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
Compliance
HHS Announces Intent to Delay ICD-10 Compliance Date
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…
Telemedicine Arrangement Receives OIG Approval
In OIG Advisory Opinion No. 11-12, a nationally ranked tertiary hospital proposes to establish a telemedicine program for neuro-emergency clinical protocols and consultations for stroke victims and to provide this program without cost to existing affiliated community hospitals. Since a key component of the program would be the provision of hardware, software and communications applications…
CMS Permits Self-Reporting Nursing Homes 50 Percent Penalty Reduction
CMS has issued a final rule in 42 CFR § 488.438(c)(2), which will be effective January 1, 2012, which states:
· “When CMS determines that a SNF, a dually participating SNF/NF, or an NF-only facility subject to a civil money penalty imposed by CMS self-reports and promptly corrects the non-compliance for which the…
Pennsylvania Confirms Electronic Prescription Transmission is Acceptable Practice
CMS Proposes Nursing Home Voluntary Disclosure Rules
On July 12, 2010 CMS published the proposed rules to implement the 50% Civil Money Penalty (CMP) reductions for nursing homes that self-report compliance violations. The potential for the 50% reductions was enacted by Section 6111 of the Patient Protection and Affordable Care Act (PPACA), and is available under the following conditions:
1. The nursing home…
FTC Extends Enforcement Deadline for Red Flags Rule Through December 31, 2010
At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the “Red Flags” Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. Click here to read the announcement.
By Paul Welk
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…
CMS Mandates Advanced Imaging Accreditation by January 2012
Section 135(a) of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) amended section 1834(e) of the Social Security Act and required the Secretary to designate organizations to accredit suppliers, including but not limited to physicians, non-physician practitioners and Independent Diagnostic Testing Facilities, that furnish the technical component (TC) of advanced diagnostic…
Changes to EEOC Employment Law Poster
The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The new workplace notice is for use by employers covered by federal civil rights and anti-discrimination laws. The new poster incorporates the requirements of the Genetic Information Nondiscrimination Act (GINA) and changes made by the Americans with Disabilities Act…