This is a link to the update of the OIG Work Plan that you will see it includes several new entries regarding COVID issues at nursing homes: Meeting the challenges presented by COVID Audit of nursing homes reporting of COVID-19 information Nursing home oversight during COVID-19.…

The COVID pandemic has illuminated the need to modernize professional licensing.  Although professional licensing has always been a necessary vigilance with licensing has always been appropriate, and never more so than as highlighted by the opioid epidemic and telemedicine fraud schemes when physicians could issue prescriptions and orders for services over the internet for patients with whom they had no meaningful professional contact, there is obviously new interest in this area.  State licensing boards were…

Yesterday (May 13, 2020), the Centers for Medicare and Medicaid Services (CMS) issued a 74-page “toolkit” to help nursing homes mitigate COVID-19 in their facilities.  A copy of the CMS publication can be found here:  https://www.cms.gov/files/document/covid-toolkit-states-mitigate-covid-19-nursing-homes.pdf The toolkit provides resources dedicated to addressing the very specific challenges facing nursing homes during this crisis.  It is to be used by nursing homes, state and local officials, health care providers and anyone else with a role in…

Although the Office of the Inspector General (“OIG”)  has previously announced that it would exercise discretion with respect to financial arrangements entered into to facilitate and enhance the availability of COVID-19 testing, the attached Memorandum from the Office of Attorney General also indicates enhanced enforcement scrutiny with respect to fraudulent testing.…

The following are just some random thoughts or curated information regarding the impact the COVID pandemic will have on privacy in general, and health information privacy in particular. I have attached a link to information issued by HHS explaining that, not only are HHS and OCR specifically advising that the release of patient information regarding COVID infections is expressly being permitted as part of a nationwide public health emergency, but that in fact HIPAA always…

Attached is a PDF issued by CMS regarding blanket waivers of the Stark Law in order to allow physicians and hospitals to adjust 18 different potential financial relationships in order to deal with the COVID-19 emergency.  The waivers were issued on March 30, 2020, with a retroactive effective date of March 1, 2020.  They will terminate in accordance with conditions established in Section 1135(e) of the Social Security Act, which essentially provides they will be…

Although many believe the HIPAA rules already allow for disclosure of COVID-19 cases on the basis of a public emergency, OCR just issued Guidance, attached in the link below, confirming disclosure is permitted when needed to provide treatment, with the notification is required by law and in order to prevent or control the spread of a disease or prevent or lessen and imminent threat to public safety. OCR Guidance…