Healthcare Law Blog

More on the AMA’s Guiding Telemedicine Principles

On Tuesday, we began to discuss the AMA’s new guidelines for telemedicine. These guidelines indicate the growth and increased comfort level of telemedicine’s use in day-to-day practice. The AMA’s report does not approve or disapprove of any specific technology, but does make the following recommendations for the delivery of health care services via telemedicine: More >

AMA Releases Guiding Principles on Telemedicine

The American Medical Association (“AMA”) recently approved “guiding principles” regarding the provision of medical services through telecommunications technologies, i.e. telemedicine. These principles stem from a previous policy report developed by the AMA’s Council on Medical Service and address major issues in telemedicine, including: More >

Medicare Part D Prescribers Must Act Now

On May 19, the Centers for Medicare & Medicaid Services (“CMS”) issued final regulations which require doctors prescribing drugs for Part D patients to enroll in Medicare. In addition, the regulations establish authority for CMS to revoke a doctor's Medicare eligibility for abusive prescribing practices, among other provisions. The regulations are part of the ongoing effort to curb fraud and abuse and to improve benefits and the quality of care for seniors and people with disabilities enrolled in these programs. More >

Physicians Facing an Increased Risk of Qui Tam Suits

On April 9, the Centers for Medicare and Medicaid Services (“CMS”) released data showing physicians’ compensation for Medicare Part B billing payments in 2012. It was the first time in more than 35 years the data has been made available to the public and it unleashed a fire storm of national headlines. Most news outlets, unfortunately, failed to explain the facts behind the figures. More >

Electronic Data Breach Leads to Largest HIPAA Settlement to Date

Recently, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services entered into a $4.8 million dollar settlement with two New York-based health care organizations after a data breach involving electronic protected health information occurred. The agreement is the largest HIPAA settlement thus far. More >

Time to “Face” The Risks

In 2011, the U.S. Centers for Medicare and Medicaid Services (“CMS”), as part of the reform instituted by the Affordable Care Act, required that home health agencies and hospice patients receive a face-to-face visit (at specified time periods) by a physician or nurse practitioner to ensure that they continue to meet Medicare and Medicaid eligibility criteria. More >

All Eyes on Hospice Care

In 2013, the Department of Justice (“DOJ”) and Office of Inspector General (“OIG”) charged the nation’s largest for-profit hospice chain, Vitas Innovative Hospice Care (“Vitas”), with false Medicare billings, inappropriately admitting patients with “aggressive marketing tactics,” and misleading patients and families about Medicare hospice benefits. This suit is just one of many recently filed against hospice providers, indicating that they are being watched keenly by enforcement authorities and government agencies. More >

Important Reminder for Association Group Health Plans

In Kentucky, most trade association-sponsored health plans renew on July 1, 2014. Now is an excellent time for trade association executives to review association and Health Plan materials to ensure compliance with applicable Federal and State requirements prior to renewal. More >

Physicians: Have You Checked Your Numbers?

As promised, the Centers for Medicare and Medicaid Services released information about Medicare payment to physicians and certain health care professionals on April 9^th. The release is in conjunction with the policy change instituted by the U.S. Department of Health and Human Services, which allows CMS to respond on a case-by-case basis to Freedom of Information Act requests for Medicare payment information related to individual physicians (see more on the topic here). More >

A New Reason to Protect Protected Health Information

Recently, an Indiana jury awarded a plaintiff $1.8 million in damages after a Walgreens pharmacist inappropriately used her position to find and share the plaintiff’s protected health information (“PHI”). [1] As health care providers know, the Health Insurance Portability and Accountability Act (“HIPAA”) provides both civil and criminal penalties for improper disclosure of medical information but it does not create a state-based private cause of action for violation of its provisions. Thus, when someone’s PHI is inappropriately shared or disclosed by a health care provider, the individual does not have personal legal recourse against the offending party. The recent Indiana case (herein “Walgreens Co.”) illustrates, however, that HIPAA still has a significant role in state court suits alleging negligence and professional liability as it relates to confidentiality.