Hinshaw & Culbertson LLP

Hinshaw is a national law firm with approximately 425 lawyers. We offer a sophisticated legal practice, with an emphasis in litigation, consumer financial services, corporate and business law, environmental, health care law, labor and employment law, professional liability defense, and wealth preservation and taxation matters. Our attorneys provide services to a range of for-profit and nonprofit clients in industries that include construction, financial services, health care, insurance, legal, manufacturing, real estate, retail and transportation. Our clients also include government agencies, municipalities and schools.

Hinshaw & Culbertson LLP Blogs

Latest from Hinshaw & Culbertson LLP

On September 9, 2019 the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services announced its first enforcement action and settlement of its Right of Access Initiative. This follows an OCR announcement earlier this year of its intention to vigorously enforce patients’ rights to promptly receive copies of their medical records, without being overcharged. A 480 bed Florida hospital paid OCR $85,000 and adopted a corrective action plan in settlement…
Hospitals operating in Florida need to be aware of a new Florida law that voids noncompete agreements between doctors and their employers. Specifically, Section 542.336 of the Florida statutes voids noncompete agreements between physicians and specialty physician groups where the group employs all the specialty physicians in a given Florida county. An oncology service provider had sued in federal court, arguing the law amounted to special interest legislation and did not serve a legitimate public…
A HIPAA Business Associate (“Business Associate”) is an individual or entity who performs or furnishes activity or service for or on behalf of a HIPAA Covered Entity (“Covered Entity”) involving the use or disclosure of protected health information (“PHI”). The HITECH Act and OCR’s HIPAA Security final rule provides the U.S. Department of Health & Human Services Office for Civil Rights (“OCR”) with authority to take enforcement action against Business Associates only for those requirements…
Over on the Hinshaw & Culbertson LLP website, we review revisions by the Centers for Medicare & Medicaid Services (CMS) to the regulations for the Programs of All-Inclusive Care for the Elderly (PACE), which make significant changes to ownership restrictions, compliance program monitoring and oversight requirements, staffing requirements, marketing, and participants’ rights. The changes will provide greater administrative and operational flexibility for PACE organizations and includes multiple incentives for the growth and development of…
I recently had opportunity to publish an article in the DRI Medlaw Update regarding the challenges posed by Electronic Health Records (EHRs) technology within the context of medical malpractice cases. In the article, I address how EHRs operate and how they differ from the more familiar paper medical chart. First, I explore the concept of “export distortion” and its impact on producing a patient’s chart from within an EHR system. Next, I review the issue…
The California Department of Managed Health Care (the “DMHC”), which regulates Health Care Service Plans, recently adopted a regulation regarding general licensure requirements for health care providers (“Entities”) that accept global risk, as defined by the Knox-Keene Health Care Service Plan Act of 1975 (“Knox-Keene Act”). Taking effect this week (July 1, 2019), the regulation is codified in California Code of Regulations, title 28, section 1300.49. The new law will require most Entities to…
I recently published an article in the Journal of Health Care Compliance that provides on overview of the many legal issues raised by the practice of telemedicine services by federally qualified health centers (FQHCs) and rural health centers (RHCs). Because of the many benefits conferred by this health care service modality, FQHCs and RHCs are rapidly adopting telemedicine measures. However, there are many legal risks and compliance issues associated with the use of telemedicine, and…
State Boards of Pharmacy are responsible for protecting the health, safety and welfare of the public by regulating the legal distribution of prescription drugs in their respective states, and ensuring the quality of all drugs administered, prescribed, distributed, or dispensed by prescription. That responsibility includes regulating the practice of pharmacy; administering and enforcing pharmacy practice acts and regulations in their respective states; and licensing, regulating, monitoring, investigating, and disciplining pharmacists and pharmacies. A State Board…
A Managed Care Organization (MCO) contracts with providers to create provider networks that deliver health care services at discounted rates. The plan accessing the provider network may offer a Coverage Agreement issued by the MCO. In the alternative, the plan accessing the provider network may be a self-funded plan offered by an employer that contracts with the MCO to access the MCO’s network to apply its discounted rates to the self-funded plan’s Coverage Agreement. Providers…
A Managed Care Organization (MCO) contracts with providers to create provider networks that deliver health care services at discounted rates. The plan accessing the provider network may offer a Coverage Agreement issued by the MCO. In the alternative, the plan accessing the provider network may be a self-funded plan offered by an employer that contracts with the MCO to access the MCO’s network to apply its discounted rates to the self-funded plan’s Coverage Agreement. Providers…