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CMS Adds 11 New Approved Telehealth Services During the COVID-19 Pandemic and Updates Guidance to States on Medicaid Telehealth Expansion

By Sven Collins

October 15, 2020

On October 14, the Centers for Medicare and Medicaid Services (CMS) announced that it has expanded its list of telehealth services approved for Medicare beneficiaries during the COVID-19 Public Health Emergency (PHE). The eleven telehealth services CMS just added are for cardiac and pulmonary rehabilitation. CMS approved them using an expedited process it unveiled in a May Interim Final Rule. These eleven new services, along with many others designated as temporary, will remain in effect…

Triage Health Law

DOJ Prioritizes Health Care Fraud in the Pandemic

By Marisa Darden & Chase Goldstein

October 15, 2020

The Department of Justice (“DOJ”) recently announced its largest ever health care fraud and opioid enforcement action. In a coordinated effort, DOJ charged 345 defendants with more than $6 billion in fraud losses for submitting false and fraudulent claims to federal health care programs and private insurers. The nationwide enforcement operation has been in motion since April and is the product of inter-agency cooperation between the Criminal Division, Fraud Section’s Health Care Fraud Unit, the…

Triage Health Law

CMS Delays Publication of Final Rule Implementing Stark Law Changes to 2021.

By Robert Nauman

September 29, 2020

As we reported last October, CMS and the OIG issued proposed rules aimed at updating the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties Law as part of HHS’ Regulatory Sprint to Coordinated Care. In part, the proposed rules seek to address the current value-based and coordinated healthcare environment. While publication of final rules concerning the Stark Law changes was originally expected in August 2020, late last month CMS announced an extension of…

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Orthopedic Clinic Settles with HHS OCR for $1.5 Million over Claims of Systemic HIPAA Noncompliance

By Glenn A. Brown

September 25, 2020

The US Department of Health and Human Services’ Office for Civil Rights (“OCR”) recently announced a settlement with Georgia-based Athens Orthopedic Clinic PA (the “Clinic”) to resolve multiple alleged violations of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act (“HIPAA”). Under the terms of the settlement, the Clinic agreed to pay $1.5 million to OCR and to adopt a corrective action plan to settle potential violations of the Privacy and…

Triage Health Law

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

By Laura Lawless

September 15, 2020

The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020. The sweeping federal legislation provides emergency paid sick leave (EPSL) and expanded paid Family and Medical Leave (EFML) to certain covered workers impacted by the COVID-19 pandemic. On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations implementing the FFCRA and answering, at least in part, some questions related to coverage, eligibility, use, and job restoration. You can read our…

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UK End of Transition – Moves to Provide Clarity for Industry

By Adrian Spooner

September 14, 2020

The work of UK health and regulatory authorities has mainly been targeted on COVID-19 work over recent months but there has been an increasing focus on End of Transition work in recent week’s and given that the Brexit transition period ends at 11pm on 31st December 2020 (GMT). As part of this work, UK MHRA has started to issue multiple separate pieces of guidance for the UK Life Science industry that covers many areas including…

Triage Health Law

HHS Eases Federal Substance Use Disorder Confidentiality Rules

By Elliot Golding & Kristin Bryan

August 27, 2020

Last month the Substance Abuse and Mental Health Services Administration (“SAMHSA”) finalized amendments to the federal Confidentiality of Substance Use Disorder Patient Records regulation, 42 C.F.R. Part 2 (“Part 2”). The changes purport to better facilitate substance use disorder (“SUD”) care coordination and treatment by loosening technical consent requirements, clarifying permissible disclosures, and providing other guidance. Notably, these changes do not address changes required under the COVID-19-related CARES Act, which will require aligning Part 2’s…

Triage Health Law

Kamala Harris – Where the Vice Presidential Nominee Stands on Key Healthcare Issues

By Meg Gilley, Callan Smith, David LesStrang & John Wyand

August 17, 2020

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On Tuesday, August 11, 2020, presumptive Democratic presidential nominee Joe Biden announced Sen. Kamala Harris (D-CA) as his vice presidential running mate. Since joining Congress in 2017, Sen. Harris has largely served as a bridge between progressive and moderate Democratic positions and policies. She has made immigration, equal pay and reproductive health rights core planks of her policy proposals. Her current congressional committee assignments include Senate Judiciary, Homeland Security and Governmental Affairs, Intelligence and Budget.…

Triage Health Law

Public Records Show Agencies Are Vigorously Enforcing New COVID-19 Requirements Against Healthcare Providers

By William Kishman

August 14, 2020

Since the COVID-19 outbreak began, healthcare providers have faced a slew of new regulatory requirements. As many healthcare providers know, enforcement agencies have taken starkly different approaches in terms of how often, and how vigorously, they enforce these requirements. Recent reports show, however, that agencies are closely enforcing workplace safety requirements relating to COVID-19, especially as they pertain to healthcare providers. Within the past month, the U.S. Occupational Safety and Health Administration (OSHA) and its state…

Triage Health Law

Supreme Court Ruling Limits Insurer and Employer Contraceptive Obligations

By Stacey Grundman, Doug Anderson & Meghna Rao

July 29, 2020

Earlier this month the Supreme Court of the United States upheld a regulation adopted under the Trump administration significantly cutting back the requirement that insurers and group health plans provide coverage for contraceptives without cost sharing under the Affordable Care Act (ACA). Because of the ruling in Little Sisters of the Poor v. Pennsylvania, employers, including publicly traded companies, with religious or moral objections are not required to provide contraceptive coverage under the health plans…

Triage Health Law

Blog Authors

CMS Adds 11 New Approved Telehealth Services During the COVID-19 Pandemic and Updates Guidance to States on Medicaid Telehealth Expansion

DOJ Prioritizes Health Care Fraud in the Pandemic

CMS Delays Publication of Final Rule Implementing Stark Law Changes to 2021.

Orthopedic Clinic Settles with HHS OCR for $1.5 Million over Claims of Systemic HIPAA Noncompliance

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

UK End of Transition – Moves to Provide Clarity for Industry

HHS Eases Federal Substance Use Disorder Confidentiality Rules

Kamala Harris – Where the Vice Presidential Nominee Stands on Key Healthcare Issues

Public Records Show Agencies Are Vigorously Enforcing New COVID-19 Requirements Against Healthcare Providers

Supreme Court Ruling Limits Insurer and Employer Contraceptive Obligations

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