In the case Brokamp v. James, the U.S. Court of Appeals for the Second Circuit on April 27 affirmed the dismissal of Elizabeth Brokamp’s suit against New York officials. The Virginia-licensed mental health counselor’s suit claiming that New York’s licensing laws violated her right to free speech was previously dismissed by a lower court.
PHE HIPAA Enforcement Discretion to Expire, Restoring Compliance Obligations
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced on April 11 that the Notifications of Enforcement Discretion issued under HIPAA and the HITECH Act during the federal COVID-19 public health emergency (PHE) will expire when the PHE ends on May 11.
The four Notifications of Enforcement Discretion that will…
New Legislation Protects New Yorkers with Medical Debt
New York Governor Kathy Hochul recently signed legislation designed to prevent New York hospitals and medical providers from employing certain collection practices against patients with medical debt. This protection became effective immediately upon the Governor’s signing.
The legislation prohibits providers and hospitals from previous collection practices of garnishing up to 10% of a patient’s paycheck…
Fitbit Unveils Smartwatch AFib Detection
In a recent blog post, Fitbit unveiled three new devices in its product line. One of the newly debuted watches, the Sense 2, includes an atrial fibrillation (AFib) detection algorithm that recently received FDA clearance.
The AFib detection technology relies on a photoplethysmography (PPG) optical heart-rate sensor that reads the heart rhythm of its…
Provider Requirements Under the No Surprises Act
The federal No Surprises Act, effective January 1, 2022, established new requirements for healthcare providers, facilities, and providers of air ambulance services to protect consumers from “surprise” medical bills. These requirements are in addition to applicable state laws regulating balance billing and surprise bills.
If a consumer receives care from an out-of-network provider, the patient’s…
California Laboratory Settles FCA Claims Related to Genetic Testing
Exceltox Laboratories, LLC, a California diagnostic laboratory, is paying a $357,584 settlement to resolve allegations of False Claims Act (FCA) violations. Exceltox allegedly submitted or caused to be submitted claims for genetic tests to Medicare without valid physician oversight.
In 2015, Exceltox engaged an independent contractor, Seth Rehfuss, who persuaded residents of low-income senior housing…