James F. Hennessy

Firm/Organization: Reed Smith LLP

Blogs: Health Industry Washington Watch, Life Sciences Legal Update, Technology Law Dispatch

Latest Articles

New California law aims to expand telehealth coverage and payment

October 28, 2019

On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 744 (AB 744), marking the latest of many state legislative efforts to modernize health care by ensuring that telehealth services are paid and covered, similar to their face-to-face counterparts. Effective January 1, 2021, the statutory language added by AB 744 requires newly created, amended, or renewed commercial payer contracts to reimburse telehealth services at the same levels as when those services are…

Life Sciences Legal Update

New California ballot initiative would expand protections over health data

By Kimberly Gold & James F. Hennessy

October 2, 2019

Californians may have a new privacy initiative on their November 2020 ballot after the California Privacy Rights and Enforcement Act of 2020 (CPREA) was proposed last week. If enacted, this new law would revise and expand upon the California Consumer Privacy Act (CCPA) – which goes into effect in January – by, among other features, creating heightened standards around the use and disclosure of “sensitive personal information.” Under the newly proposed CPREA, “sensitive personal information”…

Technology Law Dispatch

HHS reexamines prior interpretation of the Health Information Technology for Economic and Clinical Health Act’s penalty structure

By Brad Rostolsky, Kimberly Gold & James F. Hennessy

May 1, 2019

The U.S. Department of Health and Human Services (“HHS”) filed a Notice of Enforcement Decision (the “Notice of Enforcement”) on April 26, 2019, confirming the agency’s reconsideration of its prior interpretation of the Health Information Technology for Economic and Clinical Health Act’s (the “HITECH Act’s”) penalty structure. Effective immediately, the maximum penalty that the HHS Office for Civil Rights (“OCR”) will impose for a particular violation of the Health Insurance Portability and Accountability Act of…

Health Industry Washington Watch

HHS Revises Previous Penalty Structure for HIPAA Violations, Creates Annual Penalty Limits

By Brad Rostolsky, Kimberly Gold & James F. Hennessy

April 30, 2019

The U.S. Department of Health and Human Services filed a Notice of Enforcement Decision on Friday, April 26, 2019, announcing a new system of annual penalty limits for HIPAA violations based on an entity’s level of culpability. The agency revised its previous interpretation of the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which did not have an annual penalty cap varying on level of culpability. This revised structure reinforces the idea…

Life Sciences Legal Update

HHS Reconsiders Penalty Structure for HIPAA Violations, Imposes Annual Limits based on “Level of Culpability”

By Brad Rostolsky, Kimberly Gold & James F. Hennessy

April 29, 2019

On Friday, April 26, 2019, the U.S. Department of Health and Human Services (“HHS”) filed a Notice of Enforcement Decision (the “Notice of Enforcement”), confirming the agency’s reconsideration of its prior interpretation of the Health Information Technology for Economic and Clinical Health Act’s (the “HITECH Act’s”) penalty structure. In doing so, HHS announced the abandonment of a previous annual penalty cap that did not vary based on an entity’s level of culpability. Effective immediately, the…

Health Industry Washington Watch

New Medicare Supervision Rules Applicable to both Physician Offices and Hospital Outpatient Departments

By Thomas W. Greeson & James F. Hennessy

December 6, 2018

In a transmittal issued last week, the Centers for Medicare & Medicaid Services (CMS) extended newly-revised supervision rules for certain diagnostic tests paid via the Medicare Physician Fee Schedule (MPFS) to services paid under the Outpatient Prospective Payment System (OPPS) for hospital outpatient departments. The transmittal relates to services performed by a registered radiologist assistant who is certified and registered by the American Registry of Radiologic Technologists, or a radiology practitioner assistant who is certified by…

Life Sciences Legal Update

Analysis of Medicare, Medicaid, and Other Health Policy Provisions in Bipartisan Budget Act

By Robert Hill, Joseph W. Metro, Paul W. Pitts, Elizabeth B. Carder-Thompson, Catherine David, Rebecca E. Dittrich, James F. Hennessy, Rahul Narula, Debra A. McCurdy, Brenda Boschetto & Nancy Sheliga

February 26, 2018

The newly-enacted Bipartisan Budget Act of 2018 includes numerous Medicare, Medicaid, and other policy and payment provisions impacting health providers and manufacturers. Of particular note, the new law: increases Medicaid rebate obligations with respect to line extension drugs; changes manufacturer discount obligations in the Medicare Part D “donut hole”; repeals the Independent Payment Advisory Board (IPAB); makes Stark Act revisions; and significantly increases penalties for violations of various anti-fraud statutes. A Reed Smith Client Alert…

James F. Hennessy

New California law aims to expand telehealth coverage and payment

New California ballot initiative would expand protections over health data

HHS reexamines prior interpretation of the Health Information Technology for Economic and Clinical Health Act’s penalty structure

HHS Revises Previous Penalty Structure for HIPAA Violations, Creates Annual Penalty Limits

HHS Reconsiders Penalty Structure for HIPAA Violations, Imposes Annual Limits based on “Level of Culpability”

New Medicare Supervision Rules Applicable to both Physician Offices and Hospital Outpatient Departments

Analysis of Medicare, Medicaid, and Other Health Policy Provisions in Bipartisan Budget Act

Stay Connected

Company

Support

New to the Network