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McBrayer Blogs
Showing 179 posts in Health Care Law.
2014 Work Plan for SNFs, Hospice & Home Health Services
If you are a physician and want to know the specific initiatives in the OIG’s 2014 Work Plan applicable to you, check out the post from earlier this week. Today, we will be examining the OIG’s enforcement priorities for skilled nursing facilities (“SNF”), hospice, and home health services. More >
More Patient Access, but Less Understanding?
On February 3, the Department of Health and Human Services (“HHS”) issued a Final Rule granting a patient, or his/her personal representative or designee, direct access to the patient’s completed laboratory test reports, if so requested. In addition, the Final Rule eliminates the exception under the HIPAA Privacy Rule to an individual’s right to access his or her protected health information when it is held by a CLIA-certified or CLIA-exempt laboratory. More >
New Rule Brings Sweeping Changes to Physician Privacy, Part II
Earlier this week, we discussed the new U.S. Department of Health and Human Services (HHS) policy on disclosure of Medicare reimbursement to individual physicians. The policy, set to take effect on March 18, 2014, enables the Centers for Medicare & Medicaid Services (CMS) to evaluate requests for physician pay information under the Freedom of Information Act (FOIA) and, in some cases, release the data. This new policy marks a fundamental shift in HHS’ commitment to protect physician privacy. More >
New Rule Brings Sweeping Changes to Physician Privacy
On January 17, the U.S. Department of Health and Human Services (HHS) announced that the Centers for Medicare & Medicaid Services (CMS) would begin granting Freedom of Information Act (FOIA) requests for Medicare reimbursement to individual physicians on a “case-by-case basis.” The new policy, effective March 18, 2014, is a departure from CMS’ long-standing practice of withholding information on physician reimbursement under the Medicare program. More >
The Affordable Care Act & Small Business Recap
On February 4, McBrayer and Business Lexington presented a panel discussion on how small businesses can navigate the Affordable Care Act. I was honored to moderate the event and hope that attendees benefited from the panel’s real-world advice on how to traverse the new landscape of health insurance. A huge thank you to the panelists: Jon Carroll, Beverly Clemons, Betsy Johnson, Cris Miller, and Garry Ramsey. More >
Small Devices & Big Consequences: Why Medical Practices Need Encryption
On Tuesday, I shared information about the U.S. Health and Human Services (“HHS”) Office of Civil Rights’ (“OCR”) first settlement with a medical practice for alleged violations of the breach notification provisions of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. The $150,000 settlement was made with Adult & Pediatric Dermatology, P.C., (“the Practice”) after the entity reported a stolen jump drive that contained PHI of approximately 2,200 patients. More >
Coming to a Medical Practice near You: HIPAA and Hi-Tech Audits
On December 26, 2013, the U.S. Health and Human Services Office of Civil Rights (“OCR”) announced its first settlement with a covered entity for not having policies and procedures in place to address the breach notification provisions of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. Adult & Pediatric Dermatology, P.C., (“the Practice”) of Concord, Massachusetts agreed to settle potential violations with a $150,000 penalty and corrective action plan. More >
Part II: Understanding All-Payer Claims Databases
Earlier this week, we discussed the benefits of all-payer claims database (“APCD”) systems. Nine states currently have APCDs in place, but Kentucky is not one of them. These systems provide a multitude of information on the cost, use, and quality of health care in a given state, but the question remains: how do providers feel about APCDs? More >
Part I: Understanding All-Payer Claims Databases
Over the last decade, many states have established all-payer claims database (“APCD”) systems that collect medical, pharmaceutical, and dental eligibility and claims information. Payers, including insurance providers, third-party administrators, prescription drug plans, Medicaid, and Medicare, are responsible for depositing eligibility and claims data into a collective system. The data can then be used to generate important information about cost and quality of care. By gathering detailed information in one place, a statewide picture emerges – information on service providers, patient demographics, and other important healthcare data. More >
Part II: Are U.S. Providers Ready to Catch Up in Medical Coding?
If you are a provider and are unsure about the differences in ICD-9 and ICD-10 codes or why there is a need for implementation, I highly suggest you read Tuesday’s post. More >

