On July 29, 2019 Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule on modifications to the Stark Law advisory opinion regulations. The proposed rule responds to comments CMS received in response to its July 25, 2018 Request for Information, seeking recommendations from the public on how CMS might address any undue impact and burden of the Stark Law.» Read More
On Jan 23, Gov Phil Murphy announced an additional eligible condition to qualify patients for the Medical Marijuana Program (MMP) – opioid addiction. The addition of opioid addiction as a qualifying condition is consistent with the governor’s and Health Commissioner Dr.» Read More
The Out-of-Network Consumer Protection Transparency Cost Containment and Accountability Act was adopted in June 2018 and went into effect last month. It has gotten significant attention regarding emergent or urgent services rendered to patients, and the inability of out-of-network providers and facilities to balance bill the patient. » Read More
Generally, when using or disclosing an individual’s Protected Health Information (“PHI”), HIPAA regulations require the covered entity to obtain an authorization from an individual, including for research purposes. The Office of Civil Rights (“OCR”), the entity that enforces HIPAA compliance, recently issued guidance for situations when an entity obtains an authorization from an individual for use and disclosure of PHI for research, focusing on the following topics:
Sufficient Description – HIPAA regulations require that the authorization, in plain language, provide “a description of each purpose of the requested use or disclosure.
The case of Nahas v. Shore Medical Center, a New Jersey Court ruling dated April 27, determined that a Medical Executive Committee of a hospital can be sued as an entity for its decision denying restoration of a physician’s full privileges.» Read More
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