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McBrayer Blogs
Showing 6 posts from 2025.
Beyond HIPAA: Legal Risks of Consumer Health Apps and Wearables for Kentucky Healthcare Providers
Patients are increasingly generating their own health data through wearables and apps, transforming how providers engage with them. However, much of this data falls outside HIPAA’s protections, creating legal gaps. With Kentucky’s Consumer Data Protection Act (KCDPA) taking effect in January 2026, these gaps will become even more complex for providers to navigate. More >
When Safety Nets Fail Together: Medicaid Cuts, ACA Subsidies, and EMTALA
America’s healthcare system is often described as a patchwork: a mix of public programs, private insurance, and stopgap laws meant to catch people before they fall through the cracks. But what happens when several of those safety nets are weakened or removed all at once? More >
New Resident Legal Issues
Leaving medical school and entering residency is a daunting transition in the career of a new physician, presenting a new set of legal rules and requirements, including employment contracts and malpractice liabilities. We recommend familiarizing yourself with your program’s relevant manuals and policies and seeking legal advice when necessary. More >
The Heat Turns Up: The 60-Day Rule Gets a Facelift but Changes Create Complications for Providers
With the OIG’s May 30, 2025, announcement that they are seeking $454.4 million in funding to fight healthcare fraud, healthcare providers can expect increased governmental scrutiny despite Trump’s budget cutbacks and staff layoffs. The OIG justifies its budget request by pointing out that for every $1 invested, there is an expected return of $11 in government recoveries and receivables, which fuels the Trump administration’s fight on fraud, waste, and abuse in health care. What this means for health care providers is intensified scrutiny and likely use of AI as a tool to evaluate big data to identify potential false claims, fraud, outliers, etc. Considering the OIG’s 90-page new General Compliance Guidance, healthcare providers’ self-policing strategies and internal audits are more important than ever as the heat turns up on alleged fraud and false claims. More >
The Future of DEI in Healthcare: Navigating Compliance and Risk Under New Federal Policies
The landscape of diversity, equity, and inclusion (DEI) in healthcare is undergoing a seismic shift following recent executive orders (EO) issued by President Donald J. Trump. The order, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," aims to eliminate DEI initiatives within federal government agencies and private companies contracting with the government. This policy shift presents significant legal and operational challenges for healthcare providers, particularly those relying on federal funding. More >
Medical Cannabis in Kentucky: What Practitioners Need to Know
As of January 1, 2025, medical cannabis is legal in Kentucky. Physicians and nurse practitioners who want to create access for their patients to this important treatment must become authorized to certify patients for medical cannabis and should be extremely careful to comply with confusing and complex regulatory requirements. More >
