Physician Self-Referral

CMS proposes to implement changes enacted in ACA to the "whole hospital" and "rural provider" exceptions in the physician self-referral law that will prohibit their use by new physician-owned hospitals and limit the ability of existing physician-owned hospitals to expand their capacity. The deadline for physician investment and having a provider agreement

HHS: Meaningful Use, Standards, Certification Final Rule

CMS and ONC hosted a press briefing (on Tuesday, July 13, 2010 at 10:00 a.m. EDT) to announce the final rules on Meaningful Use and Standards and Certification under the HITECH Act’s Electronic Health Records (EHR) incentive program.


The final rule on meaningful use may be found at

Contributed by Paul J. Welk

412.594.5536, pwelk@tuckerlaw.com

Connecticut Attorney General Richard Blumenthal announced a settlement — the first of its kind in the nation — on July 6, 2010 with Health Net and its affiliates for failing to secure private patient medical records and financial information on nearly a half million Connecticut enrollees and promptly

Health and Human Services ("HHS") Secretary Kathleen Sebelius announced yesterday important new proposed rules and resources to strengthen the privacy of health information and to help all Americans understand their rights and the resources available to safeguard their personal health data. 

The official release date of the new proposed rules is July 14, 2010.  These

Contributed by Piyush Seth, Esquire

pseth@tuckerlaw.com or 412.594.5640

July 6, 2010, the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law filed suit against Arizona’s recently passed immigration law, S.B. 1070, in Federal court citing conflict with Federal law.

Attorney General Holder stated

As issued in June 2010, 45 CFR Part 170 – The Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology establishes certification programs for purposes of testing and certifying health information technology. This Rule specifically establishes:

The Department of Labor has recently clarified its interpretation of when one stands "in loco parentis" for the purposes of taking FMLA leave.

The Family and Medical Leave Act (FMLA) entitles an eligible employee to take up to 12 workweeks of job-protected unpaid leave:

  • for the birth of a son or daughter;
  • for placement of