On October 21, 2015 the Department of Health and Human Services Office of Inspector General posted Advisory Opinion No. 15-13. This Opinion relates to a request for Advisory Opinion about a plan to offer free van shuttle services to certain medical facilities in an integrated health system. The Office of Inspector General (the “OIG”)
Paul Welk
Hospital Network Reports Large HIPAA Breach
By Paul Welk on
Posted in Compliance, HIPAA, HIT, and EHR
Community Health Systems announced today, August 18th, that hackers broke into its computers and stole data on 4.5 million patients. The information included names, Social Security numbers, physical addresses, birthdays and telephone numbers. More information on the breach is available at http://money.cnn.com/2014/08/18/technology/security/hospital-chs-hack/index.html
Physical Therapy Provider Enters into HIPAA Settlement
By Paul Welk on
U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced yet another enforcement action. Specifically, OCR opened a compliance review of Concentra Health Services (Concentra) upon receiving a report that an unencrypted laptop was stolen from the Springfield Missouri Physical Therapy Center. The investigation revealed that Concentra had previously recognized…
HIPAA SECURITY RISK ASSESSMENT TOOL RELEASED BY HHS
By Paul Welk on
Posted in Compliance, HIPAA, HIT, and EHR
A HIPAA security risk assessment (SRA) tool was recently made available through HHS. The tool was developed as a collaborative effort between the HHS Office of the National Coordinator for Health Information Technology (ONC), the HHS Office of Civil Rights (OCR) and the HHS Office of General Counsel (OGC). This SRA tool is intended to…
OCR PREPARING FOR NEXT ROUND OF HIPAA AUDITS
By Paul Welk on
Posted in Compliance, HIPAA, HIT, and EHR
OCR PREPARING FOR NEXT ROUND OF HIPAA AUDITS
In a February 24, 2014 notice published in the Federal Register, the Department of Health and Human Services announced a pre-audit survey of HIPAA covered entities and business associates. The information collected will involve a survey of up to 1,200 covered…
Federal Trade Commission Delays Red Flag Rules Enforcement Until November 1, 2009
By Paul Welk on
Posted in Compliance
On July 29, 2009, the Federal Trade Commission announced that it will again delay enforcement of the Red Flag Rules, this time until November 1, 2009. The Red Flag Rules apply to health care providers who allow patients to pay for health care services, for example through co-payments and deductibles, in installments. For further details…
The Paper Chase – New Family And Medical Leave Notice Requirements
By Paul Welk on
Posted in Legal News
The Department of Labor recently issued new amendments to the Family and Medical Leave Act (FMLA). Those amendments have added to the notice requirements under the act, creating both a paperwork chore for businesses and a potential legal trap if the required notices are not provided. This Alert summarizes the new notice requirements.
General Notice
The General Notice must be…
Highmark Medicare Services Teleconference On Billing Of Time Units For Physical And Occupational Therapy Services
By Paul Welk on
Posted in Medicare & Reimbursement
Highmark Medicare Services will be hosting a teleconference on May 15, 2009 at 12:00 p.m. Eastern to discuss the billing of time units for physical and occupational therapy services. The teleconference may reference issues such as CMS Online Manual, Pub. 100-2, Chapter 15, Sections 220 and 230; Change Request CR6321; Frequently Asked Questions…
Utilizing Employment Contracts To Protect A Practice’s Investment In Its Employees
By Paul Welk on
Posted in Physical Therapy
Physical therapy practices invest significant time, money and effort in employee development. Given the significance of the investment in its employees, the practice should consider how to protect this investment. In many jurisdictions this can be accomplished through an employment agreement containing a restrictive covenant, often referred to as a "non-compete". To learn more about…
Employee-Related Records – Can I Ever Throw This Stuff Out?
By Paul Welk on
Posted in Physical Therapy
As a practice grows, it often finds itself with file cabinets full of employee related records and asking the question "Can I ever throw this stuff out?". While certain records can be discarded, it is important to remember that there are state and federal requirements for the retention of employee related records. For a user…