The 2022 Medicare Physician Fee Schedule Final Rule released on November 2 by the Centers for Medicare & Medicaid Services (CMS) added certain services to the Medicare telehealth services list through December 31, 2023. Last year, we wrote about temporary “Category 3” services that were added to the Medicare services list for the duration of
Updated Guidance: COVID-19, ADA, Vaccinations, Religious Exemptions and EEO Laws
On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is entitled “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.” This Technical Assistance also provides links
Recent Developments in Telehealth: For the Pandemic and Beyond
On Thursday, November 18, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler Partner Eric D. Fader will present an overview of changes in the provision of telehealth services, and federal and state regulation of them, since the beginning of the COVID-19 pandemic. New rules and waivers that are
OCR Issues Guidance on COVID-19 Vaccination Disclosures and HIPAA
On September 30, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it issued guidance to clarify that the HIPAA Privacy Rule does not prohibit businesses from asking customers, clients or employees to disclose their COVID-19 vaccination status. OCR felt compelled to weigh in after chronic widespread ignorance of
COVID-19 Designated as a Communicable Disease under New York HERO Act
On September 6, 2021, New York Governor Hochul announced that the New York Commissioner of Health had designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the New York HERO Act (the “HERO Act”). This new designation requires all New York employers to implement workplace
HHS Awards $954 Million to Health Centers
The U.S. Department of Health and Human Services (HHS) has awarded $954 million to 1,292 community health centers across the U.S. for capital improvements. The funds, to be provided by HHS’s Health Resources and Services Administration (HRSA) under the American Rescue Plan Act, will advance health equity initiatives in medically underserved communities.
HHS’s press release
FTC Warns Health Apps on Data Breach Notification
The Federal Trade Commission (FTC) recently issued a policy statement confirming that vendors of apps and other connected devices that collect personal health information, such as glucose levels, heart rate, or fertility or sleep data, are subject to the FTC’s Health Breach Notification Rule. The rule, issued in 2009, requires vendors to notify consumers
OIG Approves Hospital “Warranty” on Joint Replacement Procedures
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a favorable Advisory Opinion on an arrangement that would allow a hospital to offer free items and services to patients who experienced certain complications after undergoing joint replacement procedures at the hospital. The arrangement only applied to a specific list
Federal Government Delays Enforcement of Price Transparency Rule
The federal government will delay for six months its enforcement of key portions of the Transparency in Coverage (TiC) final rule that goes into effect on January 1, 2022. The change was announced in guidance issued jointly by the U.S. Departments of Labor, Health and Human Services, and the Treasury on August 20.
The TiC
OIG Issues Favorable Advisory Opinion on Arrangement between Medigap Plan and Hospital Network
On August 16, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued a favorable Advisory Opinion regarding an arrangement between a Medicare Supplemental Health Insurance (“Medigap”) plan and a preferred hospital organization (PHO). The arrangement in question incentivized Medigap policyholders to seek inpatient care from hospitals that participated in the