Section 6409 of the Patient Protection and Affordable Care Act (PPACA) requires the Secretary of Health and Human Services to develop a Medicare self-referral disclosure protocol, which is intended to allow providers to disclose self-referral violations and negotiate reduced civil penalties. The protocol shall be developed no later than six months following the date of enactment
2010
Special Requirements for DME and Home Health Services
The Patient Protection and Affordable Care Act (PPACA) contains several provisions aimed to reduce fraud and abuse in home health and Durable Medical Equipment (DME) programs, which CMS and OIG consider to be high risk programs. Effective July 1, 2010, physicians who order covered home health or DME services must be enrolled in Medicare (§ 6405). …
Approximately 90% of H-1B Quota Remains Available
Contributed by Piyush Seth
As of April 5, 2010 US Citizenship and Immigration Services reported that only 6,791 of the 65,000 "regular" cap and only 2,734 of the 20,000 advance degree cap petitions had been received. Click AILA for more information.
In previous years the 65,000 H-1B cap has been reached within the first week of…
HIPAA Security Rule Guidance for Physicians
Contributed by Lee Kim, Esquire
The American Medical Association has posted HIPAA Security Rule guidance for physicians. It recommends that electronic protected health information ("ePHI") should be encrypted and suggests that AES technology should be used (as a more secure alternative to RSA technology). Both data at rest (e.g., files which reside on your hard drive…
PPACA STARK In Office Ancillary Service (IOAS) Disclosure Requirement
Section 6003 of the Patient Protection and Affordable Care Act (PPACA), which is the 2010 Healthcare Reform Act, imposes a new disclosure requirement for in office ancillary service referrals of imaging services. Section 6003 requires that referrals of MRI, CT, PET, and other designated health services as specified by the secretary, must be accompanied…
Diagnosing Problems with Non-Competition Agreements: A Self-Exam Guide for both Practices and Physicians
Contributed by Albert Lee & Katherine Koop
alee@tuckerlaw.com, kkoop@tuckerlaw.com
Graduating from medical school, joining a practice and staying until retirement rarely happens these days. (Although nationwide physician turnover rates have been on the decline, from 6.7% in 2006 to 6.1% in 2008, some estimate that 40% of newly practicing physicians leave their initial practice …
PPACA Reduces Medicare FFS Claim Filing Period to One Year
Medicare Explains Timely Filing Requirements for Medicare Fee-For-Service Claims
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (PPACA), which amended the time period for filing Medicare fee-for-service (FFS) claims as one of many provisions aimed at curbing fraud, waste, and abuse in the Medicare program.
…
Being in Step with HIPAA Security Rules and Recommended Practices
Contributed by Lee Kim, Esquire
lkim@tuckerlaw.com, 412.594.3915
The mention of the HIPAA security rules often provokes an irrational fear in people who are not so technically inclined, but there is a difference between knowing the legal compliance requirements and being an information technology specialist. Here is a simple summary of your security obligations and…
HHS Secretary briefing today at 5PM
All are invited to join a White House Conference Call on Health Insurance reform today, Thursday April 1 at 5:00PM EST. Call 800-230-1951 (a phone number for the AT&T teleconference service) a few minutes prior to the scheduled time and ask the operator for the "Health Care Call." Thank you to Lynn Sweet, columnist and…
Live HHS webcast tonight with Q&A session about health care reform
The Department of Health and Human Services ("HHS") is hosting an online question and answer session open to the public at 7PM Eastern with a question and answer session.
Here is the link to the webcast: