February 2012

A Federal Court denied prevailing party attorneys’ fees to a hospital in a Health Care Quality Improvement Act (HCQIA) proceeding and allowed the hospital to design its own due process in Fox v. Good Samaritan Hospital.

The denial of the attorneys’ fees is basically based upon laches and estoppel theory, because the hospital waited

Contributed by: Lee Kim, Esq.

412.594.3915

CMS has released the notice of proposed rulemaking for meaningful use stage 2 and has provided an overview fact sheet outlining the differences from stage 1.

Link to NPRM:

http://www.ofr.gov/OFRUpload/OFRData/2012-04443_PI.pdf

Link to fact sheet:

https://www.cms.gov/apps/media/press/factsheet.asp?Counter=4286&intNumPerPage=10&checkDate=&checkKey=&srchType=1&numDays=3500&srchOpt=0&srchData=&keywordType=All&chkNewsType=6&intPage=&showAll=&pYear=&year=&desc=&cboOrder=date

The Health Care Compliance Association says that, “The CHC© is a professional with knowledge of relevant regulations and expertise in compliance processes sufficient to assist the health care industry to understand and address legal obligations, and promote organizational integrity through the operation of effective compliance programs.”

Michael Cassidy, chair of the Health Care

Section 6402(a) of the Affordable Care Act established a new Section 1123J(d) of the Social Security Act entitled “Reporting and Returning Overpayments.” This new provision requires a person who has received an overpayment to report and return the overpayment, and to provide written notification for the reason of the overpayment. On February 16, 2012, CMS published the

Congress approves measure averting 27 percent physician cut through 2012

A House-Senate Conference Committee tasked with identifying a compromise to avoid the pending 27.4 percent Medicare physician payment cut reached a 10-month deal that would maintain current physician payment rates through the end of the year. The measure was approved this afternoon by both

Contributed by Lee Kim, Esq.

412.594.3915

The HITECH Act mandates HIPAA audit and enforcement. In that vein, the US Department of Health and Human Services Office for Civil Rights (OCR) announced a pilot program to perform audits of covered entities to assess their HIPAA Privacy and Security compliance. The covered entities to be audited include a

Mobile Devices Roundtable: Safeguarding Health Information

Friday, March 16, 2012, 8:30 a.m. – 12:30 p.m. EST

Location:

Hubert H. Humphrey Building

U.S. Department of Health and Human Services – Great Hall

200 Independence Avenue, S.W., Washington, DC

Or via webcast (please see the HealthIT.gov link below)

The Roundtable will include

USPTO to Host February 21 Webinar with Senior Agency Officials

The United States Patent and Trademark Office (USPTO) will host a free public webinar with senior agency officials on Tuesday, February 21, 2012 at 4:30 p.m. Eastern Time. USPTO Director David Kappos and other agency leaders will outline proposals for new patent fees, as well

HHS announces intent to delay ICD-10 compliance date

As part of President Obama’s commitment to reducing regulatory burden, Health and Human Services Secretary Kathleen G. Sebelius today announced that HHS will initiate a process to postpone the date by which certain health care entities have to comply with International Classification of Diseases, 10th