Your prescribed dose of health law news
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently released two resource documents to help healthcare providers explain the privacy and security risks of telehealth to their patients.
The first document, entitled “Educating Patients about Privacy and Security Risks to Protected Health Information when Using Remote Communication Technologies…
The Corporate Transparency Act (CTA) will affect most small, privately held businesses starting January 1, 2024. Does the CTA apply to you?
What is the CTA?
The CTA, a law enacted by Congress, will require certain business entities to disclose beneficial ownership information to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).
New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services)…
On Friday, October 27, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Bob Hussar will present an overview of recent regulatory developments at the New York State Office of the Medicaid Inspector General (OMIG). The program will take place from 12:00 noon to 1:00 PM Eastern time…
The Federal Trade Commission (FTC) recently issued guidance entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” The guidance points out that while businesses that collect, use, or share consumer health information are (or should be) accustomed to complying with HIPAA and its Privacy…
An August 24 article in Part B News, “You can ‘fire’ patients for just cause, but hew to a clear policy,” explained how healthcare providers can legally and ethically refuse service to a patient. Rivkin Radler partner Frank Izzo was quoted in the article.
Although healthcare facilities usually get into legal hot…
The New York State Department of Health has published a webpage regarding Public Health Law (PHL) Article 45-A. In our prior post, we discussed how PHL Article 45-A requires health care entities involved in material transaction(s) to provide written notice and information to DOH at least 30 days prior to the closing of a…
The American Bar Association has published the second edition of “The Federal Anti-Kickback Statute and Safe Harbors: A History and Practice Guide.” Written by Geoffrey R. Kaiser and Ada Janocinska, the book is a comprehensive reference for one of the nation’s most commonly cited, investigated and enforced health care fraud and abuse laws.
The book…
On Thursday, September 14, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Eric D. Fader will present an update on the regulatory landscape for the provision of telehealth services, including recent changes to federal and state laws and rules. The program will take place from 12:00 noon…
On August 18, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published an Advisory Opinion warning that a common arrangement under which surgeons profit from referrals of their patients for intraoperative neuromonitoring (IONM) services can violate the federal Anti-Kickback Statute (AKS). The Advisory Opinion, the first significant public commentary on…
