CMS published the payment policies under the 2011 Medicare Physician Fee Schedule on Tuesday, January 13, 2011. The Med Law Blog will be posting comments on significant provisions over the next several weeks. Please let us know if there is a particular issue you would like addressed.
CMS Releases Proposed ASC 2011 Fee Schedule
CMS Position on Whole Hospital Physician Ownership Stark Exception
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
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.
Connecticut Attorney General Settles First Action for HIPAA Violations Under Hitech
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…
HHS Strengthens Health Information Privacy and Security through New Rules
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…
United States Department of Justice Files Suit Against Arizona
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…
Sexual Harassment in the Medical Profession Receives No Special Treatment
This might come as a surpise to some, but the "medical profession" get’s no special leeway on sexual harassment and off-color remarks because of the nature of their work. Read the following article posted on Maria Danaher’s eployment law blog:
ARRA Certification Program for EHR
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:
- A temporary certification program to assure the availability of Certified EHR
…
Department Of Labor Clarifies Definition Of “In Loco Parentis” Under FMLA
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
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