely underserved by health care providers. With the expanded range of Medicaid and Medicare services now available as a result of the Patient Protection and Affordable Care Act (“ACA”), rural health care infrastructure needs a shot in the arm to meet the demand. Fortunately, several programs exist to incentivize the provision of rural health care, and Kentucky providers in underserved areas should begin taking advantage of them. More >
HIPAA and “Meaningful Use” Audits: Issues to Consider and How to Prepare
As more and more providers adopt electronic health records (“EHRs”) systems (and with new regulations concerning their required use for purposes of Medicare billing for chronic care management, their popularity can only continue to grow), a myriad of compliance issues continue to surround them. To that end, the federal government has stepped up auditing programs to ensure compliance with HIPAA/HITECH as well as making sure taxpayer money has been invested wisely through the Meaningful Use program. The bent of these audit programs is clearly along the lines that applicable covered entities and business associates should be preparing with a “when” mindset, rather than “if,” as these audits are going to happen. More >
