On Thursday, October 22, the United States Department of Health and Human Services (HHS) announced that the latest Provider Relief Fund (PRF) application period has been expanded to include additional provider applicants such as residential treatment facilities, chiropractors, and vision care providers who have not yet received PRF distributions.» Read More
On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with comment period, which establishes new COVID-19 testing and reporting requirements for a variety of health care providers, including nursing facilities, clinical laboratories, and hospitals.» Read More
The Office of Inspector General’s (OIG) Work Plan sets forth various projects including OIG audits and evaluations that are underway or planned to be addressed by the OIG during the fiscal year. The OIG updates its Work Plan monthly. The July 2020 Work Plan updates include six items directly related to the COVID-19 pandemic and includes the following:
On Friday, May 15, 2020, Gov. Murphy issued Executive Order 145, allowing physicians and dentists to resume elective surgeries and invasive procedures as of Tuesday, May 26. This is long-awaited news by both patients and doctors. However, before Ambulatory Surgery Centers (“ASCs”) start scheduling and performing elective procedures and surgeries, the ASC needs to comply with the directives of the New Jersey Department of Health.» Read More
The Senate voted on Wednesday night to approve a $2 trillion COVID-19 relief package to help millions of American workers and businesses survive the impact of COVID-19. The Relief package is titled CARES Act (Coronavirus Aid, Relief and Economic Security Act) and includes COVID-19 relief for individuals, businesses, and the health care industry.» Read More
In New Jersey, a physician is required to maintain treatment records for seven years from the date of the most recent entry; however, questions always arise about how long a physician must retain medical records for a minor.
The State Board of Medical Examiners does not differentiate between minor and adult patients, and simply sets a seven-year retention requirement. » 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.
I recently wrote the article “Artificial Intelligence in Medicine – Legal Concerns” for the Onondaga County Medical Society Bulletin. The article discusses the role Artificial Intelligence (“AI”) plays in modern medicine and the legal concerns associated with it. To read the article, please click here.» Read More