Throughout the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) issued a number of waivers and flexibilities to help healthcare providers manage the influx of patients during the Public Health Emergency (PHE). The implementation of the Acute Hospital
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President Biden Signs End-of-Year Legislation Including Telehealth, Medicare & Medicaid, Mental Health, Pandemic Preparedness, and Other Health Care Provisions
On December 29, President Joe Biden signed into law the Consolidated Appropriations Act, 2023 (P.L. 117-164) (the “Act”)—an approximately $1.7 trillion spending package, which consists of all 12 fiscal year (FY) 2023 appropriations bills and funds the federal…
CMS Issues Proposed Rule to Standardize Electronic Health Care Attachments Transactions and Electronic Signature under HIPAA
On December 21, 2022, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would adopt standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for “health care attachments” transactions, which would: (1) support…
CMS Issues “In Lieu of” Services Guidance to Address Health-Related Social Needs in Medicaid Managed Care
On January 4, in its most recent effort to expand federal support for addressing health-related social needs (HRSNs), the Centers for Medicare & Medicaid Services (CMS) issued guidance to clarify an existing option for states to address HRSNs through the…
CMS Issues a New “Advancing Interoperability and Improving Prior Authorization Processes” Proposed Rule
On December 6, 2022, the Centers for Medicare & Medicaid Services (CMS) issued a Proposed Rule that would (i) further enhance health data exchange by establishing data exchange standards for certain payers, (ii) improve patient and provider access to health…
HHS Issues Proposed HIPAA Rule to Adopt Updated Version of Retail Pharmacy Standards for Electronic Transactions
On November 9, the Department of Health and Human Services (HHS) issued a proposed rule to adopt updated versions of the retail pharmacy standards for electronic transactions adopted under the Administrative Simplification subtitle of the Health Insurance Portability and Accountability…
HHS Proposed Changes Would Align Part 2 Regulations on Substance Use Disorder Records with HIPAA
In late November, HHS proposed long-awaited changes to regulations at 42 C.F.R. Part 2 (“Part 2”) governing the confidentiality of substance use disorder (“SUD”) records as required under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. Generally, HHS is…
Top Healthcare Policy Developments in 2023; Register for Crowell Health Solutions Webinar
The results of the 2022 U.S. midterm elections—during which voters were focused on the economy, public safety, and health care and abortion issues—will have longstanding consequences for the development of health care policy over the next two years. With the…
HHS OCR Issues a Bulletin on HIPAA Requirements for Tracking Health Information When Using Online Technologies
HHS Proposes Significant Amendments to Part 2 Regulations Governing the Confidentiality of Substance Use Disorder Records
Earlier this week, the United States Department of Health and Human Services (“HHS”) released a Notice of Proposed Rulemaking (“NPRM”) that proposes to make sweeping changes to regulations at 42 C.F.R. part 2 (“Part 2”) governing the confidentiality of substance…